Legal expertise of regulatory acts in ensuring constitutional-legal communication
The subject of this article is the relationships arising within the system of public authority in connection with the functioning of its individual institutions, also covered by the concept of "constitutional-legal communication." The author proposes to examine the issues of constitutional-legal dialogue within the system of public authority using the example of normative activity, more specifically legislation. Constitutional-legal communication in the system of public authority is carried out using a variety of legal and political instruments, among which legal expertise of regulatory legal acts occupies a special place, representing a stable established legal practice aimed at determining the quality of adopted legal acts. The aim of the research is to describe the parameters of this instrument, to show what functions public authorities can perform by applying legal expertise, and to answer the question of how legal expertise can influence the effectiveness of constitutional-legal communication between public authority institutions. The methodological approach chosen for studying the stated topic is the communicative concept of law, according to which legal reality can be interpreted communicatively. The proposed approach allows for the consideration of familiar legal instruments in a communicative context, revealing the functional characteristics of legal expertise as a tool that ensures constitutional-legal dialogue and communication among legal subjects within the system of public authority. The study of the role of legal expertise in ensuring constitutional-legal communication led to the conclusion that legal expertise serves as a means for public authorities to fulfill various functions, including, in particular, the control (supervisory) function; jurisdictional function; qualifying function; blocking function; and advisory function. Furthermore, it was demonstrated how the practice of legal expertise acts as a way to prevent and resolve disputes arising within the system of public authorities, manifesting itself in four main aspects. 1. By applying legal expertise, subjects of constitutional-legal relations can reasonably express their own legal positions on contentious issues. 2. The tools of legal expertise allow for formulating proposals to overcome constitutional conflicts. 3. The formulation of contradictions occurring during legal expertise is a means of conflict prevention. 4. Legal monitoring and analysis of expert practices enable public authorities to identify and signal potentially conflict-generating areas in advance.
Authors
- Aleksandr Vladimirovich Bleshchik
Institutions
- Crimean State Engineering Pedagogical University (UA)
Publication Details
- Journal
- Юридические исследования
- Published
- 2025-12-01
- DOI
- https://doi.org/10.25136/2409-7136.2025.12.77452
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00