Law-Making Activity as a Type of Legal Process

Abstract

The article studies the problem of understanding the essence of law-making as a kind of legal process. The current procedural legislation for the creation of norms of law is analyzed. Scientific research about the nature of lawmaking is studied and modern law-making activity is taken. The law-making process is researched on the basis of philosophical approaches (dialectical materialism, logical positivism, critical rationalism, etc.), general scientific (analysis and synthesis, generalization, system analysis, abstraction, etc.) and private methods (specifically sociological method, formal legal, a method of legal interpretation). As a result of using a set of scientific methods, a systematic knowledge of the essence of the legal process is obtained. The authors have updated the idea of the current law-making process. The essence of the law-making process is defined through the system of its main features, which give it a qualitative certainty. Legislative activity, considered as a kind of the legal process, is presented as a procedural, legal, staged activity of subjects specified in regulatory legal acts aimed at creating, amending, supplementing and repealing the operation of the rules of law. The study of this problem is conducted to establish a unified approach to the definition of law-making, an indication of its procedural nature and the improvement of legislation regulating the creation of norms of law. As a result of the conducted analysis it is established that the process of law-making activity is complicated due to a large number of normative legal acts. This circumstance makes it necessary to systematize the procedural legal regulations that establish the procedure for preparing, submitting, reviewing, accepting, publishing, amending, repealing, systematizing, interpreting all normative legal acts, rules of law-making technology, etc.