LEGAL PRACTICE FEATURES IN THE TRANSITIONAL PERIOD

Abstract

Terms of the law realization in the transitional period are so specific that the social behavior model, which is envisaged by the adopted norms, is not always embodied in the concrete social relations. The legal regulation crisis, which accompanies the process of the new state building and adaptation of the new legal system, negatively affects the law mechanism. The legal practice of the countries, which are in the transitional period, provides many examples, when the legal provisions remain just a declaration, since they do not envisage the effective mechanism for their implementation. The effectiveness of the law implementation in the transitional period depend on the correlation between the statistical number of the legal acts and the effective practical regulation of the legal relations.

The new law manifests its active role in the case, if the created constituted bodies of the state power purposefully ensure the achievement of the goal of the transitional period. The slowness and inertia of the state's development process in the transitional period prolongs the duration of the period of ineffectiveness of the legal regulation.

On the basis of the generalization of legal practice in its historical and contemporary temporal dimensions, the legal practice features in the transitional period are the following: the extremely high level of heterogeneity of the legal practice; heterogeneous legal thinking and interpretation; the atypical forms of law for the legal practice; certain rigor of social justice; the legal culture does not allow the rapid implementation of the law innovations in legal life; the contradiction between the law-adoption and law-enforcement, between the norms of the new legislation and the realities of the existing practice; the inadequate material and organizational support to the law upgrading process, despite the people’s expectations.