Objectives, tasks and functions of the expertise of normative legal acts

• Main Author: Nikolay Sergeyevich Titov
• Format: Article
• Language: English
• Published: Tatar Educational Center "TAGLIMAT" Ltd. 2015-09-01
• Series: Aktualʹnye Problemy Èkonomiki i Prava
• Subjects: expertise
• Online Access: http://apel.ieml.ru/storage/archive_articles/8274.pdf

Objective to identify goals objectives and functions of the expertise of normative legal acts NLA and to disclose their contents through the essence of law which will improve the quality of the expertise. Methods dialectical formaldogmatic comparative functional analysis synthesis. Results the definition is proposed of the purpose of the normative legal acts expertise as assurance of the law quality the achievement of which is impossible without performing tasks defined in the article. Accordingly the two functions of the NLA expertise are determined which are aimed at identifying of what is the inverse of the quality of law the legaltechnical and social functions. The legaltechnical function is aimed at solving the task of establishing formal certainty clarity unambiguousness and consistency of the rule of law namely the rights duties and prohibitions conditions of their emergence change and termination as well as measures of state protection. The social function is aimed at solving the task of identifying social benefits of participants of the regulated relations established in the regulatory acts. Scientific novelty the content of goals objectives and functions of the expertise of normative legal acts is revealed through the essence of law which from the formallegal side consists in ordering social relations with formallydefined rules of behavior and from the social side ndash in finding out in favour of whom the social relations are regulated. Practical significance accurate determination of the NLA research directions will provide continuity and consistency of NLA expertise and verifiability of the results. nbsp