Volume 04 Issue 06-2024
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
06
P
AGES
:
17-22
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article provides a comparative analysis of the legislative acts of foreign countries on legal monitoring of the
implementation of legislative acts. Based on the results of the analysis, similar aspects of legal monitoring in foreign
countries are highlighted.
KEYWORDS
Public relations, legal monitoring, constitutional law, code, act of legislation, state div, official, subject of the right
of legislative initiative, judicial authorities, etc.
INTRODUCTION
The main goal of legal monitoring is to effectively
regulate social relations with the help of legislation and
ensure their stability.
Legal monitoring is also widely used in the practice of
foreign countries. Analyzing the experience of foreign
countries regarding legal monitoring and identifying
their specific aspects, first, makes it possible to use
their positive achievements in this field effectively.
In addition, by studying the specific aspects of legal
monitoring existing in foreign countries, it is possible
to further improve existing national legislation and law
enforcement practices.
It should be noted that the term "regulatory impact
assessment" is widely used instead of the term "legal
monitoring" by some scientists in the law enforcement
practice and legislation of many countries, and it is
Research Article
LEGAL MONITORING OF THE IMPLEMENTATION OF LEGISLATIVE ACTS:
COMPARATIVE LEGAL ANALYSIS
Submission Date:
June 11, 2024,
Accepted Date:
June 16, 2024,
Published Date:
June 21, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue06-03
MASHKUROV Gayrat Abdujalilovich
Candidate of Legal Sciences, Independent researcher of the Supreme School of Judges under the Supreme
Judicial Council of the Republic of Uzbekistan, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 06-2024
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
06
P
AGES
:
17-22
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
noted that this institute, like legal monitoring, is aimed
at determining the effectiveness of legal regulation of
social relations [ 1].
A legitimate question arises as to what is the difference
between the institution of legal monitoring and
regulatory impact assessment.
Kazakh legal scholars S.Aysin and Z.Kaziev, while
analyzing the experience of legislation and law
enforcement, noted that two institutions - legal
monitoring and regulatory impact assessment - are in
effect in this country at the same time, that experts
thoroughly studied the world experience before the
introduction of these institutions. they emphasize that
the institute also has a positive effect on the quality of
regulatory legal documents in the country.
Today in foreign countries, not only legal monitoring,
but also many institutions are used to determine the
effectiveness of legal regulation of social relations.
The analysis of the law enforcement practice and
legislation of foreign countries in this regard revealed
that such institutions are similar to each other in terms
of content, but also have some unique features that
distinguish each of them from the other.
Below we will consider the specific aspects used in
determining the effectiveness of legal regulation of
social relations in a foreign country through legal
monitoring.
In this case, it is appropriate to first consider the
experience of foreign countries regarding legal
monitoring within the framework of general aspects of
legal monitoring in them and specific features that
differ from each other.
As a result of the analysis of the legislation of foreign
countries, the following general aspects of legal
monitoring were determined:
I. The procedure for conducting legal monitoring in
foreign countries is approved by a specific legislative
document.
In particular, the procedure for conducting legal
monitoring in Belarus is stipulated in the decision "On
the procedure for conducting legal monitoring"
approved by the decision of the Council of Ministers
No. 65 dated January 30, 2019. With this decision, the
instruction on the procedure of legal regulation was
approved, and the detailed procedure for conducting
legal monitoring was determined in it [2].
Issues related to legal monitoring in Kazakhstan are
regulated by Government Decision No. 486 of August
29, 2016 "On approval of the rules for legal
monitoring". With this decision, the "Rules for
conducting legal monitoring" were approved, and the
procedure for conducting legal monitoring was
determined in detail[3].
Issues related to legal monitoring in Russia are
expressed in the regulation "On monitoring of law
enforcement in the Russian Federation" approved by
the Decree of the President of Russia dated May 20,
2011 "On monitoring of law enforcement in the Russian
Federation" No. 657 [4].
As we have seen above, in the countries where legal
monitoring is used, the issues related to the procedure
for conducting it are regulated by a legislative
document, which on the one hand provides for clearly
defining the process of conducting it to the entities
conducting monitoring, and on the other hand, it also
defines the rules that must be implemented in the
process of monitoring.
Volume 04 Issue 06-2024
19
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
06
P
AGES
:
17-22
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
II. The range of objects of legal monitoring in foreign
countries is similar to each other. As an object of legal
monitoring, the system of normative legal documents
valid in a particular country appears.
In particular, in the Belarusian Guidelines on the
Procedure for Legal Monitoring, the object of legal
monitoring is a normative legal document adopted
(published) and entered into legal force (its separate
provisions), excluding technical regulations and
normative legal documents in standardization,
technical normalization and standardization. It is
determined that decisions (orders) on approving
normative legal documents in the field of law, making
changes to them, interpreting such documents,
suspending their validity, canceling them, or declaring
them invalid are considered.
Under the rules of legal monitoring of Kazakhstan, the
following are established as objects of legal
monitoring:
- new constitutional laws, codes, systematic laws, laws;
- other legal documents.
Here, constitutional laws, codes, systematized laws,
laws, newly adopted laws, as well as newly adopted
constitutional laws, codes, systematized laws, laws on
additions and amendments to legislative documents
for up to five years from the moment of their adoption.
Is determined to be calculated.
At the same time, it is noted that the following are
understood to be other regulatory legal documents
that require legal monitoring:
1) except for constitutional laws, codes, systematized
laws, laws, new constitutional laws, codes,
systematized laws;
2) normative-legal decrees of the President of the
Republic of Kazakhstan;
3) normative-legal decisions of the Government of
Kazakhstan;
4) normative-legal orders of the Central Election
Commission of Kazakhstan, the National Bank of
Kazakhstan, ministers of Kazakhstan and other heads
of central state bodies, normative-legal orders of
heads of departments under the central state bodies
of Kazakhstan;
5) normative-legal decisions of councils, normative-
legal decisions of authorities and normative-legal
decisions of inspection commissions.
In Russia, the following regulatory legal documents are
provided as objects of legal monitoring:
a) according to legislation and other regulatory legal
documents - to fulfill the decisions of the Constitutional
Court of Russia;
b) according to the legal documents of the President
of Russia, the Government, executive power bodies,
other state bodies, subjects of the Russian Federation
and local state power bodies - in cases provided for by
law;
c) on the regulatory legal documents of the
Government of Russia, executive power bodies, other
state bodies, state power bodies of subjects of the
Russian Federation and local legal documents - in the
cases stipulated by the documents of the President of
Russia;
g) according to the normative legal documents of
Russia - following the annual appeals of the President
of Russia to the Federal Assembly of Russia, other
program documents, assignments of the President of
Volume 04 Issue 06-2024
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International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
ISSUE
06
P
AGES
:
17-22
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Russia and the Government, the main directions of the
socio-economic development programs of the relevant
period and state development of the Government of
Russia;
d) under Russian normative legal documents - to
implement the anti-corruption policy and eliminate
identified corruption factors;
e) according to Russian normative legal documents - to
eliminate contradictions between normative legal
documents having equal legal force.
As we have seen above, in most cases, the objects of
legal monitoring are the current legal documents.
It is noteworthy that legal monitoring is not carried out
in connection with drafts of normative legal
documents in any foreign country.
In our opinion, such an approach is correct, and it can
be explained by the fact that direct legal monitoring is
directly aimed at the implementation of current
legislation. In this case, the fact that the regulatory
legal document is still at the draft stage eliminates the
possibility of conducting legal monitoring of it.
III. Legal monitoring in foreign countries has similar
goals.
For example, according to the legislation of Belarus,
legal monitoring aims to systematically analyze and
evaluate the quality of legislation, the practice of law
enforcement, and the effectiveness of legal regulation
of social relations.
According to the legislation of Kazakhstan, legal
monitoring is aimed at identifying contradictions,
repetitions, legal gaps, inefficiently applied, outdated
and corrupt legal norms in the legislation of
Kazakhstan, and improving them by forecasting,
analyzing, and evaluating the effectiveness of the
adopted regulatory legal documents in the practice of
law enforcement. It is determined that proposals will
be held for development.
A situation similar to the above can be witnessed in
Russian legislation. According to it, the purpose of
legal monitoring is to improve the legal system of
Russia.
IV. It is clearly defined in the legislation that legal
monitoring is carried out mainly by state bodies.
In the legislation of Kazakhstan, the structural units of
state bodies carry legal monitoring out, which they
adopted and (or) were the main developers, according
to the normative legal documents related to their
authority.
The legislation of Belarus specifies the legal monitoring
bodies. According to it, law-creating bodies (officials)
who have adopted relevant regulatory legal
documents carry legal monitoring out.
The state bodies conducting state policy, regulation
and management in the relevant field also conduct
legal monitoring of regulatory legal documents in this
direction, and other state bodies - legal monitoring of
regulatory legal documents developed by themselves.
Following Russian legislation, it is envisaged that
executive and state authorities, subjects of the Russian
Federation within the scope of their powers, will carry
out that legal monitoring.
V. The legislation of foreign countries envisages direct
coordination of legal monitoring processes by judicial
authorities.
Volume 04 Issue 06-2024
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International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
06
P
AGES
:
17-22
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In the legislation of Kazakhstan, it is directly noted that
the activities of state bodies related to legal
monitoring are carried out by justice bodies.
In addition, it is determined that the single electronic
register of legislative documents and normative legal
decisions of the Government, which will be monitored
by law, will be maintained by the judicial authorities,
and the creation of the electronic register will be
entrusted to the Ministry of Justice.
Judicial bodies have a leading role in conducting legal
monitoring in Russia. In particular, the plan for
conducting legal monitoring under the legislation will
be developed by the Ministry of Justice of Russia. The
developed legal monitoring plan will be submitted to
the Government for approval by August 1.
In addition, judicial bodies in Russia have a unique role
in the process of legal monitoring. Legislative
executive authorities and state authorities of the
subjects of the Russian Federation are required to
submit a report to the Ministry of Justice on the results
of the monitoring conducted by them every year by
June 1.
Based on the submitted reports, the Ministry of Justice
will prepare a report on the monitoring results to the
President of Russia and submit it by September 1.
It is noteworthy that the report on the results of
monitoring prepared by the Ministry of Justice in
Russia will be published in the mass media after the
President's review, as well as posted on the official
website of the President of Russia and the Ministry of
Justice for everyone to see.
As we have witnessed, special attention is paid to the
place of the Ministry of Justice in conducting legal
monitoring in Russia from the above-mentioned
foreign countries, in which this div not only
participates in the stage from the development of the
legal monitoring plan to the presentation of the results
of the monitoring conducted by state bodies to the
Head of State but also in these processes, appears to
be the main coordinating competent state div.
VI. In the legislation of foreign countries, there is a
strict requirement to inform the population in advance
about the conduct of legal monitoring.
It should be noted that in countries where there is legal
monitoring, informing the population about its
implementation in advance has some positive aspects,
which are reflected in the following:
a) the public will be informed about which areas of law
enforcement are being studied by state bodies, and
this will allow them to contact the state bodies
conducting monitoring on certain cases of law
enforcement practice, and create conditions for
expressing their opinions and positions;
b) study of the implementation of the law of the state
div conducting monitoring, through critical review,
misinterpretations of legal norms arising in the practice
of law enforcement, identification and elimination of
conflicting situations, in general, creates conditions for
improving the legal foundations of a particular field.
In the legislation of foreign countries where legal
monitoring is in force, there is a rule on posting
information about monitoring in relevant sources.
In particular, the legislation of Kazakhstan stipulates
that the list of normative legal documents subject to
legal monitoring and the state div responsible for
this, as well as the deadlines for legal monitoring, will
be formed in the "E-
zaňnama" information system.
Following the legislation of Belarus, the organizer of
legal monitoring not less than 5 working days before
the start of legal monitoring will announce on his
Volume 04 Issue 06-2024
22
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
06
P
AGES
:
17-22
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
official website on the Internet about conducting legal
monitoring to study the proposals of citizens, including
individual entrepreneurs and legal entities regarding
the object of legal monitoring. Such notifications
should include the following information:
–
the object of legal monitoring;
- deadlines for conducting legal monitoring and
submission of proposals by citizens, including
individual entrepreneurs and legal entities regarding
the object of legal monitoring;
- methods of submission of proposals by citizens,
including individual entrepreneurs and legal entities to
the object of legal monitoring.
Here, in the process of conducting legal monitoring, it
is not required to respond or report to the proposals
received
from
citizens,
including
individual
entrepreneurs and legal entities regarding the object
of legal monitoring, as well as to the special section
"Electronic appeals" on the official website or to the
appeals received via the e-mail address of the organizer
of legal monitoring.
A similar experience can be found in Russian
legislation. According to it, the monitoring plan is
approved by the Government of Russia by September
1 every year. The annual monitoring plan approved by
the Government is published on its official website
(http://government.ru/).
The following information is reflected in the
monitoring plan:
a) a group of regulatory legal documents or a
legislative field (network) that is planned to be
monitored;
b) bodies of executive power participating in
monitoring, bodies of state power of Russian subjects
and self-government bodies of citizens;
c) monitoring periods;
g) other information.
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С.Айсин, З.Казиев. Опыт зарубежных стран по
изучению эффективности законодательства. №4
(40) 2015 ж.
Қ
аза
қ
стан
Республикасы
За
ң
нама
институтыны
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жаршысы
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https://cyberleninka.ru/article/n/opyt-
zarubezhnyh-stran-po-izucheniyu-effektivnosti-
zakonodatelstva/viewer
2.
Постановление Совета министров Республики
Беларусь “О порядке проведения правового
мониторинга” от 30 января 2019 г. № 65.
https://pravo.by/document/?guid=12551&p0=C2190
0065&p1=1&p5=0
3.
Постановление
Правительства
Республики
Казахстан “Об утверждении Правил проведения
правового мониторинга” от 29 августа 2016 года
№
486.
https://adilet.zan.kz/rus/docs/P1600000486
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Указ Президента РФ от 20.05.2011 N 657 (ред. от
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http://www.consultant.ru/document/cons_doc_L
AW_114147/ed640895f0e782690391f2ea4905382b
09a28189/#dst100030
