LEGAL PANDEMIC (ABOUT EXCESSIVE LEGALIZING OF THE HOSTEL AND OBLIVION OF OTHER REGULATORY SYSTEMS)

Бойко Александр Иванович
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Abstract

Russia, like most countries of the world, is going through a difficult painful period of its development, accompanied by attempts by the state to normalize most areas of life of citizens, business and management. Taking into account official calculations of the number of regulations simultaneously in force in the country and reports of the lower house of the Federal Assembly of the Russian Federation on monographic laws and amendments adopted by it annually, it follows that about 100 million legal rules are addressed to Russians. With so many prescriptions, the most qualified caste of lawyers and the administrative apparatus of any state will not cope properly. A huge regulatory array generates the need for a burdensome number of officials for the budget, intersectoral collisions and selective application of legal norms, corruption, distraction of the population from material and spiritual production, social nervousness. The negative consequences of excessive in terms of the volume of accepted and the speed of updating of existing regulations of the legal system of society have been noticed and evaluated in science. The main drawback of lawmaking has been called «legislative inflation», understood as a steady increase in regulatory arrays and their permanent novelization. Hence, domestic lawyers concentrated mainly on technological claims to the parliament and attempts to provide it with appropriate methodological assistance. The article also attempts to develop the problem. Relying on economic and medical knowledge, doctrinal views of Russian and foreign scientists, it is shown that excessive legal regulation has reached the threshold of a pandemic and evidence of this is given: it covers not only parliamentary, but also law enforcement activities; the private-property virus of this negative state is identified and characterized; the legal pandemic is linked to privatization, property inequality, atomization of the population and his moral anemia; methods of gradual, balanced displacement of legal rules by moral imperatives, religious teachings, the experience of the older generation, rituals and traditions, examples of asceticism and heroism from the history of ethnic groups, sayings and proverbs are proposed. As a result, it is stated that in critical periods of evolution, even the «consumer» society becomes aware of the truth – intangible assets are no less important than property well-being and a well-ordered life for the arrangement of a peaceful productive life of the people.
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法律流行病(关于旅馆过度合法化和其他监管系统被遗忘)
与世界上大多数国家一样,俄罗斯正在经历一个艰难而痛苦的发展时期,与此同时,国家试图使公民、商业和管理的大部分领域正常化。考虑到对该国同时生效的法规数量的官方计算,以及俄罗斯联邦联邦议会下院关于其每年通过的专题法律和修正案的报告,可以得出,大约有1亿条法律规则是针对俄罗斯人的。有这么多处方,最合格的律师阶层和任何国家的行政机构都无法妥善应对。庞大的监管体系导致了对大量官员的预算需求、部门间的冲突和法律规范的选择性应用、腐败、民众对物质和精神生产的分心、社会紧张。科学界已经注意到并评估了社会法律体系现有法规在接受量和更新速度方面的过度负面后果。立法的主要缺点被称为“立法通货膨胀”,被理解为监管阵列的稳步增加及其永久性的创新。因此,国内律师主要关注向议会提出的技术索赔,并试图向议会提供适当的方法援助。文章还试图对这一问题进行进一步的探讨。根据经济和医学知识以及俄罗斯和外国科学家的学说观点,表明过度的法律监管已经达到了流行病的门槛,并提供了证据:它不仅涵盖议会活动,还涵盖执法活动;这种阴性状态的私有财产病毒被识别和表征;法律流行病与私有化、财产不平等、人口原子化和他的道德贫血症有关;提出了通过道德要求、宗教教义、老一辈的经验、仪式和传统、民族历史上的禁欲主义和英雄主义的例子、谚语和谚语来逐步平衡地取代法律规则的方法。因此,有人指出,在进化的关键时期,即使是“消费者”社会也会意识到这一事实——无形资产的重要性不亚于财产福利和有序的生活,以安排人民的和平生产生活。
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66
审稿时长
8 weeks
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