Value dissonance in law and strategy improving the efficiency of legal regulation

The purpose of this work is to investigate legal strategies for overcoming value dissonance in legal regulation. The object of the research is the mechanisms of legal regulation and public administration. Subject - value dissonance as a factor that reduces the effectiveness of legal regulation and strategies to overcome it. The goal determined the use of general scientific methods (analysis, synthesis, induction, deduction, etc.), as well as methods of legal science (formal legal, comparative legal, historical and legal). The work analyzes the legal tools of two social reforms, the implementation of which had value contradictions. The first strategy for increasing efficiency is considered on the example of the legislation of the collectivization era of the 1930s. This strategy consisted of: 1) increasing obligations and prohibitions, primarily aimed at limiting alternative forms of production to the collective farm; 2) in establishing legal responsibility for previously (before collectivization) permissible acts, criminalizing the most harmful practices; 3) in strengthening control by the state over public life. The second legal strategy for overcoming value dissonance is discussed in the context of Russian legislation at the beginning of the 18th century. about mining activities. It consisted: 1) in the creation of incentives and the provision of benefits to entities engaged in innovative practice; 2) in expanding the application of permissions in the sphere of public life of interest. Findings. Legally established innovative patterns of behavior can be of low or even negative value in society. In this case, a value dissonance arises - a contradiction between the value system of society and the value attitudes transmitted by legislation. To overcome the negative influences of value dissonance, it is possible to use two strategies of legal regulation. The first is to push through discordant social practice by strengthening the imperative principles in legal regulation, the publication of law. The second strategy involves the expansion of the permissible type of legal regulation, the use of benefits and other incentives, which leads to an increase in the value of innovative forms of behavior in the public mind.

efficiency of legal regulation, defects in legal regulation, values in law, legal values, value dissonance, legal axiology