Improving the lawmaking activities of executive authorities

N.S. Akhmetova, A. I. Birmanova
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Abstract

Lawmaking is the most important function of the executive authorities, through which their activity is manifested, aimed at the qualitative development of Kazakh society and the performance of all other functions of the state. The article examines the features of subordinate lawmaking, which are due to the multiplicity of the system of executive authorities. It is noted that the nature of subordination relations between them also affects the legal nature of the legal acts issued by them and the requirements imposed on them. The main goal of improving subordinate lawmaking is the creation and functioning of a unified, internally consistent, consistent system of legal norms. The main content of the article is to disclose the content of the concept of “legal monitoring” in relation to the law-making of executive authorities of different levels. The legal regulation of one of its most important tools, the analysis of regulatory impact, is critically investigated. The authors propose to introduce into the law-making terminology the categories “legal requirements for management acts” and “subjects of law formation” as components of the lawmaking process of executive authorities. This may become a new stage in the study of lawmaking processes, and also contributes to the emergence of new approaches to the study of the phenomenon of law education. The novelty of these approaches is due to the emergence of new regulatory instruments in the practice of domestic legal education that meet the needs of the lawmaking mechanism of modern Kazakhstan. This will allow us to reach a new level of lawmaking support for state policy, increase the level of legal culture and, in general, the rule of law.
改进行政当局的立法活动
立法是行政机关最重要的职能,通过立法体现行政机关的活动,旨在实现哈萨克社会的高质量发展和履行国家的所有其他职能。文章探讨了隶属关系立法的特点,这是由行政机关系统的多重性造成的。文章指出,行政机关之间隶属关系的性质也影响到行政机关所颁布法律行为的法律性质和对其提出的要求。完善隶属法律制定的主要目标是建立和运行一个统一的、内在一致的、连贯的法律规范体系。本文的主要内容是揭示 "法律监督 "这一概念在各级行政机关法律制定中的内涵。对其最重要的工具之一--监管影响分析--的法律监管进行了批判性研究。作者建议在法律制定术语中引入 "管理行为的法律要求 "和 "法律制定主体 "这两个类别,作为行政机关法律制定过程的组成部分。这可能会成为研究法律制定过程的一个新阶段,也有助于出现研究法律教育现象的新方法。这些方法之所以新颖,是因为在国内法律教育实践中出现了符合现代哈萨克斯坦法律制定机制需要的新规范手段。这将使我们对国家政策的立法支持达到一个新的水平,提高法律文化水平,并在总体上实现法治。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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