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EVALUATION OD “SUNSET LEGISLATION” AS A MEANS OF DEREGULATION

Journal: International journal of ecosystems and ecology science (IJEES) (Vol.12, No. 1)

Publication Date:

Authors : ;

Page : 253-260

Keywords : deregulation mechanism; legal means of deregulation; “sunset legislation”; legislation with a limited duration; legal experiment; the principle of regularity of legislative revisions.;

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Abstract

Purpose: The purpose of the work is to define the content of “Sunset legislation”, its delineation from similar legal means and with taking into account foreign experience, elaboration of proposals for the development and adjustment of such a domestic institution. Design / methodology / approach: Deep understanding of the actual functionality “sunset legislation” is a complex and multifaceted practical and theoretical problem. This study is an attempt to identify real, not perceived, advantages and disadvantages of legislation with a limited period of validity and the possible scope of application of this legal means in domestic realities. Findings: As a result of the study, a conclusion was made about the economic efficiency of “sunset legislation” at the initial stage of its functioning and significance for maintaining the balance of legislative and executive powers in subsequent ones. In addition, the use of this legal tool increases legal certainty, has a beneficial effect on legislative stability, since it allows you to create a situation in which the termination or change of a normative act before the expiration of the deadline is exceptional. It was found that despite the significant similarity of "sunset legislation" with legal experiments and the principle of regularity of revision of legislation, they are largely different, primarily in their purpose. The author also comes to the conclusion that a simplified version of the “sunset legislation” has been implemented in Russia into one area of public relations, for which this legal remedy has not yet exhausted its potential. Original / value: The work is aimed at optimizing foreign ideas regarding a long-standing legal remedy - legislation with a limited duration - for Russian legal theory and practice insofar as its meaning and purpose is differently understood in different ways in legal discussion.

Last modified: 2022-02-16 13:42:35