FROM IDEA TO LEGAL NORMS: INFLUENCE OF LAWMAKING ON THE QUALITY OF LAW

Abstract

Law, performing the fundamental functions of a social regulator, ensures not only basic guarantees of freedoms and individual rights, but also stability of public order. Lawmaking process, as a key mechanism for creating legal norms, directly affects the effectiveness of the adopted legal norms. In order to study the genesis of legal norms, unification of the terminological apparatus, the article considers the relationship between lawmaking process and law formation. It is also noted that in the context of rapid development of digitalization, traditional models of lawmaking face new challenges.

The article reveals modern problems of lawmaking associated with technical and legal imperfections of bills. To solve which, a comprehensive interdisciplinary approach is needed that combines methodology, linguistics and legal technique. The first, methodological level, involves compliance with consistency and logical rigor, which includes the unity of the conceptual apparatus. The second, linguistic level, is aimed at maintaining linguistic accuracy and unambiguity, includes semantic clarity and syntactic rigor. The article also considers the criteria for the correctness of the terms used in legal acts. The third, structural level, is related to the technique of legal acts. It involves compliance with the principles of legal technique. However, the quality of legal acts depends not only on the technical issues of their creation or state (political) will, but also on the depth of their conceptual understanding, logical and linguistic content, and theoretical elaboration of the rule-making process itself. The proposed approach allows analyzing both classical doctrinal approaches to lawmaking process and modern ones, where a significant role is given to digitalization and interdisciplinarity.