Legal anomie as a factor in reducing effectiveness of law-making activities

Abstract

The article investigates the issue of legal anomie through the prism of amendments to the current Russian legislation. It is noted that in critical situations of society development, such changes can be explained both by the need to regulate new social relations and by the development of anomie penetrating into the structure of public administration. The article analyzes characteristic of the subject of legislative initiative through manifestation of legal idealism. The method of comparing the number of amendments introduced to various regulations is applied, which allows to conclude that there is a frequent lack of consistency in legislator’s actions. It is noted that legislation concerning various spheres of legal regulation changes in different ways. Constitutional legislation is given as an example of rational amendments. It is concluded essential to move from periodic changes in the law to scientifically based legal reforms, within the framework of which the amendments to the law should be characterized by consistency and systematicity. The leading role in overcoming destructive processes in the development of domestic legislation is assigned to the Constitutional Court of the Russian Federation. It is concluded that the process of amending legislation and its dynamics has a certain historical connection with the development of legal anomie in society. The different activity in the development of new bills, which is characteristic of different participants in the legislative process, may indicate that the level of anomie is not the same in different authorities and at different levels of public administration. Particular attention is paid to consideration of the specifics of implementing the right of legislative initiative by the representative bodies of the constituents of the Russian Federation. The spread of legal anomie in the legislative process is one of the most dangerous phenomena in the legal system; it has the most destructive impact on the effectiveness of law enforcement and justice.

Keywords

• amendments to legislation
• quality of lawmaking
• law reform