Journal article Open Access

Theoretical and Legal Characteristics of the Effectiveness of Law

D.L. Drach

The article is dedicated to investigation of theoretical and legal characteristics of the effectiveness of law as a legal category. First of all, it is established that realization of the positive potential of law as a social regulator depends on the effectiveness of law chiefly, which is characterized by the state of order of social relations due to the legal support. An essence of the effectiveness of law as a correlation of certain components, a certain characteristic of the law, a multifaceted legal category and an interdisciplinary category is also revealed. Following this it is characterized a socio-legal nature of the effectiveness of law, which is conditioned by the necessity of ensuring  the diverse interests of society by legal remedies. Then, on the basis of analysis of the scientific concepts it is formulated an author’s definition of the concept of the effectiveness of law as a complex quantitative and qualitative characteristic of action of the objective law, which denotes measure and character of the effective impact of law on state of order of social relations, expressing realized potential of law. Afterwards, an expression of the potential of the effectiveness of law as positive or negative, a quantitative and qualitative characteristic, its existence in objective reality and interconnection with it, orientation on ensuring of the positive development of society are attributed to the features of the effectiveness of law. Furthermore, it is found out the great meaning of the effectiveness of law as a component of the system of legal values for the development of person, society, state and even the same law, because exactly this legal category allows the law to be realized in objective reality. Eventually, it is analyzed and improved the theoretical and legal statements concerning correlation of the effectiveness of law with related concepts, namely with the effectiveness of legal norms, the effectiveness of legislation and the effectiveness of legal regulation, which can be explain as follows:   the effectiveness of the rule of law in relation to the effectiveness of law is the primary element of the latter; the effectiveness of legislation is both a part and a form of the effectiveness of law; the effectiveness of legal regulation is a remedy of achieving the effectiveness of law.

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