Хатунов С.Ю. Убийство в средневековой Англии

Аннотация: This article is devoted to actual problems of creation of national planning system in the Russian Federation. Special attention is paid to issues concerning legal groundwork for this process. A lot of attention in this paper is given to a theoretical problem of correlation between plans and rights as forms and methods of state activity. Results of the scientific discussion that concern this topic and can be traced in Russian legal literature of the Soviet period (since 1920s) were comprehensively considered. In the paper points of view on the given question by such authors as S.S. Alekseev, N.G. Aleksandrov, O.E. Kutafin, A.F. Nozdrachev, S.M. Bertsinsky, V.V. Laptev, A.V. Mitskevich, E.B. Pashukanis and others were introduced and considered. The author based his own position on the detailed analysis of the current Russian legislation regulating issues concerning results-oriented planning, as well as separate federal target programs presented as examples. The conclusion was made in the paper saying that planned documents (programs, projects) confirmed by public authority bodies are a version of legal acts. A planned norm not only fixes the purpose of authorities’ activity but also connects achievement of the given purpose with the certain period of time, as well as a complex of necessary measurements and resources. One of the main lacks of the current federal legislation regulating processes of planning is its fragmentariness and discrepancy. Recognition of the fact that there is a legal norm in a planned norm causes certain requirements to a definition of contents of a norm, use of legal terms and structures allowing to define precisely rights and a duties of subjects, as well as liability for nonperformance of a norm. A purpose that is being formulated should be concrete, measurable, achievable and it should meet other targetsetting requirements (so-called SMART-requirements). Taking into account that the given requirements are rarely observed, it is necessary to develop and define special rules of text legal drafting methodology of texts developing for planned documentation of different kinds.

Abstract: This article is devoted to actual problems of creation of national planning system in the Russian Federation. Special attention is paid to issues concerning legal groundwork for this process. A lot of attention in this paper is given to a theoretical problem of correlation between plans and rights as forms and methods of state activity. Results of the scientific discussion that concern this topic and can be traced in Russian legal literature of the Soviet period (since 1920s) were comprehensively considered. In the paper points of view on the given question by such authors as S.S. Alekseev, N.G. Aleksandrov, O.E. Kutafin, A.F. Nozdrachev, S.M. Bertsinsky, V.V. Laptev, A.V. Mitskevich, E.B. Pashukanis and others were introduced and considered. The author based his own position on the detailed analysis of the current Russian legislation regulating issues concerning results-oriented planning, as well as separate federal target programs presented as examples. The conclusion was made in the paper saying that planned documents (programs, projects) confirmed by public authority bodies are a version of legal acts. A planned norm not only fixes the purpose of authorities’ activity but also connects achievement of the given purpose with the certain period of time, as well as a complex of necessary measurements and resources. One of the main lacks of the current federal legislation regulating processes of planning is its fragmentariness and discrepancy. Recognition of the fact that there is a legal norm in a planned norm causes certain requirements to a definition of contents of a norm, use of legal terms and structures allowing to define precisely rights and a duties of subjects, as well as liability for nonperformance of a norm. A purpose that is being formulated should be concrete, measurable, achievable and it should meet other targetsetting requirements (so-called SMART-requirements). Taking into account that the given requirements are rarely observed, it is necessary to develop and define special rules of text legal drafting methodology of texts developing for planned documentation of different kinds.