Socialinių technologijų konceptualių modelių pritaikymo administracinėje teisėje paieška

Abstract

The author of the article foresees a problematic situation in Lithuania, just as in other countries, in the field of preparing social programs, strategic documents, and legal norms that do not always resemble various complex usage of achievements in the field of social studies. In that sense author derives two main problems in application of social technologies.
Ist problem. There is certain dysfunctional social legal production that enters the sphere of practical governing of the state, and which is detrimental economically, legally and sociably. Such practice ignores provisions of objectivation process of administrative law by so implementing routine social technologies – social process influence methods, that are less susceptible to science, neglect prior provisions of social influence, do not motivate members of the society to strive for changes in social system. Therefore, in practice of social governing of various fields of state power implementation certain management crises occur. Products derived from a routine production and implementation, that are usually populist, are in the end rejected by a human and the society.
2nd problem. In author’s opinion the law does not contain sufficient attention in respect of the creation of social technologies. There is no beginning of the beginning: the law does not analyse the definition of the social technologies, the questions of social technologies’ classification and implementation of practical importance are not discussed either. The article is comprised of two parts. The first part includes the description of social technologies’ definition and its implication into legal science and legal practice. It is assumed that the process of legal technologization has the limits of its own expression and usage, it may be rou- tine like and utopian in the amplitude of its practical application, it may be expressed by outside effects, its impact on social legal matrix may be unrehearsed, it may be even expressed by destructive power. Extensive regulatory approach towards legal social technology which is currently prevailing is routine like and requires undertaking the search for more intensive measures of legal regulation. It is assumed that throughout the entrance into intensive legal regulation it is purposeful to use the opportunities of economic, managerial and other social regulators, implicating them into the legal system and adjusting them to the necessary legal form. The second part analyses the model of implicated social legal social technologies. Despite the different approach to social technologies in law throughout the country certain technologization practice is implemented: social legal programmes and measures are implemented on national, ministerial, departmental, regional and municipal level. However they do not rely on the opportunities created by social technologies enough, eliminating, neutralizing and compensating for the arising social dysfunctions and social disorganization, disadaptation. At the end of the article the author presents the conclusions of how much and how the social technologies may influence the approach of legal science and practice.