Maksim Zaloilo

Fragmentation as a Modern Trend of Legal Space Development

2020. No. 1. P. 27–49 [issue contents]
The subject of the study is the fragmentation of legal space as a modern trend of itsdevelopment viewed in a positive and negative way. The purpose of the work is toidentify options for solving the problem of negative fragmentation and forecasting thedevelopment of the legal space in terms of its positive fragmentation. Fragmentation isunderstood 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 notonly for laws, regulatory legal array, but also for other sources of law, strategic planningdocuments, judicial practice, legal doctrine. Using formal-logical, formal legal, systematicmethods of research, as well as the method of modeling the author reveals the positive andnegative features of fragmentation, offers the ways of overcoming of the fragmentationunderstood in a negative way. Absolutely all public relations cannot be the subject of legalregulation, some of them (for example, arising in connection with digitalization) can notyet be regulated by law in full. “Programmed” (positive) fragmentation of the law allowsto prevent unjustified expansion of the subject of legislative regulation and coverage ofrelations to be regulated by sublegislative acts or other regulators. Among the causesof fragmentation understood in a negative sense: the instability of the legislation, theinconsistency of actions of different subjects of law-making at different levels, the lackof correlation of changes made to regulatory legal acts among themselves, etc. Theproblem 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 lawon normative legal acts; synchronization of legal regulation; using legal technologiesof forecasting and planning, law-making crowdsourcing, expertise, legal monitoring, regulatory guillotine mechanism; application of artificial legal intelligence at differentstages of law-making process; approbation of law-making decisions within the frameworkof legal experiment and regulatory sandboxes.
For citation: Zaloilo M.V. (2020) Fragmentation as a Modern Trend of Legal Space Development. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 27–49 (in Russian) DOI: 10.17323/2072-8166.2020.1.27.49
Citation: Zaloilo M. (2020) Fragmentatsiya kak sovremennaya tendentsiya razvitiya pravovogo prostranstva [Fragmentation as a Modern Trend of Legal Space Development]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 27-49 (in Russian)
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