| Abstract [eng] |
The problems of efficiency and effectiveness of law The existence, range and problems of efficiency and effectiveness of law as the social value in the legal state determining total or partial non-efficiency/non-effectiveness were the object of this survey. This work tries to name and analyse the problems of efficiency and effectiveness of law, their reasons, as well as to propose the motions and recommendations for solution of these problems. The work begins by the general questions of efficiency and effectiveness of law: clarification of concepts, finding the object of survey and naming the topic of survey – these points are discussed concisely in so far as it is necessary to discuss them further analysing the main subject of work. In the second part of work it is trying to determine the range of efficiency as a legal value and to deny the striving of absolute efficiency. In the third part are analysed the particular problems of efficiency and effectiveness, in the aspect of different law trends and conceptions – law sociology, positive law, law economical analysis. Hereafter are developed the topic of legislation process and it is defined that the quality of legislation as well as the efficiency and effectiveness of law are conditioned by every stage of this process similarly the observance of law language rules and implementation of means to improve the legislation quality. It is performed the survey trying to identify the using of these means in Lithuania, are investigated the covering documents of decrees – travaux preparatoires, are analysed and systemised the notations, the tenders for the projects of laws, is debated the influence of these notations for the law acting in the future. In the last part of work are analysed the problems of efficiency and effectiveness of law rising during the law implementation: complexity of law and its expensiveness, non-competence of institutions, non-privity and a complex bureaucratic apparatus, also non-authoritative and non-appropriate interpretation of rules of law and the factors determining the doubts in the process of court. Finally the efficiency and effectiveness of law are opened as the criteria of choosing the method of law explanation. |
