The efficiency of legal means

Abstract

The aim of this work is to determine modern scientific approaches to the effectiveness of legal remedies, analysis of effectiveness criteria and existing gaps. The methodological basis of the study, when conducting the research, are general scientific and special methods of scientific knowledge. Results. Various scientific approaches to the definition of the category “efficiency” in the context of the application of legal means have been studied. The concept of “effectiveness of the mechanism of legal regulation” is considered in the “broad” and “narrow” sense. In the “broad” sense, efficiency is studied as the internal structure, features and interaction of all elements of the mechanism, while in the “narrow” sense, efficiency should be considered from formal and logical positions. Attention was also paid to the dependence of the functioning of these elements on the internal and external environment. Two groups of factors affecting the effectiveness of the mechanism of legal regulation are singled out. The first group of factors is related to the external conditions of the functioning of the mechanism of legal regulation (external factors), which ensure its general effectiveness and functionality, and the second - to the internal (specific) conditions that characterize its internal structure and directly organize its effectiveness. Conclusions. The problem of correct and effective use of legal means in various types of legal activity, their adequate reflection in legal consciousness is relatively new in legal science. It requires further elaboration and decision, especially against the background of the current stage of development of Ukrainian legislation and in connection with its significant renewal. The effectiveness of legal regulation of social relations is marked by the possibility of using various legal means. That is why a phenomenon that has crossed a certain limit turns into its opposite. In the same way, a violation of the balance of the use of various means of legal influence creates the impossibility of achieving the set goal. That is why legal incentives, if they are supported by legal constraints, are the most effective in satisfying subjects’ own positive interests.