ANALYSIS OF THE EFFECTIVENESS OF LAWS AS A TOOL TO IMPROVE THE QUALITY OF LEGISLATION
DOI:
https://doi.org/10.52026/1994-408X_2020_62_4_142Keywords:
analysis of the effectiveness of legislation, legal monitoring, analysis of regulatory legal acts, government bodies, non-governmental organizations, objects and subjects of legal monitoring, scientific and methodological supportAbstract
The article is devoted to improving the quality of legislation by using the results of the analysis of the effectiveness of laws carried out by the republican state enterprise on the right of economic management "Institute of Legislation and Legal Information of the Republic of Kazakhstan".
The authors reveal the concept of legal monitoring as a special mechanism for increasing the efficiency of legal regulation of public relations, which is endowed with specific functions not only to assess the state of the legislation of the Republic of Kazakhstan and the practice of its implementation, but also to predict the dynamics of the development of legal phenomena. This will make it possible to take timely measures to prevent the negative impact of legal norms on public relations.
The authors emphasize the special importance of the results of legal monitoring, expressed both in the development of recommendations for improving legislation, its individual sectors, which determines the quality and efficiency of rule-making activities, and in conducting appropriate explanatory work, on which the state of law enforcement practice in Kazakhstan depends.
It is also noted that legal monitoring is constant, cyclical, since the analysis of legislative acts allows us to identify gaps, contradictions and conflicts and make proposals for adjusting legislation through the development of draft concepts and submission to the relevant interdepartmental commissions.
We believe that the results of legal monitoring act as a special auxiliary legal activity that ensures rule-making - that is, a process that begins with the emergence of a certain idea and the work itself aimed at preparing normative legal acts and other documents that are perfect in form and content, during the application of which are embodied in the modern reality of the rule of law, that is, abstract rules of behavior, not concretized to a specific case and subject.
Attention is drawn to the need to use the results of the analysis of the effectiveness of laws in the development of concepts of draft laws. It is concluded that it is advisable to further improve the mechanism of legal monitoring in the Republic of Kazakhstan and its correspondence with the process of developing draft legislative acts.