The hypothesis of the study is the thesis that modern legislation regulating the issues of the public relations transport industry is internally unbalanced. As a result, the law enforcement practice that develops on its basis is accompanied by errors and omissions, which negatively affects the economic component of the state and the social sector. The current situation has predetermined the need to study classical models of systematization of legislation, as well as modern methods and techniques for unifying legal approaches to regulating transport relations. The purpose of the study is to determine the most acceptable, optimal for maintaining the integrity of the legal system and at the same time, a model for streamlining transport legislation that meets the challenges of the time. The objectives of the work are: an attempt to generalize and study scientific material on the systematization of legislation in general, as well as argumentation of the reasons and the need to streamline transport legislation; substantiation of the author’s vision of the most acceptable form of systematization of transport legislation. Using a set of general scientific and special legal methods of cognition, the position on the evolutionary development of approaches to the systematization of domestic normative legal material is argued: from the denial of incorporation to its modern positive perception. Using the formal legal approach, the substantive basis for using the means and techniques of systematization of legislation is established, the functional significance of streamlining transport legislation in increasing the effectiveness of the mechanism of legal regulation by taking into account specialization and differentiation in transport legal relations is proved. The author comes to the conclusion that the incorporation of transport legislation is the most acceptable form of systematization of regulatory material at the present stage, which can be implemented by publishing a Single set of transport legislation, with mandatory unification of principles and methods of legal regulation, reducing the variability of terminology, detailed study of the status characteristics of vehicles and the provisions of participants in these relations. The position is formulated that the systematization of transport legislation can become a prerequisite for subsequent universal systematization, possibly as the final product of which will be the publication of the Code of Laws of the Russian Federation. The ambitiousness of the idea is stated, which will require significant costs (both due to the involvement of the necessary number of relevant specialists, and due to an understanding of the required material and organizational resources), but its unconditional prospects and practical significance.
Building similarity graph...
Analyzing shared references across papers
Loading...
Artem Repyev
Journal of Russian Law
Russian University of Transport
Building similarity graph...
Analyzing shared references across papers
Loading...
Artem Repyev (Wed,) studied this question.
synapsesocial.com/papers/69cf5d1f5a333a821460ac47 — DOI: https://doi.org/10.61205/s160565900034840-8