LEGAL ImpAct In thE LAW SyStEm Tashkent Branch of Moscow State University named after M.V.Lomonosov, Tashkent, Uzbekistan

Shuhrat Shavkatovich Mirzaev, Vice-rector, Phd in Juridical Science (doctor_shuhrat@mail.ru)

tashkent Branch of Moscow State university named after M.V.lomonosov

abstract

This article reveals law as a systemic phenomenon. As a system of ideas, principles, rules, attitudes, behavior models, a set of freedoms, rights and regulatory regulators, it is constantly being embodied in real life, its implementation. Therefore, the law should be considered as an operating system, as a dynamic phenomenon. In this regard, the issues of functioning, «life» of law, and its action are of great scientific and practical interest.

В данной статье раскрывается право как системное явление. Как система идей, принципов, правил, установок, моделей поведения, свод свобод, прав и нормативных регуляторов, оно постоянно находит воплощение в реальной жизни, свое осуществление. Поэтому право должно рассматриваться как действующая система, как динамичное явление. В этой связи представляют огромный научный и практический интерес вопросы функционирования, «жизни» права, его действия.

It is known that the Law is not only a product of the historical and cultural environment, but also it actively influences the content of this environment, it reproduces itself, adapting to the environment, on the one hand, and adapting (creating) it on the other.[1. p. 12.] «Only the law is able to protect, organize and regulate the life of civilized communities. All civilizations and all cultures, one way or another, to a greater or lesser extent, rely on the law operation.»[1. p. 19.]

Legal effect includes the entire process of the law influence on social life, consciousness and people’s behavior. The aim of legal effect is the legal order. The legal effect represents an invisible, but mutual relationship between the law and a person, where, on the one hand, the law affects a person who acts as his object, and on the other, a person perceives and cognizes this influence.

In the legal literature, the notions of «effect» and «regulation» are differentiated. The category of «regulation» implies streamlining, coordination of relations between phenomena, between people. But the term «effect» means the influence on someone (something) or the achievement of a change in something based on the system of actions as a means of such a change. In its scope, the notion of «effect» is broader than the category of «regulation».[2. p. 770.]

Thus, the phrase «legal effect on public relations» is a broad concept that includes in its content all directions and forms of the legal effect on the society life. Professor H. Adilkariyev notes: the law effect (influence) is manifested in normative regulatory, ideological and educational forms. Due to legal effect, progressive and positive relations receive legal protection and gain momentum for further 33 33

improvement, while outdated relations that do not meet the requirements and interests of society leave the social life stage... The law affects the consciousness of participants in public relations and also establishes tough rules of conduct and thereby regulates them.[3. p. 431-432.]

S.A. Komarov defines the legal effect as a productive, normative and organizational impact on public relations as a special system of legal means proper (legal norms, legal relations, acts of implementation and application), and other legal phenomena (legal awareness, legal culture, legal principles, law-making process).[4. p. 436.]

D.N. Meshkov defines «the law effect as determined by socio-economic conditions, people’s needs and interests, the law properties (abilities) in a particular environment to have an informative and value-motivational effect on the personality, communities of people and, as a result, to ensure a lawful character in accordance with the goals, principles and requirements of the law their activities and actions, the achievement of actual results by civilized means and thereby contribute to the establishment of real rule of law in public relations. «[5. p. 8-9] In our opinion, this definition contains some disadvantages. Thus, the law effect is not only and not so much a property (ability) to exert influence, but the very productive potential embodiment of the content and requirements of the law in life. That is, this is the realization of the potential of the law to exert a regulatory effect on social relations. The law effect covers both the perception of its essence and requirements, and their implementation in practice, and the result of this embodiment is the rule of law.

Legal effect may take the following forms: law information effect, law orientation effect and law special legal effect or legal regulation.

The law information effect lies in the fact that it brings to its subjects information about the desired, encouraged, required, permitted and prohibited for society patterns of behavior, and also contains specific measures of information and psychological impact in the norms of law (benefits, incentives, suspension, etc. ) The purpose of the law information effect is to convey legal information to people. The object of the law informational impact is the legal consciousness of individuals. The main category of such effect is legal information.

The law orientation effect is that the most important, basic social values are enshrined in the law, which is subject to respect and observance by all members of this society; the behavior of the individuals of such a society should correspond to the indicated values. The purpose of the law orientation effect is the consolidation and protection of values in law, legal values. The object of the informational impact of law is the legal consciousness of individuals. The main category of orientation influence is legal attitudes (encouraging lawful conduct or wrongful one).

Legal regulation is a specially-legal stage-by-stage process of the effect of the right to public relations with the help of a system of legal means, which together comprise its mechanism. The legal regulation final result and its mechanism is the orderliness of public relations and the lawful conduct of its subjects. An increase in the number of regulated relations and the lawful conduct of its subjects contributes to the achievement of the goal of legal effect – the legal order.

The distinction between action and regulation, therefore, allows us to find out the place and role of each element of the legal regulation mechanism in the general system of the legal effect mechanism, to determine the relationships and interactions between these elements.[6. p. 436.]

The impact of law today is characterized by the variability of the forms of its manifestation (forms or sources of law). In the presence of such circumstances, it is necessary to identify and separate legal norms from other social norms, so that in the event of a legal relationship (the second stage of legal regulation) and in the process of legalization (third stage of legal regulation) it is legal and regulatory requirements that are fulfilled, and no other social provisions normal.

A process of targeted influence of the law on society, public relations and, ultimately, on the person and his behavior is a component of legal effect and legal regulation. The need to establish the relationship of the legal effect and the impact of the law is explained by the fact that the latter plays an important role not only at the theoretical and methodological levels, but also at the practical level in the field of legal impact. Consequently, the theoretical development of the concept of the effectiveness of the impact of the law and its actual implementation in practice nowadays are top priority tasks.

A well-known Russian theorist S. A. Muromtsev proceeded on the assumption that the study of legal norms in the context of social life will create a true picture of the law functioning. He analyzed the circumstances under which the norm is not implemented, and in this regard, substantiated the conclusion about the presence of «current» and «dead» norms.

Legal effect is the process of the law influence on public relations, entailing certain consequences, predominantly of a positive nature, containing all possible instruments – legal norms, legal awareness, law enforcement, law enforcement, legal culture, legality, law enforcement, etc.). Legal effect – this is any effect of the right on human behavior, on social relations, produced by all available means.

Legal means are involved in legal regulation and legal impact. If legal regulation is usually defined as being carried out by the entire system of legal means of influencing public relations in order to streamline them, then legal influence is as taking in unity and diversity the entire process of the influence of the right on public life, consciousness and behavior of people.[7.p. 724.]

Legal effect is carried out through appropriate complexes of legal and non-legal means (institutions), which are often denoted as «legal regimes». The term «legal regime» and its meaning in legal reality once again testify the multidimensionality, versatility, and volume of the law.

Professor S.S. Alekseev writes, «As soon as the law is viewed from the category of « legal means» point of view (and especially in dynamics and in the functioning of legal means), it is immediately revealed by new significant aspects, sides of its institutional nature, and there is a need for a multifaceted consecration of legal effect and regulation, such parties as the regulatory mechanism, and the legal regimes nowadays. The legal regime can be defined as the regulatory procedure, which is expressed in a diverse set of legal means that characterize a special combination of permissions and prohibitions that interact with each other and create a special focus on regulation. »[8. p. 334.]

In the legal literature, the category of legal regulation mechanism (LRM) has been widely established. However, it is very little and rarely spoken about the legal effect mechanism. The first reason for this, from our point of view, is that the problem of legal effect is under-explored. The second reason is that the legal effect is very extensive, and somewhat vague. Nevertheless, an attempt to model the legal effect mechanism (LEM) can be made.

It is obviously that LEM is a dynamic phenomenon, a state in action, in other words, the law in action.

However, theoretically, LEM can be represented in statics. As such, this concept is considered by S.A. Komarov, – coincides with the category of «legal superstructure», which means the whole combination of legal phenomena.3 Prof. Z.M. Islamov believes that LEM coincides with the «legal system» phenomenon. [9. p. 437.]

In the literature it is noted that if the statics of legal phenomena has been relatively fully explored, then their dynamics, action, and functioning are still examined not enough . In those cases when they are analyzed as the elements of a legal effect mechanism, attention is focused on the dynamic characteristics of these phenomena, on the interaction and correlation of all legal means with which legal effect is carried out.

Hence, to sum up everything stated above, the legal effect mechanism reveals the structural features (composition) of the legal superstructure, considered in motion, in dynamics. [9. p. 437-438.]

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