Volume 03 Issue 02-2023
20
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article examines the question of the theoretical and legal views of well-known legal scholars on the concept and
content of law-making. It also talks about issues related to the role of legal creativity as a form of state activity aimed
at creating legal norms, their future improvement, transformation or abolition.
KEYWORDS
Law-making, legal norm, law-making, regulatory legal acts, Constitution of the Republic of Uzbekistan, principles of
law-making.
INTRODUCTION
Law-making is one of the pressing problems of the
theory of state and law. At the moment, the process of
law-making and the formation of law is one of the
complex types of state activity. Because law - making is
a form of state activity aimed at creating legal norms,
improving, changing or abolishing them in the future.
It is the process of creation and development of social
relations as a single and purposeful system of universal
norms with the status of a special, official activity for
the establishment of Legal Regulation. The main thing
for lawmaking is the development and approval of new
legal norms. In this, first of all, the established tasks of
state activity find their expression in law.
Law - making in its essence presupposes the
manifestation of the will of the state in relation to the
law, legal guidelines of universal significance. At the
Research Article
LAWMAKING
–
A COMPLEX PROCESS OF CREATING LAW
Submission Date:
February 15, 2023,
Accepted Date:
February 20, 2023,
Published Date:
February 25, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue02-04
Utemuratov Makhmut Ajimuratovich
Professor of Tashkent State Law University, candidate of legal sciences, 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 03 Issue 02-2023
21
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
present stage of the development of law-making, first
of all, by referendum, the adoption of legal acts directly
by the population of the country or the publication of
documents containing legal norms by the state and
other governing bodies is clearly manifested. In some
countries, one of the forms of lawmaking is judicial
precedent.
The importance of transactions with normative
content among various subjects of law is increasing
day by day.
Democratism of the law-making procedure requires
active participation of parties, mass movements,
entrepreneurial structures, Civil assemblies in the
creation of legislation, their initiative, discussions in the
spirit of free, broad and workaholism, which is
provided for by law. However, this does not mean in
what form the process is carried out in relation to law-
making, but still the activity of the state, although it is
a form of state domination over society. The state
through its bodies creates the bulk of legal norms. If
such norms are promulgated by non-governmental
organizations, the powers of their law-making are
determined by the state .
Of course, when it comes to state functions, it is
advisable, first of all, to dwell on the forms of their
implementation, as well as on one of them
–
law-
making or law-making work, which is one of the
manifestations of state leadership in society.
Consequently, regardless of the function, type of state,
the forms of implementation and organization of state
power, law-making is carried out by the state.
Therefore, "legal creativity is a process that involves
the identification and assessment of the legal needs of
society and the state, the formation and adoption of
legal acts of authorized entities in the prescribed
manner .
This definition emphasizes the following important
aspects: 1) understanding, study and analysis of the
situation or process that requires legal regulation; 2)
identification of the div (subjective) with the
authority to accept this or that legal Act; 3) selection of
the form of the act for which it is intended to be
adopted; 4) Preparation, acceptance or change of a
legal act within the Of course, these listed aspects are
a interconnected and holistic process.
In its essence, law - making consists in raising the will
of the state to the level of law, expressing it in the form
of generally binding legal rules for all. Legal creativity is
exercised by various bodies of the state that have the
appropriate authority. The state creates a basic set of
legal norms through the activities of authorities and
management (executive) bodies» .
Lawmaking is such a type of state activity, as a result of
which the will of the people rises to the status of law,
finds its expression in the norm of law, in a certain
source of law.
As stated above, along with the adoption of new legal
norms, the abolition and modification of outdated
regulatory legal guidelines also enter into the activities
of law-making. At the moment, the level and culture of
law-making, the quality of regulatory legal acts, which
are perceived accordingly, indicate the level of high
cultural development, democratization of the state
and society. The norms of natural law penetrate into
the form of normative acts through legal creativity and
become a positive (positive) right, that is, a right that
exists in the form of law.
Volume 03 Issue 02-2023
22
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
At this point, we would like to briefly state that in the
early stages of the development of positive law, two
major areas were identified
–
Public Law and personal
law. In this case, the words" public "and" private "
acquire a special legal meaning, positive law is
associated with state power and in this regard acquires
a public character. Public law is a field of positive law
based on the centralization method in which rights and
obligations are built on the basis of the principle of
power and subordination. Private law is a sphere of
positive law based on a method of decentralization in
which the relations of all subjects are legally equal and
they can participate in the establishment and
implementation of their rights and obligations on their
own free will and interests. This includes various
conciliatory relations, property inheritance relations,
citizenship, family, other activities regulated by labor
law .
The process of legal creativity is based on certain
principles. These principles represent the most
important ideas that ensure its quality and
responsiveness. Let's dwell on them below.
1. The folk nature of law-making. Thus, the folk nature
of law-making is manifested, firstly, in the fact that the
bodies of law-making are made up of people's
deputies, people's representatives (Oliy Majlis);
secondly, all subjects of law-making activities (for
example, Deputies of the Oliy Majlis) in the normative
legal acts adopted by them represent the interests of
citizens of the country. This is a very important rule that
reflects a new approach to lawmaking. To the proof of
our opinion, we can say which issue we should not
take, the interests of the state are in the first place, and
the interests of the citizen and the person are
practically not taken into account, was clearly visible in
any article of the old constitutions.
2. Democratism of law-making. It is manifested in the
democratic order of the development and adoption of
the legislation of the Parliament of our country
–
the
Oliy Majlis itself, which is a representative div in
Uzbekistan, as well as the widespread involvement of
citizens in the activities of law-making.
At the moment, one of the democratic expressions of
law-making activity was the introduction of the draft
Constitutional Law of the Republic of Uzbekistan on
amendments and additions to the Constitution of the
Republic of Uzbekistan to the discussion of the Oliy
Majlis.
At the same time, the most important bills can be put
on a nationwide discussion and a vote
–
referendum.
This is the most vivid manifestation of the democratism
of law-making.
3. The scientific nature of lawmaking and its
relationship with law enforcement practice. This
means that the law-making bodies at the time of
development and publication of legal norms should
study the socio-economic situation, the objective
needs of its development, reveal the need and
feasibility of legal regulation of social relations. Only on
this basis will the norms of law be scientifically
substantiated and have a high level of affectivity.
Naturally, among them there are both legislative acts
that determine the mechanism of interaction of
economically free enterprises and citizens with the
state through the system of taxes, and laws that limit
monopolistic activity, introduce the right to collateral,
determine the bankruptcy of enterprises. Of course,
legislation like this has become incredibly important.
Lawmaking should be carried out in a strong
connection with the practice of law enforcement. It is
this connection that makes it possible to reflect on the
Volume 03 Issue 02-2023
23
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
20-23
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
quality and effect of the adopted regulatory legal acts
or on the need to change or cancel them. In this way,
the activities of law-making bodies will improve.
4. The legality of lawmaking is expressed in the need
for all actions of the creators, developers and
promoters of regulatory legal acts to be based on laws
and, above all, on the Constitution. This rule is so
important that it is reflected in the Constitution of our
country. In particular, Article 16 of the Constitution of
the Republic of Uzbekistan States: "not a single law or
other normative legal act may contradict the norms
and rules of the Constitution."
The legality of law-making also consists of a strict
hierarchy (step-by-step)of the accepted regulatory
legal acts: each adopted new document must
correspond to previously adopted ones or make direct
changes to them; the document of the lower law-
making div should not contradict the document of
the higher-standing law-making div. Otherwise, it is
not for nothing that a conflict will arise and it will
become the cause of a real conflict.
In the process of law-making, the following functions
are performed: the renewal of laws, that is, the printing
of new regulatory legal acts; the elimination of
outdated legal documents, their cancellation; the tasks
of filling out gaps in law are carried out. The
implementation of these functions makes it possible to
realize the task of improving legislation in our country.
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