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Section 10. Theory and philosophy of politics, history and methodology of political science
DOI: http://dx.doi.org/10.20534/EJLPS-17-1-58-61
Azamov Jasur, Researcher,
Tashkent State University of Law, Tashkent city, Uzbekistan E-mail: [email protected]
Forecasting as a factor of increase of efficiency of law enforcement
Abstract The article examines the nature and content of forecasting enforcement, enforcement is an important factor, as well as analyzes the features that contribute to the objective necessity of predictive maintenance to law enforcement.
Keywords: enforcement activities, forecasting, law enforcement effectiveness.
The problem of the effectiveness of enforcement activities is of great scientific and practical value, it becomes a priority in continuous updating of legislation, improvement of methods and ways of application of the law. The use of the right, as a special, specific form of the right that best embodies the purpose of law in reality reflects its purpose and nature. The right is a powerful regulator of public relations, but the regulatory process is not carried out by itself. After all, to the new law really worked, it should be implemented. It is important not just to take legal acts, but also to build a system that allows translating these instruments into practice. After all, in fact, entitled to nothing if its provisions are not found its realization in public relations.
Today is traditionally understood as the "power of the competent authorities and persons in the legal literature as enforcement activities for the preparation and adoption of individual decisions in legal proceedings on the basis of legal facts and specific legal rules» [1, 382]. Law enforcement has the tools and methods. By means of enforcement tools to understand, by means of which provides the necessary social, legal and other results, achievement of the objectives enforcer [2, 10]. Enforcement method is defined as a specific way to achieve the objectives and
results of using concrete means and under appropriate conditions and prerequisites for enforcement. These tools and methods are the tools to achieve the goal — the embodiment of the right to life. Of course, the effectiveness of enforcement depends on the socio-legal validity and quality of regulation [3, 18]. Do not designed, constructed hastily rule of law leaves a wide field for "discretion" enforcer. The result is an expansive or restrictive interpretation of the content of the rule of law, which leads to the attainment of the objectives directly counter to the objective laid down in them by the legislator. Consequently, the need rigid adherence to the law enforcement objectives of the objective pursued by the legislator, only then can the effectiveness of law enforcement. It is therefore justified the position that "enforcement is a measure of the validity and truthfulness of laws. It is here that the degree of truth and verified the quality of adopted law rules [4, 86].
Legal life, the legal system of any country can not develop without the foresight of the future, without his prediction. As practice shows, the higher the level of development forecasts, than they better, and thus more authentic and more effective, the more productively legal regulation of social relations. Without the ability to foresee the course of research
and development of legal processes is not possible to ensure the stability and functioning of the legal system in general, to contribute to its painless adaptation to internal and external changes, an adequate response to the needs of legal practice.
It should be emphasized that the legal Prognostics as a relatively young discipline interbranch today is not only of academic interest. Its necessity is caused by the fact that the legal policy components (legal relationships, processes, actions) are dynamic, that is characterized by constant fluidity and variability. And one of the parameters of a stable functioning of the legal system is the predictability of the dynamics of the processes of development. To achieve this, as well as to provide competent, rational legal regulation is intended, in particular, forecasting, based on the account of known patterns and identify trends in legal development.
In the scientific literature reveals a different legal entity forecasting. Z.S Zaripov said that "forecasting — a process of scientific prediction (prediction) of predicted future state of the object based on the analysis of its past and present systematically obtain reliable information containing quantitative and qualitative characteristics of the phenomenon under study with respect to long-term period" [5, 4]. V. K. Agamirov beneath him understand "the study status and development prospects in the sphere of legal relations ... society within the next historical period» [6, 8]. I. T. Tulteev gives the following definition: a system of legal forecasting tools, techniques and methods of knowledge development trends and the future state of legal processes, phenomena and institutes [6, 18]. V. S. Lomteva notes that "forecasting enforcement stage involves modelling the results of the implementation of the rule of law in a particular situation as getting social and legal effects, both positive and negative" [8, 6].
For law enforcement officials and to have scientifically based forecasts — it means to anticipate the course of events and legal action in the application of the rule of law, and thus to be able to timely respond to unwanted situations, improve management efficiency and control. Of course, in order to accurately predict the future event or other, to be able to reliably describe what can happen, you must perform a set of conditions, which is very difficult in
a continuously converts the legal reality. Nevertheless, law enforcement agents must constantly strive to foresee the possible consequences of its actions and acts. VM Baranov rightly points to the need for a preliminary prediction of the law counter options as a necessary condition for its proper and effective application [9, 34].
Skilful management of law enforcement, competent implementation of the requirements of the law subjects of law enforcement, their ability to optimally organize legal actions and operations, as well as rapid, complete and adequate resolution of legal cases, the rational use of available resources and to make competent legal decisions contribute to the achievement of regulatory objectives. Of course, enforcement decisions should be prognostic ally valid, suspended, thoughtful, and legally literate and take into account all the possible consequences. To do this, it is widely used in the enforcement of legal forecasting.
If you can give the normal law-making as a rule, the degree of adequacy of the new rules of social needs detected by law enforcement. The adoption of a legal act should be preceded by scientific development and evaluation ofthe practice oflaw. To prevent possible disadvantages of the legal act can be solved in many ways, using properly processed data to law enforcement, in the course of which abstract the rule of law is correlated with real relationships, it passes "run." As an example, you can cause Resolution ofthe Plenum of the highest judicial authorities, in which on the basis of analysis and generalization of judicial practice enforcement issued legal decisions to be taken by the lower courts in similar situations. Thus, the decision of the plenum of the Supreme Court of the Republic of Uzbekistan N19 of 19 December 2003, explicitly called — "On application by the courts of some norms of civil procedural law" [10]. We think that one can hardly deny the predictive nature ofsuch decisions, since they foresee and prevent possible errors of judges and urged them not to let that happen.
Law enforcement practice is the main element of the mechanism of legal regulation, "the testing" legislation for effectiveness, quality, consistency, consistency and etc. This activity of law enforcement agencies, which in the course of its activities actually faced with the existing shortcomings of law, able to
adequately assess the effectiveness of the accepted norms of law. In the course of legal practice we have developed certain ways to identify the shortcomings of legislation, which are used in the process of enforcement. These include activities of plenums of the Supreme Court and the Supreme Economic Court, which conducted the synthesis and analysis of judicial practice. The same generalization carries judiciary [11], prosecutors and law-enforcement bodies of the Republic of Uzbekistan. As a specific method for the analysis of law enforcement should also include the activities of the Institute for Monitoring of Current Legislation under the President of the Republic of Uzbekistan [12, 320].
Thus, enforcement of forecasting theory forms an independent interdisciplinary field focused on jurisprudence and a comprehensive prediction of socio-legal enforcement effect. We subscribe to the view of I. A. Tulteev and G. Tastanbekova who believe that law enforcement prediction «is a system of techniques and methods of forecasting and identification of desirable and possible consequences of ongoing law enforcement agent's application of the law.» We believe that forecasting is one of the conditions for effective law enforcement; it increases the effectiveness of law, for early detection and avoids the «failure» and other negative effects of enforcement actions. Such an approach to forecasting in the enforcement defines the conceptual meaning of the forecast enforcer thinking, his ability to make an informed, lawful, appropriate solution, characterized by symptoms such as competence, efficiency and timeliness. This approach is based on the accounting laws and the requirements of law enforcement, the ability to correctly apply them in their daily activities.
Based on what has been said, can justify the following conclusion: law enforcement decisions should be prognostically valid, suspended, thoughtful, and legally competent and the conditions and prospects of development of the legal situation. In the process of enforcement is a real life situation is superimposed on the ideal model, which is fixed in the law. The programming function allows foreseeing the legal model of the implementation of legal regulations in the process of enforcement. An example of this is the project of a settlement agreement, prepared by a lawyer in civil proceedings, which
must then be approved by a judicial act (definition) [13]. Since such a document contains, in fact, a legal dispute resolution available, but also a model for future relations between the parties on the subject of the dispute, and the consequences of execution of the agreement. Hence, the draft document prepared by a lawyer, may be considered as predictive model, by which the parties to resolve disputes.
As already noted, enforcement is a cognitive evaluation and a treatment process in which the relevant rules of law applies. An important tool for predicting the effectiveness of legal solutions and debug mechanism for implementing the proposed innovations is the legal experimentation. O. H. Saidov defines the legal form of the compound experiment as legal theory and legal practice. According to him, the legal experiment is a "theoretical moment" enforcement activities while the "practical aspect" of cognitive theoretical legal process [14].
For example, the testing of the draft law "On the openness of state authority and administration", held from April to December 2013 in Bukhara and Samarkand regions, allowed in on the basis of real law enforcement to check the effectiveness of the proposed amendments to the legislation [15]. This prediction was and the principle and function of the legal experiment. As a result, during the experiment authorized representatives of state authorities of Bukhara region made about 1,500 speeches and statements on television, radio and in the press, held 67 press conferences and briefings for journalists. In the process of implementation of the legal experiment 3.5 times increase in the number of published critical articles in the print media.
Thus, the theoretical analysis of the enforcement problems enables us to state the objective need for predictive maintenance enforcement, to justify the idea that law enforcement is a component of forecasting and occupies an important place in the system of law enforcement. System analysis of the concept of "forecasting in law enforcement" allows you to understand it in three senses: as a principle inherent in law enforcement as an important function of law enforcement and how certain activities. The foregoing allows us to conclude that the predictive maintenance of law enforcement is an important factor for its validity and effectiveness.
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DOI: http://dx.doi.org/10.20534/EJLPS-17-1-62-65
Baimakhanova Dina Muratovna, Al-Farabi Kazakh National University, Kazakhstan, Almaty Doctor of law, professor of chair of the theory and history of state and law, constitutional and administrative law, law department
E-mail: [email protected] Ospanova Dzhamilya Azizkhanovna, Al-Farabi Kazakh National University, Kazakhstan, Almaty Candidate of Law Sciences, associate professor of chair of the theory and history of state and law, constitutional and administrative law, law department E-mail: [email protected]
The theoretical aspects of the combination of forms of direct and representative democracy
Abstract: If the basis of classification of forms of democracy to take the way of the will of the population in the course of its participation in the management, then democracy is divided into immediate (direct) and representative. These two forms of democracy are inseparably linked with each other, they complement each other, characterized by constant interaction to the mutual influence. Originating at different times, they then become intertwined in all subsequent historical development.From now on they are inseparable from one another and it is difficult to imagine one without the other.
Keywords: Democracy, Constitution of Republic of Kazakhstan, representative democracy, direct democracy, a combination of forms of direct and representative democracy.
In his appeal on the redistribution of powers between branches of government, the President of the Republic of Kazakhstan N. A. Nazarbayev noted that the essence of the proposed reform in a serious redistribution of power and democratization of the political system as a whole [1]. In order to implement the new constitutional provisions important role played by the processes of democratic development, the combination of all its reforms.
If the basis of classification of forms of democracy to take a way of will of the population in the course of his participation in management, then democracy is subdivided into direct (directly) and representative. These two forms of democracy are inseparably linked with each other, they complement each other, characterized by constant interaction to the mutual influence. Originating at different times, they then become indispensable «fellows» of each other in all subsequent historical development. From now on they are inseparable from one another and it is difficult to imagine one without the other.
Representative democracy is the kind of democracy providing participation of the population in management not by its direct declaration of will, and by the declaration of will performed by it through the plenipotentiaries (through system representative authorities, through the President and the vertical of akims headed by it, through the Government and other executive bodies, through legal agencies, etc.). Allocating with the power of the representatives, and directly electing part of them (The president, deputies of Mazhilis and Parliament, deputies of Maslikhat) the population in subsequent is limited to general observation of how they exercise public administration, what efficiency of use of them of the provided prerogatives. On the forward plan bodies, officials, other structures which represent the people are from now on pushed. They really «manage» public administration, determine policy in the field of external relations and in the state, managements resolve general and specific issues, and are engaged in creativity, also law-enforcement
