The use of quantitative indicators in monitoring of legal acts (on the example of forest law)

Abstract

Relevance of the article is related to three factors. Firstly, in various areas of legal science was the accumulation of a large number of legal acts that require comprehensive study. This process is a complicated procedure and can be resolved through the use of monitoring that allows to make systematization, processing and critical review of the existing legal array. Secondly, there is a need to protect forests from illegal logs, thefts and fires, which require improving the efficiency of current legislation of Ukraine. Third, there is no legislation, which set rules and procedures for monitoring of legislation and enforcement practice Ukraine, in contrast to the Russian Federation.

Problems of monitoring began to study in the late 70s of last century, continued in the mid-80s in Australia, the UK, Netherlands and Germany.

As the quantitative characteristics of legal acts used: the total amount of marks åх_і, the number of articles N, the average number of marks in article for each document , the standard deviation – σ, and such statistical indicators as the coefficient of variation - с_v and coefficient of  asymmetry –  с_s. The initial data were the series consisting of the values of sums of characters that were in each article of legal act. Thus was created an array of numerical values of sums marks in each of the laws under which their calculations were performed quantitative indicators.

The process of monitoring was divided into four stages. First, a general analysis of the structure of legal acts; secondly, the definition of quantitative characteristics; thirdly, calculations of statistical indicators that give an idea of the distribution of material inside acts; fourth, practical application of the methodology for comparative analysis of quantitative indicators of acts adopted in Ukraine, Russia and Poland.

Analysis of the structure of legal acts shows the presence of different approaches to the formation of the legislator in hierarchical structure. Thus, the Law «On forests in UNR» 1919 has a two-level building that consists of three sections and 23 articles.

Settlement of amounts marks of each document gives an idea of the volume of material that is in them. Thus, the number of codified acts that were acting on the territory of Ukraine, the largest number of marks – 95998 is in Forest Code 2006 year, and the least - the Law «On forests UNR» 1919 year – 5640 characters.

The work carried out calculations of statistical indicators of legal acts. At the final stage of the proposed methodology was made the comparative analysis of codified acts adopted in Russia, Ukraine and Poland.