What is the law? Stages, types, principles of lawmaking

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2018-03-21 00:47:20

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Proven by the fact that man is a social being. That is, it cannot exist outside of society. After all, it is in contact with people like myself, and implements the activity. But in almost all times there was the problem of control and regulation of public relations. Because they differ in mass in nature, a large number of players interact, but also have other features depending on the social group in which social relations “live”. With the gradual evolution of humanity in General, this kind of interaction between people has also changed.

To date, public relations, in fact, are, in the usual livelihoods. With regard to their regulator, it has also been found in the process of trial and error. So today is the right. But the regulation of this category may not carry out directly. The law requires specialized formalized standards that will live specific social rules. The process of creating these standards has a lot of features and value for specific areas of jurisprudence as a whole. So in this article we will try to consider the law, notion and stages of this process, as well as other characterizing features.law-making the concept of stages and principles

Nature of rights

Before we look at law-making, stages, principles and varieties of this process, we need to understand what is right. We have previously pointed out that the right – it is not that other, as a regulator of social relations. But this is a rather dry perception of the legal industry as a whole. In the wider sense of the right – is a set of standards of behavior which are characterized by formal clarity warranty, universal validity, etc. It is thanks to the implementation of the provisions of these rules, the immediate coordination of relations in society. All activities implemented in order to achieve a regime of the rule of law, and to exclude the violation of any freedoms of citizens. In turn, the law-making, stages of which are presented in the article, is responsible for the creation of a sanctioned legal norms.law-making principles form the stage

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Signs of right

The fact that the right – it is primarily a legal category that determines the presence of a number of specific features. Thanks to them we can talk about the consistency and independence of this category from other regulators of social relations. Thus, the characteristic features of law include the following features, for example:

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

Obligatory nature of norms determines the operation of their provisions on all without an exception of citizens.

Intellectual-strong-willed character. in Other words, law as a social “product” expresses the will of society. It comes out through his intellectual work.

The State fully guarantees the exercise of the right. Example of this is the law-making, stages of which are presented in this article.

Right there in the form of a structured hierarchical system regulations.

All of the presented features indicate that right must exist in the official form, so that its primary function is the public regulation could be implemented. In turn, any normative acts do not appear from nowhere. Their creation is a collection of individual procedures, as mentioned earlier. Therefore, it is necessary to understand what law-making. Concept, stage, the principles of this process will be presented for a detailed analysis of all the activities.the concept of law-making principles, the types of stage

What is the law?

The legislation, principles, forms, stages which will be presented later in the article, is the object of many theoretical interpretation. This work of scientists has resulted in the emergence of the concept of law-making. According to its definition, is the process by which carried out special actions of a legal nature, aimed at the development, adoption and publication of the NPA. It is absolutely all, without exception, normative acts have special procedural design that speaks to their official character. Considering all the points, we can conclude that law-making – it is a system of specific actions resulting in the emergence of new rights norms or whole normative acts.

The Presented concept can also be seen in the narrow and broad sense, since the subject today is one of the most popular in the sphere of theory of state and law. It is from its quality will depend on the efficiency of further process of legal regulation in General.

Law in a narrow and broad sense

In the narrow sense of the term is an activity of the competent bodies to issue legalacts. In other words, the term is interpreted literally. A broad understanding has significant differences. Because it includes not only the process of adopting legislation, but also activities that preceded him. The effectiveness of the regulation of social relations depends not only on the quality of NPA but more on the level of legal culture, the mechanism of prevoiusly, etc. Thus, the lawmaking, the concept, principles, types, stages of which are presented in the article, a whole complex of actions, as while the direct edition of formalized rules of behavior, and up to this point.stages of lawmaking are

Principles of the law-making process

As with any process, legally binding, law-making is based on certain General principles. Thanks to them, the system of various actions can be implemented without any violations within the legal field. To date, the following well-known principles on the basis of which law-making is carried out, namely:

Democracy. This basic idea lies in the fact that in issuing regulatory acts should take into account the interests of all segments of the population. In other words, it may be advantage of someone's interests.

- Principle of legality is that the law-making activity is always, without any exception, carried out within the framework of relevant legal procedures.

- Quite a significant value plays The principle of professionalism. This means that the process should be carried out mainly by professionals in those areas of activity the regulation of which is organized according to the normative act. After all, without exception, all rules affect large social groups. So their “juvenile” can have a negative impact not only on relations in society, but also on the society.

- All regulations must meet The principle of timeliness. Thus, the regulation of social relations should be organized in the case, if in specific situation it is necessary.

The Principle of enforceability, in fact, provides the real action is all “products” of the lawmaking process. To do this, they must meet the legal, economic and other standards.

It Should be noted that the principles and stages of lawmaking rather strongly dependent on one another as the actual implementation of the process is always carried out only taking into account the above presented initial directions of this legal category. In addition, important functions of law-making, which will be discussed further.

Functions law-making process

The Functional part is presented in the paper category, gives the opportunity to see specific areas of its activities. In other words, it is possible to understand in detail what segments of the industry are regulated by the law. To date, scientists distinguish the following functions, namely:

- Updating the regulatory framework, that is, by means of law-making all the old norms of behavior be eliminated and create new ones, which are more suitable to meet modern trends.

- an Important, functional part of law-making is the filling of legal gaps, i.e. any social relations not regulated by legal norms, “overlap” the specific provisions of the PPA.

the law allows to bring into order the system of normative acts, by means of its sequencing and the creation of the hierarchy.

All of these functional areas is fully manifested in the stages of law-making. They, in turn, are specific "personification" of the activities of the authorities to establish a regulatory framework of the state.

Stage of law-making

As mentioned earlier, the whole legislative process consists of certain stages. The algorithm of their realization due to temporary factors and a specific sequence that should not be violated. There are following main stages of law-making, namely:

- preparation of draft PPA;

- the formal adoption of the PPA.

Some scholars also highlight the stage of development of the provisions of the act. However, its existence is highly controversial, because the actual development, as a rule, is realized in the stages of preparation. However, this theory has a right to exist, because its provisions are not meaningless.

Each stage

The Stages of lawmaking in the Russian Federation reflect the real process of creation of normative base of the state. In each stage of this process contains a number of separate steps. Thus, the first stage is performed by the following steps:

  • Making decisions about creating and draft the NPA.
  • The Formation of a team of specialists who will work on the creation of a normative act.
  • Preparation of text of a normative act.
  • Discussion of the draft NPA preliminary.
  • Direct coordination of the provisions of the PPA with organizations.
  • Adoption of the draft normative act.

The Main feature of the first phase is the fact that it can be done outside of the law-making body. As a rule, the preparation of the NPA falls on the shoulders of the scientific institutions of the state.law-making stage But in the law-making body does not always have the necessary number of specialists in the sphere of social relations, which will be governed by specific NPA. As for the second stage, her steps are always implemented in the legislative body. It consists of the following items:

  • Making statements about the draft normative act, which is to be adopted.
  • Discussion of the draft normative act of the authorized persons.
  • The Signing of the PPA after its immediate adoption.
  • Announcement on the adoption of the PPA in the official sources.

The Stage of law-making in Russia may differ depending on the kind of the process and the organ in which it occurs. Because different government agencies adopt different in its legal effect of NPA. This means that the procedure of their publication will also be different. Thus, considering all the above facts, it can be concluded that the stages of law-making are elements of certain stages of the process. They have their own specifics, if you look at them through the prism of the specificity of “body-publisher" of the legal force of the act and the legislation which regulates this process in the particular body.

It is also Worth noting the fact that the types and stages of law-making – rather interrelated concepts. Because of their specific features determine the direct impact on each other. In other words, the type of law-making will depend on the essence of its procedural implementation.

Types of law-making process

Previously we have indicated that the types and stages of law-making are interrelated concepts. However the second category have already been discussed above. Now let's try to clarify the classification of the lawmaking process. So, today, academic scholars, considering presented in the article the problems, allocate the following types of law-making, namely:

- direct law-making that is exercised by the people through referendum rather than elected bodies.law making and the concept of stage

- creation, which is exercised by bodies of state power in the course of their activities. An example of such activities are acts of the Russian Federation, the State Duma, the government, etc.

- creation, emanating from individual officials officials such as the President and the Ministers.

- law-making can be carried out by local authorities.

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

A Relative novelty in the regulatory policy of the Russian Federation is the law-making of public organizations such as trade unions. On the one hand, their ability to give their acts – is nonsense. As such freedom is contrary to the doctrine of any legal system. On the other hand, public organizations can be identified with the same institutions that give local acts within its competence.

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

1. The lawmaking. Stage of law-making and law-making in the classic version are very similar. In essence the latter category is a collection of stages in which the state creates laws – the first after the Constitution, the acts of higher legal force.stages of lawmaking and lawmaking

2. Delegated law-making is carried out, as a rule, the Executive bodies. They carry out orders of the Parliament to promptly solve any problems in the sphere of their jurisdiction.

3. A subordinate law-making is similar to delegated. However, in the first case we are talking about the system of regulations, which are below their legal force of laws. They are also taken in the sphere of activities of individual enforcement bodies and agencies.

It follows that the law-making concept, the stages, the principles of which were presented in the article, can realize different “dimensions” depending on the degree of importance of an adjustable totality of social relations. In addition, great importance is the body which carries out this process. Because the output is completely different in its legal effect regulations, as has already been mentioned earlier by the author.

Conclusion

So, in this article, we reviewed legislation, concept, types, stages of this process. In conclusion, it should be noted that to date this issue is still relevant in the scientific community. Her improvement leads people to new frontiers of regulation of social relations and society as a whole. In addition, through the study of law-making, as a process, we significantly developed the technique of creating unique and effective legislation.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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