On the role of sociological researches in legislative activity of the State Duma
Автор: Veselov Igor Gennadiyevich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теория и история права и государства. История учений о праве и государстве
Статья в выпуске: 2 (40), 2015 года.
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At the present time there is an obvious need for increased sociological support of legislative activity of the State Duma of the Federal Assembly of the Russian Federation through regular sociological studies on topical issues of legislative activity of a complex character and empirical sociological research focused on the study of public opinion. Analysing the question of the importance of public opinion when making legislative decisions, the author notes that the constant change of legislative regulation suggests the lack of sociological validity of the legislative acts, the inability of the legislator find the right balance between the interests of all subjects of legal relations. There is also the absence of a comprehensive, science-based approach to solving problems, which prevents to find the best legal solution based on respect for constitutional values and interests of all legal entities providing the necessary stability of legislative regulation. The lack of sociological information necessary legislator creates the risk of substitution of objective factors of lawmaking decisions subjective discretion of the legislator, making it difficult to find a fair balance between the competing interests of legal entities, which then often leads to the recognition of the Constitutional Court of the Russian Federation of the provisions of law inconsistent with the Constitution of the Russian Federation.
Sociological researches, state duma, legislative activity, legal monitoring, public opinion
Короткий адрес: https://sciup.org/142233746
IDR: 142233746