Factors of effective performance of the special legal regimes

The effective performance of the special legal regimes is influenced by numerous factors. They include literacy of the structure of special regulation orders; appropriateness of the nature of the legal arrangements to the interests and tasks, which the special legal regime must implement; training of subjects, ensuring implementation of legal orders; the level of legal awareness and culture of the society and participants of the specific social relations, as well as the quality of law enforcement. Special attention is given to the last component. The author’s position is that the effectiveness of the special legal regime depends primarily on the quality of legislative mechanism: literate presentation of the text, accuracy and intelligibility of performance rules, absence of divergence and ambiguity of legal wordings, the level of specification of legal principles, etc. At the same time even the qualitative law may be ineffective if it is put into practice incorrectly. Using examples from law enforcement practice, the author describes how the law enforcer implements the provisions of the general legal regime in conditions provided for the special legal regime. Some examples from court practice are given when law can be wrested during its implementation and the legislative requirements are not met. Law enforcement practice being a key element for the effective performance of the special legal regimes can itself be an obstacle for their implementation. The author comes to the conclusion that the main causes of it are bureaucracy and corruption.