Fragmentation as a Modern Trend of Legal Space Development
Abstract
The subject of the study is the fragmentation of legal space as a modern trend of its development viewed in a positive and negative way. The purpose of the work is to identify options for solving the problem of negative fragmentation and forecasting the development of the legal space in terms of its positive fragmentation. Fragmentation is understood as incompleteness, fragility, inhomogeneity and uncertainty of the legal array. Fragmentation is inherent not only to national but also to international law, it is typical not only for laws, regulatory legal array, but also for other sources of law, strategic planning documents, judicial practice, legal doctrine. Using formal-logical, formal legal, systematic methods of research, as well as the method of modeling the author reveals the positive and negative features of fragmentation, offers the ways of overcoming of the fragmentation understood in a negative way. Absolutely all public relations cannot be the subject of legal regulation, some of them (for example, arising in connection with digitalization) can not yet be regulated by law in full. “Programmed” (positive) fragmentation of the law allows to prevent unjustified expansion of the subject of legislative regulation and coverage of relations to be regulated by sublegislative acts or other regulators. Among the causes of fragmentation understood in a negative sense: the instability of the legislation, the inconsistency of actions of different subjects of law-making at different levels, the lack of correlation of changes made to regulatory legal acts among themselves, etc. The problem of fragmentation can be solved by: the use of the potential of judicial practice; improvement of strategic planning of legal development of the state; adoption of the law on normative legal acts; synchronization of legal regulation; using legal technologies of forecasting and planning, law-making crowdsourcing, expertise, legal monitoring, regulatory guillotine mechanism; application of artificial legal intelligence at different stages of law-making process; approbation of law-making decisions within the framework of legal experiment and regulatory sandboxes.
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