Law-making activity in modern conditions: essential dimensions and functional orientation

Abstract

The article emphasizes that the effectiveness of state-making processes in any democratic state is determined by a number of factors, among which law-making occupies an important place as one of the main directions of state activity. Law-making is the result of the objective development of social relations, directly aimed at their regulation. The purpose, content and results of law-making activities are determined by various factors. Among them, the following ones are traditionally distinguished: professionalism of law-making subjects and their objectivity; the degree of influence and nature of the interests of individual social groups (the so-called lobbying); level of development of state legal institutions; legal culture of the population; form of government, government and regime; the nature of society’s mentality, etc.

It is substantiated that law-making is based on law-making policy. The task of law-making policy is to ensure the system, integrity and consistency of legislation, to eliminate gaps in the latter. Attention is drawn to the fact that law-making characterizes the development of law and is a legal form of activity of the state and authorized subjects in the development, adoption, change, suspension and cancellation of legal standards.

On the basis of clarifying the essential and meaningful features of law-making functions, their concept was formulated. It is emphasized that the functions of law-making should be understood as the directions of its influence on the development of social relations, which reveal its essence, nature and purpose in society and the state and are aimed at fulfilling certain of its tasks. Particular attention is paid to the types of law-making functions and their features are characterized.