Open AccessThe modern law-making process: structure and main problems
Author(s) -
Mikhail B. Rumyantsev,
Vladislav Yu. Turanin,
Sergey Yu. Sumenkov,
М Г Смирнова,
Есита Эминовна Ганаева
Publication year - 2021
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.3969.37
Subject(s) - legislature , dialectic , legislation , law , norm (philosophy) , process (computing) , political science , legal norm , computer science , law and economics , sociology , epistemology , philosophy , operating system
Through the dialectical method the objective of the article was to analyze the process of the elaboration of modern laws, considering their structure and main problems. There is a major structure and problems inherent in the modern law-making process described in the article. The structure of law-making comprises four parts: 1. Cognitive-analytical part; 2. Theoretical foundations of the legal norms and acts they dictate; 3. Validation of legal act or norm; 4. Monitoring of relevant rules and legal acts. The main legislative task is to draft legal norms that stimulate the active development of all parts of the State and society through a deep perception of all related processes, including those involving standard-setting. It is concluded that the main factor affecting the quality of legislation is the lack of a uniform legislative basis for the issuance of legal acts. There seems to be a real need to develop a uniform legislative act on the law-making process. The Code containing general and specific parts of each law must be developed.