## Proof of the inevitability of mistakes in legislationThe theory of mistakes is the branch of mathematic statistics upon
the basis of which the methodology of the exposure and evaluation of
errors (mistakes) developed. As a completely developed, strong mathematic
apparatus, it has inter-disciplinary significance and may be
applied to any conceptual apparatus and in any field: in physics, chemistry,
biology, sociology, history and also in law. In the theory of complex systems it is proved that any complex system
(a system consisting of a large number of complex, interlinking
elements with complex and diverse links) will definitely contain one or
more mistakes. In addition, knowing the approximate complexity of
the system and probability of mistakes, it is possible to calculate their
number with sufficient precision. This rule is used particularly often in information technology and
its branch, i.e. programming, where it is well-known that any complex
program will necessarily contain a mistake(s). An example of this could
be the Windows 95 program, which, despite being issued by the huge
corporation Microsoft, still contains a large number of errors, which can
be discovered by almost any competent user. The presence of mistakes
in this program is normal, as the capacity of the hard disk is 80 MB,
which is equal to 640,000,000,000 elementary bytes. Some of the indicators of a complex system are the complexity of the
conceptual apparatus and the complexity of relationships between concepts.
For example, in the binary code there are two concepts in total:
zero and one. There are also two relationships: addition and negation.
At the same time, in mathematical analysis, the concept of the variable
is even harder to define, and so is the complex relations of the integral
and factorial. In legislation the notions themselves are rather complex
(for example, gangsterism or contraband), and the same can be said of
the logical relations of inclusion, exclusion, complex equality etc. It is
therefore necessary to note the immensely large number of concepts,
used in law and the very large number of different types of interlinks
between the most varied norms, both within laws as well as between
them. Consequently it is possible to state with confidence that from the
point of view of mathematical statistics law is a complex system. Thus, knowing that: It thus follows that in many laws high in content and complexity,
the presence of mistakes is highly probable.
Following on from the theory of complex systems, it is possible to
reveal the following norm:
Accordingly, complexity is directly proportional to: It is also well-known that the more «worn in» the law, the more
thought through, the more times it has been examined and debated,
then the less mistakes it will contain, i.e. Equally the application of the law affects its «worn-in-ness». It is
obvious that the law on theft, applied by courts quite often, is better
thought through than, for example, the law on changes of citizenship,
which is applied extremely rarely. From this formula it is possible to conclude that there are more
mistakes in laws which: The chapters of the Civil Code of the Russian Federation which deal
with money, securities, banking operations and entrusted administration
can be described using all of the above-listed properties. And although we are obliged to observe laws (even if they contain
mistakes), it should not follow that they are regarded as a dogma. It is
necessary to facilitate the removal of contradictions in the legislation
when they are revealed. |

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