RIGHT RATIO (THE OPTIMUM LAW) AND EFFECTIVE PROCEDURAL ACTIVITY OF COURT
( Pp. 153-156)

This article is devoted to a correlation of law (the optimum statute) and effective remedial activity of court. There are considered the requirements to which should be correspond each standard legal act accepted by a legislature, forms of efficiency of legal acts through a prism law application activity of court. In particular it is noticed that each normative legal act accepted in republic, should correspond to the Constitutional Law «About normative legal acts» from December, 21st of 2010 year. The Constitutional Law also it is offered that discretionary powers in the normative legal act, giving the chance to operate to the official at decision-making under its own discretion, cannot autocratically be carried out. Non-determination terms of decision-making or uncertainty of the given term, uncertainty of conditions and substantiations of acceptance of this or that decision, duplication of powers of state structures as a result of extensiveness of discretionary powers in the normative legal act is not supposed. A research objective is consideration of two forms of efficiency of the normative legal acts. The first form − when normative legal acts directly influences public relations regulated by it; the second − mediated by activity of the subjects applying the standard legal certificate, for example, regulation by the law of public relations by application of the law, the decree or other standard legal certificate the judge, the inspector, the investigator, the public prosecutor. As a result of research the author comes to a conclusion that the efficient (optimum) normative legal acts without activity of the practical worker is effectively applied if it is voluntary executed or preventive impact on citizens. Normative legal acts and the subjects who are carrying out their application, in this case we mean judges, represent uniform complete system in which each of making it can strengthen, or weaken the action of another directed on achievement of the purposes of the normative legal acts. In hands immoral or ignorant judge the activity of law-creating body, embodied in the accepted concrete act, can be brought to nothing.

Shakhbanova A.I., (2013), RIGHT RATIO (THE OPTIMUM LAW) AND EFFECTIVE PROCEDURAL ACTIVITY OF COURT. Business in Law, 6 => 153-156.

Konstitutsionnyy Zakon Azerbaydzhanskoy Respubliki O normativnykh pravovykh aktakh ot 21 dekabrya 2010-go goda.
Ukaz Prezidenta Azerbaydzhanskoy Respubliki O primenenii Konstitutsionnogo Zakona Azerbaydzhanskoy Respubliki O normativnykh pravovykh aktakh ot 16 fevralya 2011-go goda za № 384.
SHikin E.P. Faktory, opredelyayushchie effektivnost norm prava // Sovetskoe gosudarstvo i pravo, 1973, № 5, s.104-107.
Koni A.F. Iz vospominaniy i zametok sud i. SPb., 1905, 100 s.
Alekseev S.S. Teoriya gosudarstva i prava. M.: Norma-Infra, 1995, 149 s.
Petrukhin I.L, Baturov G.P., Morshchakova T.G. Teoreticheskie osnovy effektivnosti pravosudiya. M.: Nauka, 1979, 392 s.

Constitutional Law, regulatory legal act, the effectiveness of the rule of law, discretion, the judge.