Initially, humanity was a fragmented 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 develops a certain experience. But tribal communities, which were the earliest structures, very soon showed their inefficiency in the process of coordinating society. It became clear that it was necessary to create a more advanced and self-regulatory system. These are the states. Today, there are a huge number of countries. All of them function by regulating society. This activity is carried out with the help of such a universal coordinator as law. By itself, this category is of interest to many scientists. But even more curious are official state acts, in the provisions of which the law actually exists. Normative acts of the state appear through the implementation of a special procedure, which is called "law-making". The subjects of this process are far from all existing authorities. Therefore, we will try to consider all the features of lawmaking, taking into account the exceptional importance of this type of activity.
Category concept
Before highlighting the doctrinal interpretation of lawmaking, it is necessary to determine the very essence of the category. It is worth noting the fact that it represents a certain procedure, which is carried out in the framework established by applicable law. The main goal of lawmaking is the creation of new legal norms that govern certain social relations. Thus, lawmaking is the activity of authorized entities aimed at creating legal provisions by issuing official normative acts. Moreover, this process is a complex phenomenon that has its subjects, forms, signs, etc. In other words, lawmaking can be studied as an integral structure.
Lawmaking functions
The presented category, as mentioned earlier, is a specific activity. That is, its goal is the implementation of certain functions. They represent the main focus of the category. The functions prove the consistency of the phenomenon of lawmaking and its importance in a separate field of activity. Today, scientists distinguish several fundamental functions of lawmaking.
- Updating the regulatory framework of the state is a line of activity that is responsible for replenishing the national legislative system with new official documents regulating legal relations in a particular area.
- Another important function is to fill in 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 society. Therefore, the subjects of lawmaking in the process of carrying out this activity are obliged to take into account this factor and in every possible way fill in the gaps formed in the legislation.
- All state acts must be in a strict hierarchical structure. Otherwise, there may be an imbalance in existing regulations, which can cause a regulatory crisis.
- Of course, the main function of lawmaking is the creation of laws and a by-law base. Indeed, it is with the help of these categories that the regulation of social activity takes place.
Thus, lawmaking is a focused activity, endowed with a number of functions. But, as we understand it, any activity comes from any entities. Lawmaking is no exception. Therefore, to study the category you need to understand the structure of its subjects.
The concept of subjects of lawmaking
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 must be studied through the prism of its effective parties. In this case, the subjects of lawmaking are:
- state;
- judicial authorities;
- officials
- local government bodies ;
- public organizations;
- directly to the people.
Without exception, all subjects of lawmaking in the course of their activities exercise 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 rather significant role. With its help, it is possible to identify the types of lawmaking by 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 lawmaking, or the types of a given process, are inextricable concepts that mutually complement each other.
Key competencies 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 activities aimed at creating new regulations. It should be noted that there are many approaches to considering the system of powers of lawmaking entities. All of them are characterized by different doctrinal aspects. But, if we analyze the current legislation and the classic view of the theory of government, the subjects of law-making are authorized:
- create new legal acts;
- consider adopted draft legal acts;
- introduce official acts, that is, engage in their legalization.
Each presented law of the subject of lawmaking shows the freedom of its direct activity. However, the existence of common opportunities does not mean the identity of all, without exception, persons participating in the process. In this case, we are talking about the existence of a certain legal inequality between the subjects and the mechanism by which they exercise their functions. Therefore, it is necessary to consider the specifics of each individual participant in law-making.
Government activities
Lawmaking, depending on the subjects of lawmaking, has a dual character. Take, for example, the activities of public authorities. Not all of them are parties to the lawmaking process. The supreme body of the system is the Parliament of the Russian Federation.
The represented body is responsible for the adoption of laws that have the highest legal force after the constitution of the state. However, parliament is not the only body issuing official acts. There are also other subjects of lawmaking. These include the Government of the Russian Federation, ministries, special government departments. The represented bodies create a subordinate regulatory framework that governs specific, most specific legal relations in a particular area.
Lawmaking of local authorities
The creation of official state acts is not only the federal or central government departments. Lawmaking in the constituent entities of the Russian Federation is also carried out. But activities at this level have their own specifics. All issued official acts regulate legal relations arising in the daily life of a particular territorial formation. As a rule, such legal acts resolve issues of housing and communal nature. Thus, the lawmaking of the subjects of the federation is limited.
The specifics of the activities of the people
The population of the Russian Federation is a key source of state power in the country. In accordance with this, the people have an extensive circle of powers. The function of law-making is carried out by the population through referenda and plebiscites. The results of these processes have the highest legal force and are binding.
However, the result of both referenda and plebiscites is not the appearance of a normative act in the form in which everyone is used to seeing it. Lawmaking of this nature rather creates a legal basis for its further filling in with official documents.
The difference between lawmaking and lawmaking
In legal science, there are a large number of terms that are similar in their theoretical aspects, but are not absolutely identical. Similar categories include lawmaking and lawmaking. It should be noted that both processes have the same legal nature, but different functional tasks. Lawmaking, as mentioned earlier, is an activity aimed at creating official normative acts and legal foundations, if we are talking, for example, about a referendum. That is, we are talking directly about the legalization of rules of conduct in the sphere of regulation of various social relations. Lawmaking in this case is an activity whose purpose is exclusively to create laws that are supreme in their legal force as a legal act after the Constitution of the Russian Federation.
Conclusion
Thus, we tried to find out what constitutes the subjects of lawmaking. In conclusion, it should be noted: such persons perform extremely important state functions. Therefore, their work must be universally reformed so that in the future the legal system is filled with the necessary regulatory acts.