Lawmaking process: the concept and stages

Lawmaking is one of the main directions of state activity. Currently, in his understanding, there are two aspects. Under the law-making in the narrow sense of the word is understood the process of the creation by the competent bodies of legal norms. The same concept in broad interpretation includes a number of stages, from the lawmaking concept to the implementation of a certain legal norm in practice. In other words, it includes the processes of preparing, accepting, publishing documents, etc.

The subjects of the law-making process are persons and bodies authorized to create, change, suspend, abolish legal norms, and also to deprive them of their legal force. They are state bodies, the state as a whole, courts, officials, local self-government bodies, people, labor collectives, etc.

The definitions of R. Lukic and A.S. Pigolkin

Lawmaking, according to the traditional point of view, is the activity of the state, which is aimed at the formation of legal norms. At the same time R. Lukich defines it as a complex process, which consists of operations that are one or another kind of mental activity of a person. Each of them is performed by different methods and methods. In this case, the concept of the law-making process is viewed as a kind of activity of the human mind, not formalized legally. After all, it is directed, one way or another, to the creation of certain legal laws.

The law-making process, according to the definition of A.S. Pigolkin, is the order of the implementation of actions (legally significant) for the preparation, subsequent adoption and publication of a regulatory act. These actions are legally mediated, procedurally formalized.

Principles of the law-making process

We list the main principles of this process.

1. Lawmaking is characterized by democracy. In other words, it must identify the interests and will of the people, and then consolidate them in the norms of law.
2. Another important principle is legality. It presupposes compliance with the competence, as well as the procedure for the adoption of various legal acts.
3. The law-making process is characterized by its ability to perform. This means that organizational, financial, personnel and legal conditions that will allow the implementation of the adopted legal acts should be taken into account.
4. Science is another inalienable principle of law-making. It presupposes the validity of acts, as well as consideration of sociological data, doctrines, and the forecast of consequences.
5. Lawmaking should be characterized by professionalism. This principle presupposes the competence, legal and general literacy of those who are subjects of lawmaking.
6. Finally, planning is necessary. This means that there should be a clear distribution of the stages, time and subject matter of the required work.

Law education and law-making

The regulatory act in the Russian Federation is the main source of law. This is an act of state bodies, which contains certain legal norms.

The law-making process is an integral part of the legal education. The latter is understood as a long-term formation of the legal norm. Legal education begins by analyzing a specific social situation. The need for its settlement through the law is recognized. This process ends with the development of a legal norm and its adoption. Lawmaking is the last stage. Despite the existing differences in the definition of this term, it can be said with certainty that the activities for the creation, processing and publication of normative acts are always carried out by the authorized bodies. Lawmaking is one of the main elements of regulating public relations at the state and regional levels.

Components of lawmaking

The process that interests us consists of two parts. To the first of them, scientists consider organizational issues that do not relate to legally significant actions. Examples include the following: preparation of a draft of a normative act, its subsequent discussion in the relevant public or state organization, etc. The second part of the law-making process is based on legal principles. The decision to prepare a draft of a normative act is the point of reference.

Both these parts are closely linked, forming a law-making process. They represent in the general context a holistic procedure related to the preparation, discussion, adoption and, finally, the publication of the relevant document. The law-making process has two main stages. Let's briefly review each of them.

Stages of law-making

The first of the stages of the law-making process presupposes a preliminary determination of the will of the state when creating a draft normative act. At this stage, all actions are of a preparatory nature. They do not give rise to legal consequences. The second of the stages of the law-making process is the official consolidation of the will of the state in the relevant norms of law. So the project of the normative act turns into a legal act, which is universally binding. Within these stages, there are various kinds of operations to create normative acts. Their specificity depends on the law-making hierarchy and the legal significance of the latter.

Let's consider this issue in more detail. Any process, including lawmaking, takes place in some form or another and can be broken down into stages / stages. Formation of the legal system is a long process. It occurs progressively, that is, by creating specific normative acts. It is the normative act that is the direct result and the final link in the law-making process. Consequently, the law-making process can be defined as the order of successive operations that lead to the emergence of a new element of the legal system. This is precisely its specificity.

It would be logical to conclude from the above that organizational actions that facilitate direct work on a normative act do not need to be included in the law-making legal process. In particular, it does not include activities to analyze, take into account and summarize proposals for improving legislation, various organizational measures aimed at improving the activities of the bodies, etc.

Concept of the stage of the law-making process

Despite the different features and types of law-making process, which scientists say, it is possible to single out general principles and stages in it. We define the very concept of "the stage of the law-making process." This is an independent stage of procedures aimed at building the will of the state; A complex of closely interrelated actions (organizationally separate) aimed at creating a normative act.

Each stage of law-making activity is a stage in the process, the purpose of which is the preparation of a normative act, giving it official meaning. The number of stages is determined in different ways. Some scientists talk about the following: legislative initiative, discussion of the relevant bill, its subsequent adoption and publication.

Legislative Initiative

The introduction of a legislative proposal or a bill is connected with the exercise of the right of legislative initiative. It should be noted that the range of subjects with this right is broad in some states, while in others it is very narrow. For example, in the United States only parliamentarians have it, if you do not take into account the fact that the president is making a draft budget. In other countries, also democratically developed, the government makes the majority of bills. At the same time, parliamentarians can play a significant role, especially their groups.

In our country, the legislative initiative is recognized as the most important function of the government. The latter transfers all responsibility to parliament. The current Constitution of the Russian Federation has deprived the Prosecutor General, as well as heads of bodies of public organizations of the right of legislative initiative. In this case, each deputy individually, this right is preserved. Many of them actively used it. This led to the fact that the Russian parliament received many deputy projects. Really important people just drowned in this pile.

Discussion of the bill

Considering lawmaking (law-making process), we move on to its stage, such as the discussion of the draft law. It is carried out both in commissions (standing committees) and in plenary sessions of various chambers of parliament. Usually in the plenary sessions the discussion of the bill passes in three stages, called readings. During the first reading, the solution of fundamentally important issues is: 1) the need for this law; 2) the ability of the concept (the general idea) proposed in it to become the basis for its discussion and subsequent adoption.

In the event that the Chamber takes a negative decision on at least one of these issues, the bill in question is withdrawn from the subsequent discussion. If the decision is positive for each of them, it is adopted in the first reading, and then transferred to the profile commission (committee) for further development.

In the second reading, the bill is discussed more thoroughly, in essence. At this stage, each of his articles and parts is examined in detail, amendments are introduced and discussed. After its approval in the second reading, the bill is again submitted to the commission (committee) for editorial revision. Then, in the third reading, it is discussed in general. At the same time, new amendments are not allowed, except for editorial ones. However, this does not mean that this bill can not be rejected at the third reading. According to the results of the vote, the leaders of the factions of the Chamber can make statements about this.

Adoption of the law

It is also included in the process of lawmaking. Acceptance is carried out by voting, which can be carried out either as a whole under the bill, or first by chapters and articles, and then as a whole. Voting is open and secret, ordinary and name-calling. Most often for the adoption of a bill, it is necessary to obtain the consent of the majority or those present, or the composition of the chamber (parliament). Only sometimes the consent of the qualified majority is required (when considering ordinary laws).

The specificity of the adoption of the law by a bicameral parliament

If the parliament consists of two chambers, this process has its own peculiarities. The bill in this case is considered adopted if each of the chambers approved it in an identical version. The upper one may disagree with the lower version of the draft law. The latter, in case of a disagreement between the chambers, most often has the right to overcome the veto of another chamber by means of a repeated vote. However, usually in this case, a qualified majority of votes is required to pass the bill. Quite often, special conciliation commissions are formed, which consist of an equal number of representatives from the upper and lower chambers. They can also sit together, and the law in this case is adopted by a general vote.

Publication of the law

The publication of the law is what completes the law-making process, the concept and stages of which we have practically studied. Usually it is carried out by the head of state. The law is published after it was adopted by the parliament. Its promulgation is called promulgation. It involves the official presentation of this normative act, its certification, signing, as well as an indication of its publication. In countries where the head of state has the right of veto, he can reject a law, which in this case does not enter into force. If he imposed a suspensive veto, the bill is returned to parliament, where it is reviewed again. Parliament in this case can overcome the veto. The law comes into force either from the moment of publication or from a certain period.

So, we briefly considered the law-making process (concept and stages). As you can see, there are several definitions of this concept. The main stages of the law-making process are also distinguished in different ways. This depends on the depth and specificity of the theoretical approach.