Creative Regulators in Legal and Virtual Spaces
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Creative Regulators in Legal and Virtual Spaces
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Yuri A. Tikhomirov 
Occupation: Deputy Head of the Center of Public Law Studies
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Pages
5-16
Abstract

The law expresses i ts creative impact in complex and contradictory conditions. The legal space reflects the multilayered nature of legal regulation, and the virtual space is not only state territories and international zones, but also assumed and imagined circumstances that may occur in the future. A lot depends on the choice of legal regulators.

The nature and possible use of the imperative as a mandatory influence on another subject is considered. The alternative allows one to flexibly evaluate options for solutions and actions. Selfregulation is characterized primarily by norms of self-obligation. The article substantiates the peculiar legal "periodic tables". This makes it possible to analyze the development of legal regulation in the context of scientific and technological progress. For this purpose the forecasting, modeling and diagnostics methods of risks are used. This makes it possible to successfully overcome various crisis situations.

The necessity of increasing the role of science in the preparation of draft laws and important by-laws is substantiated. It would be helpful to prioritize scientific conclusions and recommendations. Much attention is paid to the analysis of the social potential of law. First, there are stronger links between goal-setting, management cycles and social actions and the achievement of the intended results. Secondly, the analysis of the problems of using the well-known Montesquieu doctrine on the separation of powers continues; the expediency of wider use of forms of implementation of unified state power, including institutions of direct democracy, professionalism and flexible management structures, is proved. This will make it possible to make the impact of the law on the management of public affairs more effective. Special attention is paid to the consideration of such a paradox as optimism in conditions of uncertainty. For this purpose, ten recommendations are substantiated for purposeful transformative impact on the processes in society, including the use of both the latest information technologies and increasing the role of legal awareness and creative legal behavior.

Keywords
legal impact, legal regulators, imperatives, alternatives, self-regulation, separation of powers
Date of publication
15.03.2023
Number of purchasers
12
Views
181
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0.0 (0 votes)
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Additional sources and materials

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