What is law-making? Stages, types, principles of lawmaking

It has long been proven that a person is a social being. That is, he can not exist outside of society. After all, it is in him that a person contacts with his fellow men and realizes this or that activity. But practically at all times there was a problem of control and regulation of public relations. Because they differ in mass character, a large number of subjects of interaction, and also have other characteristics, depending on the social group in which social relations "live." With the gradual evolution of mankind as a whole, this kind of interaction between people has also undergone changes.

To date, social relations, in fact, are, the usual life activity. As for their regulator, it was also found in trial and error. So today is the right. But this category can not be implemented directly. The right for this requires special formalized norms in which specific social rules will live. The process of creating these norms has a mass of characteristic features and a specific significance for the sphere of jurisprudence in general. Therefore, in this article we will try to consider law-making, the concept and stages of this process, as well as other characteristics that characterize it.

The essence of law

Before considering law-making, the stages, principles and varieties of this process, it is necessary to understand what the law in general is. Earlier we have already pointed out that law is nothing but a regulator of social relations. But this is a fairly dry perception of the legal industry as a whole. In the broadest sense, law is a set of norms of behavior that are characterized by formal certainty, assurance, universally binding, etc. It is thanks to the implementation of the provisions of these norms that direct coordination of relations in society takes place. All the activities presented are implemented in order to achieve the rule of law and the rule of law, as well as to exclude the violation of any freedoms of citizens. In turn, law-making, the stages of which will be presented in the article, is responsible for creating authorized legal norms.

Characteristics of the category of law

The fact that law is primarily a legal category, determines the presence of a number of specific features. It is thanks to them that one can speak of the systemic nature and independence of this category from other regulators of social relations. Thus, the following features can be attributed to the characteristic features of law , for example:

- Normativity . That is, the law exists in the provisions of regulatory legal acts. Their existence allows scientists to study law-making, the stages and features of this process.

- The compulsory nature of the norms stipulates the activity of their provisions absolutely on all citizens without exception.

- Intellectually strong-willed character. In other words, law as a social "product" expresses the will of society. And it appears through his intellectual work.

- The state fully guarantees the execution of the law. An example of this is law-making, the stages of which are presented in this article.

- The law exists in the form of a structured hierarchical system of normative acts.

All the features presented show that the law should exist in an official form, so that its main function - public regulation - could be realized. In turn, any normative acts do not appear out of nowhere. Their creation is a set of separate procedures, as already mentioned earlier. Therefore, it is necessary to understand what is law-making. The concept, stages, principles of this process will be presented for the purpose of a detailed analysis of all activities.

What is law-making?

Lawmaking, principles, forms, the stages of which will be presented later in the article, is the object of many theoretical interpretations. This work of scientists entailed the emergence of the concept of law-making. According to its definition, this is a process through which special legal actions are carried out aimed at the development, adoption and publication of NAP. At the same time, all normative acts, without exception, have a special procedural design, which indicates their official nature. Taking into account all the points presented, it can be concluded that law-making is a system of concrete actions, the consequence of which is the emergence of new norms of law or whole normative acts.

The presented concept can also be considered in a narrow and broad sense, since this problem is today one of the most popular in the field of state and law theory. After all, the effectiveness of the further process of legal regulation as a whole will depend on its quality.

Lawmaking in a narrow and broad sense

In the narrow sense, the term is the activity of the competent bodies for the issuance of regulatory legal acts. In other words, the term is interpreted in the literal sense. Wide understanding has significant differences. Because it includes not only the process of adoption of normative acts, but also the activities that preceded it. After all, the effectiveness of the regulation of social relations depends not only on the quality of the NAP, but also on the level of legal culture, the mechanism of legalization, etc. Thus, the lawmaking, concept, principles, types, stages of which are presented in the article, is a whole complex of actions both in Time for the immediate publication of formalized rules of conduct, and up to this point.

Principles of the law-making process

Like any process that has a legal nature, law-making is based on certain general principles. Thanks to them, this system of various actions can be implemented without any violations within the legal field. To date, the following principles are known, on the basis of which law-making is carried out, namely:

- Democracy . This basic idea is that when issuing normative acts, the interests of absolutely all segments of the population should be taken into account. In other words, the advantage of someone's interests can not arise.

- The principle of legality lies in the fact that law-making activity is always, without any exceptions, carried out within the framework of the relevant legal procedure.

- The principle of professionalism plays a rather important role. This means that the process should be carried out primarily by professionals in those areas of life, regulation of which is organized by this normative act. After all, without exception, norms affect large social groups. Therefore, their "underdevelopment" can have a negative impact not only on relations in society, but also on the society itself.

- All normative acts must meet the principle of timeliness . Thus, it is necessary to organize the regulation of social relations in the event that it is necessary in a concrete situation.

- The principle of fulfillment , in fact, ensures the real action of all the "products" of the process of law-making. To do this, they must meet legal, economic and other standards.

It should be noted that the principles and stages of law-making are highly dependent on each other, since the direct implementation of the process is always carried out only taking into account the above-presented initial directions of this legal category. In addition, a significant role is played by the functions of law-making, which will be discussed later.

Functions of the law-making process

The functional part of the category presented in the article makes it possible to see the specific directions of its activities. In other words, it is possible to understand in detail which segments of this industry are regulated by lawmaking. To date, scientists have identified a number of the following functions, namely:

- Updating the regulatory framework, that is, through law-making, all obsolete norms of behavior are eliminated, and new ones are created which are more appropriate in the light of current trends.

- An important functional part of lawmaking is the filling of legal gaps, that is, any social relations that are not regulated by legal norms are "overlapped" by the provisions of specific NAPs.

- Lawmaking makes it possible to bring the system of normative acts in order, by streamlining it and creating hierarchy.

All these functional directions are fully manifested in the stages of lawmaking. They, in turn, are a concrete "personification" of the activities of government bodies, to create a regulatory framework for the state.

Stages of law-making

As it was mentioned earlier, the entire process of law-making consists of certain stages. The algorithm for their implementation is conditioned by temporal factors, and also by a certain sequence, which should not be violated. There are the following main stages of lawmaking, namely:

- preparation of the draft NAP;

- official acceptance of the NAP.

Some scientists also highlight the stage in the development of the provisions of the normative act. However, its existence is an extremely controversial issue, because actual development, as a rule, is realized at the stages of the preparation stage. Nevertheless, this theory has the right to exist, because its provisions are not meaningless.

Features of each stage

The stages of lawmaking in the Russian Federation reflect the real process of creating the regulatory framework of the state. Each step of this process contains a number of separate steps. Thus, the first stage is carried out through the following steps, namely:

• Decision-making on the creation and preparation of the draft NAP.
• Formation of a group of specialists who will work to create a normative act.
• Preparation of the text of the normative act.
• Discussion of the draft of the preliminary draft.
• Direct coordination of the provisions of the NAP with organizations.
• Approval of the draft regulatory act.

The main feature of the first stage is the fact that it can be carried out outside the walls of the law-making body. As a rule, the preparation of NAP falls on the shoulders of scientific institutions of the state. But in the law-making body, there is not always the right amount of specialists in the sphere of public relations, which will be regulated by a specific NAP. As for the second stage, its steps are always implemented in the law-making body. It consists of the following items:

• Submission of statements on the draft regulatory act, which is subject to adoption.
• Discussion of draft normative act by authorized persons.
• The signing of the IPA after its immediate adoption.
• Announcement of acceptance of NAP in official sources.

The stages of lawmaking in the Russian Federation may differ depending on the type of this process and the body in which it is carried out. After all, different government agencies take different in their legal force of the NPA. This means that the procedure for their publication will also vary. Thus, considering all the above facts, we can conclude that the stages of lawmaking are, the elements of certain stages of this process. At the same time, they have their own specifics, if we look at them through the prism of the specifics of the "publisher body", the legal force of the act and the legislation that regulates this process in a particular body.

It should also be noted that the types and stages of law-making are rather interconnected concepts. Since their specific features cause a direct influence on each other. In other words, the essence of its procedural implementation will depend on the type of law-making.

Types of law-making process

Earlier we have already pointed out that the types and stages of lawmaking are interrelated concepts. However, the second category has already been considered above. Now let us try to clarify the essence of the classification of the process of law-making. So, to date, scientists, theorists, considering the problems presented in the article, singled out a number of the following types of law-making, namely:

- Lawmaking is direct, that is, carried out by the people, through a referendum, and not elective bodies.

- Lawmaking, which is carried out by public authorities in the course of its activities. Examples of such activities are the acts of the Russian Federation, the State Duma, the government, and so on.

- Lawmaking, emanating from individual state officials, such as the president and ministers.

- Lawmaking can be carried out by local governments.

- Some institutions and organizations have the authority to issue local regulations, within their competence.

A relative novel in the normative polis of the Russian Federation is the law-making of public organizations, such as trade unions. On the one hand, their ability to issue their acts is nonsense. Since such liberties run counter to the doctrine of any legal system. On the other hand, public organizations can be identified with the same institutions that issue local acts within their competence.

There is also an example of another classification of types of law-making process. For example, all species can be divided among themselves on the basis of significance for society and the state. Thus, the following types are distinguished, for example:

1. Lawmaking. The stages of law-making and law-making in the classical version are very similar to each other. In its essence, the latter category is a set of stages, with the help of which laws are created in the state - the first acts of higher legal force, following the Constitution.

2. Delegated law-making is carried out, as a rule, by executive bodies. They carry out orders from the parliament to promptly resolve any problems in their area of responsibility.

3. Subordinate law-making is similar to the delegated one. However, in the first case we are talking about a system of normative acts, which are lower in their legal force of laws. They are also adopted in the sphere of activity of individual executive bodies and departments.

It follows that the lawmaking, the concept, the stages, the principles of which were presented in the article, can be implemented in different "dimensions" depending on the degree of importance of the regulated set of social relations. In addition, great importance is played by the body that carries out this process. After all, the output is completely different in terms of its legal force normative acts, which has already been mentioned earlier by the author of the article.

Conclusion

So, in the article we have considered law-making, concept, types, stages of this process. In conclusion, it should be noted that to date, this problem is still relevant in the scientific environment. Since its improvement leads people to new lines of regulation of social relations and society as a whole. In addition, due to the study of lawmaking as a process, we are substantially developing the technique of creating unique and effective legislative acts.