MECHANISM FOR ENSURING THE LAWMAKING PROCESS AS A PROSPECTIVE RESEARCH DIRECTION IN THE THEORY OF LAW

Authors

  • Tatiana Anatolievna Zheldybina

Keywords:

law-making process, legal mechanisms, legislation, legislation system, legal theory

Abstract

The article provides a rationale for the significance of the appeal to the topic of the mechanism for ensuring the lawmaking process. The author argues for introducing into scientific circulation a new legal construction «a mechanism to ensure the lawmaking process».

The purpose of the study is to comprehensively analyze this mechanism as a promising legal phenomenon. For this purpose, historical, hermeneutical and comparative methods, formal legal and structural analysis methods, and problem-theoretical method of research are used.

It is shown that the legal construction introduced into scientific circulation has an important not only scientific but also practical importance and occupies a special place in the system of legal mechanisms, being the scientific basis for improving the legal system. Prospects for the development of this mechanism are associated with the ongoing socio-economic and political-legal changes, globalization processes, the convergence of national and supranational legislation. It is proved that the mechanism under consideration is an effective driving force allowing the legislator to make progressive changes in the law.

It is shown that the legal construction introduced into scientific circulation has an important not only scientific but also practical importance and occupies a special place in the system of legal mechanisms, being the scientific basis for improving the Russian legal system. Prospects for the development of this mechanism are associated with the ongoing socio-economic and political-legal changes, globalization processes, the convergence of national and supranational legislation. It is proved that the mechanism under consideration is an effective driving force allowing the legislator to make progressive changes in the law.

It is shown that the mechanism for ensuring the lawmaking process belongs to the doctrinal concepts of the theory of law. Its meaning is to adequately ensure the entire legislative process, guaranteeing this activity from the stage of developing a specific bill to its practical implementation and feasibility, directing the solution of legislative problems on the right track, influencing both legislative activity and regulating social relations.

The mechanism for ensuring the lawmaking process is a guarantor and assistant in the search for resources through which lawmaking and the lawmaking mechanism function.

The need to develop a specific legal mechanism as a guarantor of comprehensive support of the lawmaking process was noted.

 

Published

30.03.2019

How to Cite

Zheldybina . Т. А. (2019). MECHANISM FOR ENSURING THE LAWMAKING PROCESS AS A PROSPECTIVE RESEARCH DIRECTION IN THE THEORY OF LAW. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(55). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/274