PREDICTIVE ASSESSMENT OF THE EFFECTIVENESS OF LEGISLATION

Authors

  • Gulnara Baurzhanovna Kyssykova

Keywords:

Forecasting, normative legal acts, legal monitoring, scientific expertis, legal system, consequences of the adoption of the law, legal regulation

Abstract

This article considers the issues of forecasting the consequences of legislation and draft normative legal acts. Forecasting within the legislative system stems from the dynamic nature of the legal system. At the same time, it is important not only to prepare a forecast, but also to prevent the negative consequences that have been predicted.

Therefore, in forecasting it is necessary to verify the results obtained, as well as to use acceptable methods. Thus, social prognostics methods are most suitable for predicting legislation. Also, the introduction of the Institute of Forecasting directly affects the increase in the cost and extension of the process of evaluation of legislation and projects.

Firstly, the article discloses a mechanism for predictive assessment of a legal norm or a group of rules. In particular, the benefits of predicting the effects of a particular norm have been concluded. Secondly, a predictive element within the framework of legal monitoring has been considered. Thus, it is proposed to forecast not a separate normative legal act, but a set of acts. For example, the forecast of a set of related acts or the forecast of a legislative act with by-laws adopted for its implementation. Analysis of the group of acts in a related way will allow legal monitoring to carry out more systemic tasks regarding the legal system. Third, in order to strengthen expert activities, it is proposed to pay attention to such types of expertise as comprehensive expertise. The expansion of the range of types of scientific expertise will allow project developers to involve specialists who more closely correspond to the subject matter of the project.

Published

30.12.2019

How to Cite

Kyssykova Г. Б. (2019). PREDICTIVE ASSESSMENT OF THE EFFECTIVENESS OF LEGISLATION . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(58). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/225