правотворчество

On the Concept of Rulemaking

In the paper we analyze the concept of rulemaking in ХХ-th and ХХI-th centuries, and influence of various factors on it in the context of relations between the law and law formation.

Law Policy for Decentralization of State Authority

The author analyses the questions of legal policy of different levels in the frames of urgent process of decentralization of state power. Regional and municipal forms of legal policy, their concept, principles of forming, aims, goals and content are the main object of research. The author came to the conclusion that the process of decentralization of state governing will be connected with the fact that separate legal policy will be needed on the regional and municipal levels.

Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking

Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods. Theoretical analysis. Some authors note that the decisions of the constitutional review authorities can modify conditions of public life. Authors often emphasize that court decisions that rules certain norms as unconstitutional have the same goals as statutory acts. Empirical analysis. Constitutional courts administer a special kind of lawmaking, such as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. “Positive” lawmaking is connected with the adoption of statutory acts, which regulate the activities of the constitutional courts. “Negative” lawmaking consists in ruling certain legal norms and sources of law unconstitutional and making them void. By means of “adjusting” lawmaking constitutional courts do not rule the norms as completely unconstitutional, but constitutionally interpret them. “Interpretative” lawmaking consists in clarifying legal norms of constitutions. The constitutional review authorities may also provide recommendations to the legislative authorities. Results. The constitutional review authorities can directly participate in lawmaking activities as a legislative initiative or in connection with the implementation of the constitutional control as “positive”, “negative”, “adjusting” and “interpretative” lawmaking. Circumstantial participation of such authorities in lawmaking activities is administered by adopting special messages.

Information and Communication Culture as a Condition for the Realization of Some Rights of Citizens (the Case Study of Procedural Legislation)

Introduction. The article is devoted to the analysis of the significance of the level of development of information and communication culture of citizens for the exercise of their rights in the trial. The internetization and digitalization that have taken over the world make us take a fresh look at the need to comprehend the level of formation of the information and communication culture in the law-making process. Theoretical analysis. The dependence of the realization of certain rights of citizens on the level of formation of the information and communication culture of citizens and society as a whole is analyzed. The ambiguity of the assumption of a high level of legal and information and communication culture in the law-making process is considered, which may further become an obstacle to the realization of citizens’ rights. Results. The author notes that the reduction of orality in the ongoing processes of informatization and internetization should not a priori lead to the recognition of a high level of formation of the information and communication culture of citizens, it is necessary to work systematically on this process. It seems illogical to assume the dependence of the successful implementation of certain norms on the existence of a certain level of legal, information and communication culture of a citizen.