Lawmaking. Subjects and types of lawmaking

Initially, humanity was a disparate mass that existed at a primitive level. Over time, people began to unite in specific formations. This affected their level of development, because in a group a person learns faster and accumulates certain experience. But tribal communities, which were the earliest structures, very soon showed their inefficiency in the process of society's coordination. It became clear that it is necessary to create a more perfect and self-regulating system. Those are the states. To date, there is a huge number of countries. All of them function by regulating the society. This activity is carried out with the help of such a universal coordinator as law. In itself, this category is of interest to many scientists. But even more curiosity is caused by official state acts, in the provisions of which law actually exists. Statutory acts of the state appear through the implementation of a special procedure, which is called "lawmaking." The subjects of this process are not all existing authorities. Therefore, we will try to consider all the features of law-making taking into account the exceptional importance of this type of activity.

Concept of category

Before singling out the doctrinal interpretation of law-making, it is necessary to determine the very essence of the category. It is worth noting the fact that it is a certain procedure that is performed in the framework established by the current legislation. The main goal of lawmaking is the creation of new legal norms that regulate certain social relations. Thus, law-making is the activity of authorized entities, aimed at creating legal provisions by issuing official regulations. At the same time, this process is a complex phenomenon that has its subjects, forms, signs, etc. In other words, law-making can be studied as an integral structure.

Functions of lawmaking

The presented category, as already indicated, is a specific activity. That is, its purpose is the realization of certain functions. They represent the main focus of the category. Functions prove the systematic nature of the phenomenon of law-making and its importance in a particular field of activity. To date, scientists have identified several fundamental functions of law-making.

1. Updating the regulatory framework of the state is the direction of activity that is responsible for replenishing the national legislative system with new official documents regulating legal relations in this or that sphere.
2. Another important function is to fill legal gaps. The bottom line is that not all emerging relations in society are regulated by official state acts. This is due to the rapid evolution of all spheres of life socium. Therefore, the subjects of law-making in the process of implementing this activity are obliged to take this factor into account and fill in the gaps formed in the legislation in every possible way.
3. All state acts must be in a strict hierarchical structure. Otherwise, there may be an imbalance of existing NAPs, which can cause a regulatory crisis.
4. Of course, the main function of law-making is the creation of laws and subordinate legislation. It is with the help of these categories that social activity is regulated.

Thus, law-making is a purposeful activity, endowed with a number of functions. But, as we understand, any activity comes from any subjects. Lawmaking is no exception. Therefore, to study the category, you need to understand the structure of its subjects.

The concept of subjects of law-making

The main feature of any activity is the composition of persons who directly implement it. Thus, the functional aspects of the category mentioned in the article need to be studied through the prism of its effective sides. In this case, subjects of lawmaking are:

• The state;
• Judicial authorities;
• Officials;
• Bodies of local self - government;
• Organizations of a public nature;
• Directly people.

Without exception, all subjects of law-making in the course of their activities realize their inherent powers. Their existence shows the specifics of the legal regime of the parties to the whole process.

Thus, the composition of the parties involved in the implementation of the category plays a significant role. With its help it is possible to distinguish types of law-making on subjects. In other words, each side implements the process in its own way, which is clearly manifested in the analysis of their powers. Therefore, the forms and subjects of law-making, or the types of this process, are inseparable concepts that mutually complement each other.

Key Competences of Entities

So, the concept of subjects of lawmaking shows that the persons involved in this process have a certain range of exclusive powers. This is the very essence and specificity of the activity aimed at the creation of new normative acts. It should be noted that there are many approaches to the consideration of the system of powers of subjects of law-making. All of them are characterized by different doctrinal aspects. But, if we analyze the current legislation and the classical view on the theory of the state structure, the actors exercising lawmaking are empowered:

• Create new legal acts;
• To consider the adopted drafts of the IPA;
• To introduce official acts into effect, that is, to engage in their legalization.

Each represented right of the subject of lawmaking shows the freedom of his immediate activity. However, the existence of common opportunities does not mean the identity of all persons participating in the process, without exception. In this case, we are talking about the existence of a certain legal inequality between actors and the mechanism of their performance of their functions. Therefore, it is necessary to consider the specifics of the work of each individual participant in law-making.

Activities of state bodies

Lawmaking, depending on the subjects of law-making, is of a dual nature. Take, for example, the activities of public authorities. Far from all of them are parties to the process of law-making. The supreme body of the system is the Parliament of the Russian Federation. The body is responsible for the adoption of laws that have the highest legal force after the constitution of the state. However, the parliament is not the only body issuing official acts. There are also other subjects of law-making. These include the Government of the Russian Federation, ministries, special state departments. The represented bodies create a subordinate regulatory framework that regulates specific, most specific legal relationships in a given sphere.

Lawmaking of local self-government bodies

The creation of official state acts is carried out not only by federal or central authorities. Lawmaking in the subjects of the Russian Federation is also being implemented. But the activity at this level has its own specifics. All issued official acts regulate the legal relations arising in the sphere of daily life of a certain territorial formation. As a rule, such issues are solved by housing and communal services. Thus, the lawmaking of the subjects of the federation is of limited nature.

Specificity of People's Activities

The population of the Russian Federation is the key source of state power in the country. In accordance with this, the people have a wide range of powers. The function of law-making is carried out by the population through referendums and plebiscites. The results of these processes have the highest legal force and are binding for implementation. However, the result of both referendums and plebiscites is not the appearance of a normative act in the form in which all have become accustomed to seeing it. Lawmaking of this nature rather creates a legal basis for its further filling with official documents.

Difference of lawmaking and lawmaking

In jurisprudence, there are a large number of terms that are similar in their theoretical aspects, but they are not absolutely identical. Similar categories can be called law-making and law-making. It should be noted that both processes have one legal nature, but different functional tasks. Lawmaking, as mentioned earlier, is an activity aimed at creating official normative acts and legal bases, if we say, for example, a referendum. That is, it is directly about the legalization of rules of conduct in the sphere of regulation of certain social relations. Lawmaking in this case is an activity whose purpose is exclusively to create laws that are superior in their legal force to the NPA after the Constitution of the Russian Federation.

Conclusion

Thus, we tried to find out what the subjects of lawmaking are. In conclusion, it should be noted: such persons perform extremely important state functions. Therefore, their work must be reformed everywhere, so that in the future the legal system is filled with the necessary regulatory enactments.