Kovaleva, Tatyana Konstantinovna - Basics of legal consulting: (to the course "Municipal law" and the special course "State power and entrepreneurship: the basics of relationships"): educational and practical manual. Which of the teachers of your faculty is ok

It so happened that I had to decide myself. But it should be noted that a strong core of the scientific elite has indeed formed at Moscow State University. I can see the strength of Zorich (analytical functional analysis), Shmelkin (Algebar), Shabat (TFKP), Oleinik (Partial differential equations). Gorin was strong in his own way (functional analysis, he liked to work in TFKP). Gorin (TFKP is also strong, my leader, but he was guided by abilities, their significance, and at 16 they were recorded in my pragmatic mind as abilities = death, so I could only manifest them in matters more important than death. This the paradigm is difficult, it was unnatural even for class specialists, therefore I was looking for solutions myself. Only in the 4th year I realized what I needed, after two years I completely figured out this issue. Now I am the strongest specialist in the world on the relationship of development society and sciences, and in the 4th year I just yelled at a graduate student who was outraged by the students' ignorance of dates in the history of mathematics, as I yelled at her, everyone was taken aback, but she got it right). Shmelkin managed to uncover my problems, but he did not react so quickly to my question, he realized this later, but I did not have many resources, but as always I wanted everything. Therefore, I chose TFKP and slowly rolled down, though except for cases when questions were more important than death. In general, the structure of Moscow State University is designed for the ability to work. Therefore, there are strong specialists, but this is still not enough. But this is a special topic. I can only add that it was easier with the strong ones. Here the weakness could finish me, but then after a while I would go over the "corpses" and would do it on the very high level, which was not at Moscow State University. Which is better I cannot judge. It's just that the development of sciences is in fact very rigidly subordinated to the development of society. I would disagree with this anyway, and since this is an absolute truth, such a game would begin that it’s better not. Everything could be under attack and society and maybe humanity. That is, I could easily cover my disagreement with the fact that science is strictly subordinated to the development of society. If Shmelkin reacted at the speed that he himself set, I could calmly deal with myself. But he could not pay attention to the level of development of society and the world. I am one of those who do not like to take something to the grave, no matter how far I go. This, too, could be fraught with society. This does not mean that the values are important to me, they would not be important ironically, just as they are not important now. But I would not count all the variations. For me, it would only be important to move forward and forward. I can say again that at Moscow State University, a strong teaching staff can be said to be the best in the world, without exaggeration. And in matters of increasing development risks, I think he will say more than one weighty word in all areas. In this part, I will try to strengthen the influence of Moscow State University on the development of society. I can do this without demanding counter decisions. There was another teacher ( Functional analysis). He rose above the importance of ability, but he used this in relations between people and students, not always correctly. But even this can be allowed, since the development of sciences is rigidly subordinated to the development of society. In general, a strong line-up, I would say very powerful.

4. Collection of legislation of the Russian Federation. - 2010. - No. 38. - Art. 4832.

5. Serebrovsky V.I. Selected works on inheritance and insurance law / V.I. Serebrovsky. 2nd ed., Rev. - M .: Statut, 2003 .-- S. 490.

6. Collection of legislation of the Russian Federation. - 2013. - No. 31. - Art. 4255.

T.K. Kovaleva

LEGISLATIVE INFLATION IN MODERN LEGAL DISCOURSE AND SOME WAYS OF IT

OVERCOMING

Annotation: modern processes social development is determined by the constant search for optimal models for improving the legal regulation of social relations. In this context, the emergence and growth of the so-called legislative inflation as a relatively new phenomenon can have a serious destabilizing effect on the system of functional characteristics of legal discourse. In this regard, the analysis of formal legal mechanisms slowing inflationary processes already at the stage of legislative initiative may become one of the approaches to finding a solution to optimize the work of legislative bodies.

Key words: legislative inflation, legislative initiative.

The modern period of studying and searching for optimal forms of interaction between the state and society, including the tools for creating their legal model and base, implies the study, among other issues, of various aspects of legal discourse, understood as an activity determined by objective and subjective factors to determine the parameters of significance, create and the proper consolidation of legal norms, the actualization of which is determined by various factors. In this context, legal discourse as a kind of system of legal communication designed to perform a number of important functions, among which are regulatory, performative, informative, interpretive; cumulative and some others, requires constant improvement and close attention of various kinds of specialists, including jurists.

It is quite obvious that the functions of legal discourse are interrelated and interdependent, and the entire normative context as a result of this activity is intended, in one way or another, to contribute to the search for the most optimal models of the functioning of the state and society in their relationship. The emergence of various new elements in modern legal discourse, conceptually defining its dynamics and changing its paradigm to one degree or another, arouses both scientific and practical interest. Recently, the so-called legislative inflation has become the object of study of a number of specialists. This phenomenon is studied, first of all, as a kind of destructive and destabilizing element of legal discourse, introducing problems into the functioning of the socio-cultural parameters of the latter.

In the modern context of studying the phenomenon of legislative inflation, special

They compare it with inflation in the monetary and economic sense, where the term "inflation" ("inflation" - from the Italian word "inflatio", which means "swelling") represents a steady upward trend in the general price level. By adapting this concept to the analyzed problem, it can be established that the main elements of legislative inflation constitute a systemic interconnection of the following elements: "sustainability", "growth trends", " general level the number of the entire set of normative legal acts ”. Thus, for the purposes of this analysis, “legislative inflation” is understood as a steady upward trend in the total number of regulatory legal acts.

To determine the quantitative component of this phenomenon, a monetary-economic analogue is used, namely, the rate (or level) of inflation, which is calculated as a percentage of the difference in the levels of certain quantitative characteristics the current and previous period and is the main indicator of inflation. In this regard, various studies provide impressive figures illustrating inflationary processes in modern legal discourse. The reasons for this phenomenon are different and include, among others, the following: the complication of social relations, the emergence of new blocks and elements of social relations, including those associated with the development of new technologies, the imperfection of the legal regulation of the legislative process. However, regardless of the reasons, “legislative inflation” in modern legal discourse has a significant destabilizing effect, determining the development of legal nihilism, and therefore requires proper study in order to find mechanisms to overcome it. Among the instruments of formal legal impact on the processes of “legislative inflation”, the study primarily examines various legal provisions aimed at optimizing the regulation of the legislative process, with the priority goal of creating a legal toolkit that prevents the emergence of an unreasonable number of regulatory legal acts.

The subject of the analysis of this article is the study of legal norms governing the activities of authorities and administration in the field of the provisions of the institution of legislative initiative, as well as legal regulations in the field of organizing the work of legislative bodies in the context of creating optimal conditions for identifying priority and significant legislative initiatives and using a kind of filtering mechanisms. , contributing to limiting the adoption by the legislative body of bills not dictated by the real requirements of the time.

Currently, any parliament is faced with the problem of the fact that within the framework of the mechanism of legislative initiative appears a large number of bills with which legislators, due to imperative requirements, must work in established timeframes and procedures. This situation is due to a number of reasons, the main of which is the provisions on a fairly wide range of subjects of legislative initiative, formally enshrined in the legislation of the overwhelming majority of countries. This diversity of the subjects of legislative initiative, combined with the action of a number of other factors, leads to a situation where the legislature is forced to accept for consideration and put to a vote bills, the adoption of which is not dictated by the real needs of society. The above shows that initially the search for ways to optimize the mechanism of action of the institution of legislative initiative as one of the ways to reduce “legislative inflation” should begin with a study of the issue of the range of its subjects of legislative initiative.

In most states, the circle of subjects of legislative initiative includes, as a rule, the head of state, government and members of parliament, other government bodies, regional authorities. However, the real practice of legislative activity shows that the majority of bills are introduced either by parliamentarians who have legislative initiative (collectively or individually) or by the government. The latter means that the scope of the search for the optimization vector of legislative activity can be quite accurately defined.

Undoubtedly, one of the simplest mechanisms for reducing the number of bills could be limiting the right to legislative initiative of individual parliamentarians and formalizing the requirement to increase the number of deputies for a group of deputies to exercise the right to legislative initiative. It seems that although this approach will be quite difficult to implement both politically and legally, it can become one of the foundations for optimizing the work of legislative bodies. Further search for ways to combat legislative inflation at the initial stage of implementation of a legislative initiative should follow the path of filtering incoming bills and defining a range of procedures that have a self-sufficient filtering nature.

Although in modern world the toolkit for achieving these goals is quite diverse; at the same time, it has a finite number of elements. First of all, a tool is used for the so-called personification of legislative initiatives. In a number of countries, bills being introduced are usually named after the names of those deputies who come up with the legislative initiative. This increases the personal political responsibility of the deputy for the content, timeliness and quality of the introduced draft law. It seems that the use of "personification" while reducing the possibility of individual legislative initiative to some extent will stop the growth of "legislative inflation".

Another mechanism could be the creation of a system of criteria defining the concept of the acceptability of draft laws with its subsequent consolidation at the constitutional level. It seems that the main criterion for such acceptability should be social significance and financial expenses for the implementation of the bill. Further, the consolidation of provisions on a certain form, on accompanying documents and on the format of the content of bills aimed at limiting the possibility of initiating an unprepared legislative initiative or at limiting the time for consideration of bills can also become effective remedy fight against legislative inflation. The mandatory written form of the bill or a certain strictly prescribed order of its presentation always becomes an additional filter. In general, it is obvious that the requirements for substantiating the principles and analyzing the possible socio-economic consequences of the draft law, for preliminary or accompanying examinations or conclusions, helps to increase the efficiency of the legislative body and prevent the adoption of laws that do not meet the real needs of social development.

Legislative inflation can be reduced by changing the parliamentary procedures themselves: reducing the time for debates, prohibiting the postponement of the consideration of the bill to the next session.

The above shows that at present there are a sufficient number of systemic provisions that, if applied in conjunction, will have a restrictive effect and will not allow entry into the legislature.

"raw" and unnecessary bills. In other words, to date, a systemic toolkit has already been developed and is being applied, which determines the parameters of the restrictive modules of the legislative process at the stage of legislative initiative, and the main task is to improve and further develop it. Summarizing the existing experience allows us to make some suggestions and recommendations for improving legislative work aimed at reducing legislative inflation. These guidelines should relate to:

Restrictions on the range of subjects of the right of legislative initiative, and, first of all, an individual deputy's initiative, which should be replaced by the initiative of a group of deputies;

Introduce the institution of the roll-call introduction of a bill, so that each bill gets the name of the deputy who introduces it and this deputy is aware of the responsibility that is assigned to him in connection with this bill, and then with the law;

Establishing a list of priority bills that are considered as a matter of priority. The priority can be determined both by the subjects of legislative initiative (for example, the President, the Government), and by the subject of regulation ( social sphere, defense and security, etc.);

Establishing a kind of "filters" to exclude "raw" bills by introducing a mandatory procedure for the examination of bills for repeatability, compatibility (with other introduced bills), expediency, etc. Such an examination can be carried out by specially created parliamentary commissions or independent structures from representatives of the public and authorities.

It also seems that the optimization of the legislative process can be facilitated by such measures as:

Strengthening the role of parliamentary commissions in the work on draft laws;

Introduction of special procedures to reduce the time for discussing draft laws;

Prohibition of transferring bills to subsequent sessions.

It appears that systems approach to the use of legal mechanisms aimed at limiting legislative inflation as a phenomenon of modern legal discourse means, first of all, operating with already existing legal structures enshrined in constitutions and regulations of legislative bodies. However, further development restrictive mechanisms implies strengthening the role of their cumulative use and improving the qualitative characteristics of the existing tools.

Bibliographic list

1. Kozhemyakin E.A. Legal discourse as a cultural phenomenon: structure and meaning formation [Electronic resource] - URL: http://www.konferense.siberia-expert.com

2. Palashevskaya I.V. Functions of legal discourse and actions of its participants // Izvestia Samarskogo scientific center Russian Academy sciences. - 2010. - No. 15 (2).

3. Dace Sulmane. Legislative Iflation - An Analysis Of the Phenomenon In Contemporary Legal Discourse // Baltic Journal of Law & Politics. 2011. - Vol.4. - No. 2.

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