Suchergebnisse

в данной статье исследуется механизм законотворческого процесса через правовой институт законотворчества. Целью статьи является определение элементов законотворчества ; которые одновременно являются факторами воздействия на законотворческий процесс. Сформулированы основные компоненты законотворчества ; вводится определение в единстве понимания законодательного процесса. Предложены раскрытие структуры элементов ; обеспечивающих комплекс законодательных процедур ; in this article the author investigates the mechanism of the law-making process through the legal institution of law-making. The aim of the article is to identify the elements of law-making which are simultaneously the factors of influence on the law-making process. Basic components of the law-making are formulated ; the definition in the unity of the law-making process understanding is introduced. Disclosed elements of the structure are proposed ; providing complex of legislative procedures

Getting the public to participate in the government's policy reflects a sense of control in democracy. However, constructing a mechanism of participation in legal provisions could be dilemma. It is important to realize that involving citizen in local government decision making particularly in law-making process has a fundamental difficulties; the essence of participation itself (openness and transparency) and the need to be efficient. This essay formulated an effective mechanism of public participation by juxtaposing steps in the local legislative process with the criteria of efficiency. This discussion is trying to encompass citizen participation from the initiation of a policy until it is enacted as a local legislation. Then in the next step, it will assess the elements that constitute an efficient drafting process. This article will consider such factors that are; financial cost; human resources or effort; wasted time; risk of failure; progress. The hypothesis is that not all of the means of public participation are efficient. The ideal notion of public participation put weighs on Local Authorities. What is needed to be underlined in this discussion is, to maximize the advantage of citizen involvement, it is important to look at the sequence where it should be held and what is the content. Moreover, the process of public participation should reflects principles namely: discovery, education, measurement, persuasion and legitimization.

Purpose: There is a problem of legal act choice during the law-making process considered in the paper. A method for step-by-step choice algorithm is advanced. The algorithm is associated with public relationship assessment. The public relationships to be regulated must have a certain social value. Methodology: The method for step-by-step choice is developed based on the public relationship assessment method extracted from law books. Despite existing in law books the criteria for public regulation needs, the method for act choice itself was not elaborated. The new methodological tools to create driving law-making researches are introduced. Result: The law-making solutions must appear from objective public relationships needs to change which are stem from the political, economic and social conditions considered. Law-making solution projects should be legally examined as well as drawn up through public discussion which can help to find optimal alternative of the solution. The problem of interrelation between harmonization and uniformization on different legal regulation levels is also marked. Self-Regulation in private law branch is represented to be maximally developed because the higher self-regulation the fewer laws, orders, regulations, and instructions to be adopted. All legal act choices should promote self-regulation as much as possible. This could reduce law-enforcement authorities' load. Legal act choice is a weak scientific field in which much is to be done. Applications: This research can be used for the universities, teachers and education students. Novelty/Originality: In this research, the model choice of the legal act during law-making PROCESS is presented in a comprehensive and complete manner.

Tlirough the dialectical method the objective of the articlewas to analyze the process of the elaboration of modern laws, considering their structure and main problems. There is a major stracture and problems inherent in the modern law-making process described in the article

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.