EFFICIENCY OF LEGAL REGULATION OF ECONOMIC RELATIONS: METHODOLOGICAL PROBLEMS OF RELATIVITY

Abstract

Purpose of the article is to outline the facets of relativity of the category “efficiency of economic relations legal regulation” in dependence of the angle of analysis of appropriate economic law problem particularly during its consideration either from the point of view of scientific research or law-making, law-realization and law-enforcement with the purpose to reveal the possible features of its comprehension in specific terms and taking into consideration the vаriety of possible aims of economic law regulation. The methodological basis of the research is formed by general scientific methods of analysis and synthesis, as well as inductive and deductive methods. At the same time the combination of historical, axiomatic and system-functional methods allowed to form the methodological concept of the instrument for determination of the efficiency of economic relations regulation. Results. The author highlights not considered before in the juridical researches aspects of relativity of economic relations legal regulation efficiency according to temporal depth (horizontally) as well as the character (volume) of consequences caused not only for defined aim, but also for adjacent legal relations regulated by legislative provisions of one or a few fields of law (vertically). Conclusions. The results of comprehension of the problem has embodied in author’s formulation of the main provisions of methodological frame that is the basic concept of the method of determination of economic relations regulation efficiency taking into account the relativity of appropriate indicator. The proposed construct is based on the cause and effect scheme “mean of legal regulation – consequence (result)” that allows to analyze the instrument, namely the legal mean of economic relations regulation, as well as consequences of its application. It is determined that embodiment of above-mentioned concept in final methodological product can be provide only by further scientific development of outlined model with its concretization by clear measurable criteria which in total will delineate the gnoseological potential of appropriate method as well as the sphere namely the subject range of its application.