Види ефективності законодавства: окремі наукові підходи

The purpose of the article is to consider and reveal the types of effectiveness of legislation through the prism of scientific approaches to the mentioned concept. Attention is focused on the fact that the diversity of scientific approaches, the ambiguity of the interpretation of the concept of “effectiveness”, the lack of normative consolidation of the criteria and types of effectiveness of legislation causes an active discussion of this issue and promotes the search for new approaches and proposals for updating the legislation. It was found that the question of types of effectiveness of legislation in the scientific literature is debatable. It was determined that the clarification and development of the classification of types of effectiveness of legislation will make it possible to form a single terminological apparatus that will allow to develop and structure a single integral system of evaluation of legislation, to improve and bring to the state of norms that are insufficiently effective to meet the needs of society. The main scientific approaches to types of legislation are considered. It has been updated that the main types of effectiveness of legislation include the following: legal and social effectiveness; direct and indirect; potential and real; social, psychological, political, special-legal, educational; the effectiveness of permissions, prohibitions, and obligations, regulatory and protective, behavioral, finitistic, axiological, motivational, moral. It is emphasized that the social effectiveness of legislation helps to achieve defined social goals and useful results for society, and thus can make positive changes in human legal awareness. Legal efficiency is achieved by compliance of the behavior of subjects with the prescriptions of the law. The analysis of various scientific approaches to determining the effectiveness of legislation made it possible to conclude that the main scientific problem remains insufficient development of the classification of types of effectiveness of legislation. The scientific novelty of the presented research consists in the development of theoretical support in the field of development of the categorical apparatus and the establishment of the essential features of the specified concept, namely, it is proposed to supplement the types of effectiveness of the legislation according to the criteria of the expected result, such as predictable and unpredictable effectiveness.