Экономический анализ права в российской науке и практике

Закон. 2014. № 12. С. 44–53.

Oleynik O.

Article is devoted to destiny of the economic analysis of the right in system of the Russian jurisprudence. In it the positive and negative positions of the Russian scientists created concerning the economic analysis of the right are noted. In article it is shown that the economic analysis of the right gives the methodological tools allowing:

— to rationalize the existing legal constructions, i.e. to decide on the values which are their cornerstone (protected by the right interests), and also to understand the reasons of emergence and mission of concrete norms;

— to modify legal regulation when it doesn't achieve the objectives facing it;

— to predict impact of potential norm on behavior of subjects to which it will be addressed;

— to coordinate interpretation of the existing norms with the real public relations which are their cornerstone.

Keywords: экономический анализ права, law and economics