THE STABILITY OF LEGISLATION AND THE ROLE OF LEGAL MONITORING

Abstract

The current requirement is that the legal system of any State should be updated and systematically analyzed. In the context of the rapid development of society and the economy, it is necessary to ensure the stability of legislation and its readiness for new changes and compliance with the requirements of law enforcement practice. In this case, the stability and effectiveness of legislation can be determined through legal monitoring. From this point of view, the annual adoption and increase in the number of new regulatory legal acts, which in turn generate contradictory, repetitive norms and gaps, increases the relevance of legal monitoring. As the most frequent problems of legal monitoring, it is necessary to take into account not only frequent changes in laws, but also some difficulties that law-abiding acts bring to the life of society, the application of international standards of the legal system, which make it difficult to conduct legal monitoring, and not only domestic legislation.

The absence of scientific novelty in newly adopted subordinate acts, as well as the preservation of previous versions without substantial changes, contributes to formalism in rule-making. This approach, in the absence of comprehensive legal monitoring, lowers the quality of legislation and has a negative impact on law enforcement practice.

Therefore, the purpose of this article is to study the current state of this process, identify shortcomings and provide a way to solve them in order to ensure respect for and inviolability of human rights by ensuring the stability of legislation. 

To achieve this goal, the rules of legal monitoring are analyzed, which specifically regulate issues of legal monitoring. As a result of the analysis, problematic issues are identified, such as the scale of the list of objects of legal monitoring, the lack of methodological principles and signs of monitoring, as well as compliance with a formal approach, and the authors' conceptual proposals on these issues are presented.