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Journal articles on the topic 'Lawmaking norms'

Author: Grafiati
Published: 28 May 2022
Last updated: 30 July 2025

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1

Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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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.
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2

Tarakhonych, Tetyana. "Legal Formation and Lawmaking: Conceptual Foundations." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 140–48. https://doi.org/10.33663/0869-2491-2024-35-140-148.

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The article underscores the weighty role of legal doctrine, lawmaking, and the mechanisms of legal formation within legal science and legal doctrine specifically. A thorough exploration and a scholarly approach to these issues not only allow for the examination of these legal categories from formal juridical perspectives but also for the optimization of these types of legal activities. Scientific approaches to understanding the category of lawmaking are characterized, providing a framework to defi ne lawmaking as a distinct type of legal activity carried out by relevant entities with the aim o
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3

Momot, Yuriy. "Judicial lawmaking: a conceptual exploration." Visegrad Journal on Human Rights, no. 1 (May 6, 2024): 64–69. http://dx.doi.org/10.61345/1339-7915.2024.1.10.

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The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch. The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development. The results of the study underscore the nuanced role of Ukraine’s courts in the legal
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4

Ajimuratovich, Utemuratov Makhmut. "LAWMAKING – A COMPLEX PROCESS OF CREATING LAW." International Journal Of Law And Criminology 03, no. 02 (2023): 20–23. http://dx.doi.org/10.37547/ijlc/volume03issue02-04.

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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.
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Tarakhonych, T. I. "Legislative Process: Essential Characteristics, Influencing Factors." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 361–65. http://dx.doi.org/10.33663/2524-017x-2023-14-361-365.

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In this paper, the author analyzes various approaches to understanding the legislative process, its interrelation with related categories such as lawmaking and legislative processes. It is emphasized that the use of the term «legislative process» indicates the presence of an intellectual component in the corresponding subjects’ activities, while referring to the «lawmaking process» gives preference to the official and governmental aspect of this process. The peculiarities of the legislative process are identified, namely: it is a type of lawmaking activity, characterized by a phased implementa
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Melnyk, Alina. "Judicial practice and judicial precedent as factors of lawmaking activities." Yearly journal of scientific articles “Pravova derzhava”, no. 35 (September 1, 2024): 859–68. https://doi.org/10.33663/0869-2491-2024-35-859-868.

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At the current stage of Ukraine’s legal system development, scholars and practitioners increasingly acknowledge the existence of judicial precedent within the Ukrainian judicial system, created during the process of «judicial lawmaking». Interest in exploring this form of judicial activity is growing, as evidenced by a significant number of scientific works by Ukrainian scholars. However, there is no consensus. The article analyzes the legal nature and main features of the concepts of «lawmaking» and «judicial lawmaking» at both the legislative and theoretical levels. The role of judicial prac
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7

Ershov, V. V. "“Judicial Lawmaking”: pro et contra." Pravosudie / Justice 2, no. 2 (2020): 7–28. http://dx.doi.org/10.37399/issn2686-9241.2020.2.7-28.

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Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial lawmaking”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law
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8

Ershov, V. V. "“Judicial Lawmaking”: pro et contra." Pravosudie / Justice 2, no. 2 (2020): 7–28. http://dx.doi.org/10.37399/issn2686-9241.2020.2.7-28.

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Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial lawmaking”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law
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9

Birkenkötter, Hannah. "“What the Secretariat Makes It”: United Nations Civil Servants between Administrative Function and Contemporary International Lawmaking." International Organizations Law Review 20, no. 3 (2023): 426–56. http://dx.doi.org/10.1163/15723747-20030007.

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Abstract As the only international organization that aspires to be unviersal both in terms of its membership as well as in terms of the policy fields in which it intervenes, the United Nations (UN) occupies a unique position in international lawmaking. Focusing on the UN’s political and judicial or quasi-judicial organs does not, however, fully capture the organization’s lawmaking activities. Instead, much of the UN’s impact on international law today can be traced back to its civil servants. In this paper, I argue that international lawmaking today is best understood as processual and fluid,
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10

Tarakhonych, T. I. "Concept of Lawmaking Process in the context of the Legal Doctrine." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 152–63. http://dx.doi.org/10.33663/1563-3349-2022-33-152-163.

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The article emphasizes that the legal doctrine in general and the doctrine of lawmaking in particular have an important place and role both in general theoretical science and in the practical sphere. The research characterizes the key scientifi c approaches to legal doctrine, more attention is focused on the doctrinal understanding of lawmaking and its features. It is noted that the process of forming of the lawmaking doctrine involves the search for new ideas, the nomination of relevant hypotheses, the verifi cation of their truth and reliability by time, the perception of them by the scienti
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11

Jacob, Cecilia. "From Norm Contestation to Norm Implementation: Recursivity and the Responsibility to Protect." Global Governance 24, no. 3 (2018): 391–409. http://dx.doi.org/10.1163/19426720-02403006.

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Abstract This article contributes to the burgeoning norms literature in international relations that conceptualizes the norm life cycle as a nonlinear dynamic process that is open to contestation and change of “meanings in use.” There are limitations to this second generation of norms theory, however, most crucially in the identification of agency and process through which dialogue occurs and change is enacted. This article claims that to conceptualize the move from norm contestation as dialogic process to norm implementation as a process that weaves norms into the fabric of institutions in th
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MAK, Vanessa. "Pluralism in European Private Law." Cambridge Yearbook of European Legal Studies 20 (November 13, 2018): 202–32. http://dx.doi.org/10.1017/cel.2018.5.

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AbstractThis article takes stock of legal pluralist thinking in European private law. In which ways have existing theories brought forward our understanding of lawmaking in European private law? Central to that debate are the competing rationalities of EU internal market law, on the one hand, and national, juridical systems of private law on the other hand. An analysis of norms, processes, and actors involved in lawmaking in European private law reveals a field that has matured, but that is now at the threshold of a re-evaluation and potentially a transformation in lawmaking from ordered to st
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13

Sachko, A. R. "Сoncept of the draft normative-legal acts in the mechanism of legislation: experience of foreign countries". Uzhhorod National University Herald. Series: Law 1, № 87 (2025): 105–10. https://doi.org/10.24144/2307-3322.2025.87.1.15.

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In the article, the author focuses on the practice of applying acts - concepts in certain foreign countries - Poland, France, Canada, Japan. It is noted that the relevance of the topic of this scientific work is due to the peculiarities of the current stage of development of the legal system in Ukraine. Socio-economic conditions are changing, and therefore, there is a need to update or create new regulatory legal acts to regulate new aspects of social relations. Scientific research of the concepts of drafts of such acts helps to understand how to adapt the legal system to modern challenges. In
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14

Shevchuk, O. A. "Lawmaking in the field of criminal law: towards the problem of understanding." Actual problems of improving of current legislation of Ukraine, no. 55 (January 17, 2021): 174–84. http://dx.doi.org/10.15330/apiclu.55.174-184.

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The article is devoted to the study of the understanding of the concept of lawmaking in the field of criminal law of Ukraine. The author establishes that such lawmaking should be primarily based on the general theoretical concept of the relevant concept. The author determines the correlation between rulemaking and lawmaking. Rulemaking is inherent mainly in the activities of individual bodies of the State, and lawmaking is the activity of the State as a whole, as well as of all its competent bodies. Rulemaking is a broader concept than lawmaking, which is a type of rulemaking and is the final
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15

Mützelburg, Irina. "Resisting International Norm Transfer While Seeking International Recognition – Ukrainian Asylum Lawmaking." European Journal of Migration and Law 25, no. 3 (2023): 358–75. http://dx.doi.org/10.1163/15718166-12340156.

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Abstract This article contributes to the understanding of why international organisations’ attempts to transfer policies frequently fail or lead to only partial practical change in the target states. It sheds light on legislative resistance by analysing how Ukrainian lawmakers reacted to attempts to impose international asylum norms on them. Instead of overtly opposing the import of international norms, Ukrainian lawmakers resisted in a subtle way, frequently by making the implementation of the adopted norms impossible. As international normative texts contain vague formulations of certain nor
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16

Bertolini, Daniele. "On the Spontaneous Emergence of Private Law." Canadian Journal of Law & Jurisprudence 29, no. 1 (2016): 5–36. http://dx.doi.org/10.1017/cjlj.2016.1.

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This article provides an explanatory framework of the spontaneous lawmaking (“SL”) process in the area of private law. To illuminate the process of the spontaneous emergence of private law, this paper focuses on three issues: (1) the conditions under which SL is likely to generate efficient norms, (2) the mechanisms that explain the emergence of norms in the absence of centralized enforcing institutions, and (3) the comparative advantages and disadvantages in terms of the efficiency of SL compared to public centralized lawmaking processes. This discussion is organized as follows. Section I def
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17

Akhmetova, N. S., and A. I. Birmanova. "Improving the lawmaking activities of executive authorities." Bulletin of the Karaganda University. “Law Series” 112, no. 4 (2023): 38–44. http://dx.doi.org/10.31489/2023l4/38-44.

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Lawmaking is the most important function of the executive authorities, through which their activity is manifested, aimed at the qualitative development of Kazakh society and the performance of all other functions of the state. The article examines the features of subordinate lawmaking, which are due to the multiplicity of the system of executive authorities. It is noted that the nature of subordination relations between them also affects the legal nature of the legal acts issued by them and the requirements imposed on them. The main goal of improving subordinate lawmaking is the creation and f
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18

Matayeva, M. H. "“KARAMOLA RULES” — THE RESULT OF ABAI’S LAWMAKING." Russian-Asian Legal Journal, no. 4 (December 28, 2023): 86–90. http://dx.doi.org/10.14258/ralj(2023)4.17.

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The article analyzes the code of laws “Rules of Karamola”, compiled by Abai to regulate public relationsin Kazakh society at the end of the nineteenth century. The significant role of Abai in the compilation of thecode of laws, his humane attitude to crimes committed against women is noted. The great importance ofthe norms on criminal and criminal procedure law of the late nineteenth century for the improvement ofmodern legislation of the Republic of Kazakhstan is emphasized.
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19

Boyko, Maria Mykolayivna. "Legal basis of rule-making activity of the advocacy self-government bodies." Alʹmanah prava, no. 15 (September 1, 2024): 494–99. https://doi.org/10.33663/2524-017x-2024-15-494-499.

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Corporate lawmaking is a special type of lawmaking by non-governmental organizations. One of the varieties of which is rulemaking by the advocacy self-government bodies. Corporate lawmaking by the advocacy self-government bodies consists in the adoption and approval of regulations governing the internal activities of the advocacy self-government bodies. These regulations are aimed at ensuring the internal organization and functioning of the bar community, ensuring high professional standards, protecting the rights and interests of clients, and maintaining the disciplinary policy among the subj
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20

Widjaja, Gunawan. "Religion And the Making of National Law; Literature Review." International Journal of Religion 5, no. 5 (2024): 1–9. http://dx.doi.org/10.61707/07tg4y56.

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Religion has an important role in lawmaking, especially Islam in a country like Indonesia. Data used in this research consists of secondary data, which comprises published literature that fits the context of the research discussed. The researchers found that the role of religion in lawmaking was not independent of the historical, social, and cultural influences of the society concerned. Religious sources, such as Sharia and Islamic fiqh, are also used in the interpretation and development of national law. Religion also plays a role in shaping the values and moral norms underlying the legal sys
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21

Criddle, Evan J. "Extraterritoriality's Empire: How Self-Determination Limits Extraterritorial Lawmaking." American Journal of International Law 118, no. 4 (2024): 607–58. http://dx.doi.org/10.1017/ajil.2024.33.

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AbstractIn recent years, a growing number of countries have courted controversy by regulating activities outside their borders. They have used extraterritorial lawmaking to cultivate competitive global markets, strengthen or weaken data privacy, combat foreign terrorism and military aggression, promote human rights abroad, and suppress political dissent at home. This Article explores whether extraterritorial lawmaking can be reconciled with the right to self-determination under international law. I argue that the right to self-determination entitles each national polity to determine the laws a
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22

Sulyma, A. P. "Evolution Of Scientific Approaches To Understanding Local Corporate Lawmaking." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 55–66. http://dx.doi.org/10.15330/apiclu.54.55-66.

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The article analyzes the origins of the modem understanding of local corporate lawmaking of corporations. The works of both representatives of the Soviet doctrine of the state and law, and the works of modern scholars were analyzed - in particular their views on local lawmaking and local corporate lawmaking of legal entities.
 The author expresses an opinion that most modern approaches stem from the doctrine of lawmaking of the Soviet period of science development and do not correspond to the modern development of the legal system (including such a complex area of law as corporate law) an
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23

Ivanov, R. L. "Subjects of law-making: basic powers." Herald of Omsk University. Series: Law, no. 3 (2022): 19–28. http://dx.doi.org/10.24147/1990-5173.2022.19(3).19-28.

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Introduction. The main specific feature of any subject of lawmaking is lawmaking competence, which, along with the subject of jurisdiction, includes lawmaking powers. The legal nature and content of these powers have not been sufficiently studied and need to be clarified. Purpose. The purpose of the article is to define and characterize the main powers of the subjects of intrastate (national) lawmaking. Methodology. The methodological basis of the study is the principles and categories of materialistic dialectics, systemic, formal-logical, formal-legal and comparative-legal methods. Results. T
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24

Szreniawski, Piotr. "Law within the concept of lawmaking as learning." Acta Iuris Stetinensis 41 (2022): 123–33. http://dx.doi.org/10.18276/ais.2022.41-09.

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This concept is related to the „lawmaking as learning” theory. Constructing norms is based on the similarities noticed by the legislator. The state, as a learning organization, shows what behaviours should be imitated. The article deals with the theory in the development phase. It was indicated that further research is needed to the use of pedagogical achievements in relation to legal issues.
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Popova, S., and A. Yanik. "The Russian Constitution of 1993 and the Constitutionalization of Federal Legislation: Data Analysis." BRICS Law Journal 6, no. 3 (2019): 128–61. http://dx.doi.org/10.21684/2412-2343-2019-6-3-128-161.

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The Constitution of the Russian Federation of 1993 provided the basis and tools for large-scale societal transformations in Russia. Still, the question of whether the results of political and socio-economic reforms are irreversible and in line with constitutional ideas and norms is open to discussion. This study investigates the temporality of the process of the “constitutionalization” of Russian law using the statistics of Federal laws and Federal constitutional laws for the period 1994–2018. The article presents the outcome of the quantitative analysis as well as a discussion of the findings
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26

Sarfaty, Galit A. "Corporate Actors as Translators in Transnational Lawmaking." AJIL Unbound 115 (2021): 278–82. http://dx.doi.org/10.1017/aju.2021.39.

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International legal scholars have long been concerned with the transnational lawmaking process, including the development, interpretation, and implementation of international norms. Yet there has been insufficient attention devoted to the micro-level details by which international law operates. Anthropologists can shed unique insights to this process by uncovering power dynamics, disaggregating institutions and actors, and revealing local practices on the ground. In this essay, I will analyze global supply chain governance through an ethnographic lens in order to examine the role of corporate
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27

ZUBOV, V. V. "THE EVOLUTION OF APPROACHES TO DETERMINING THE PRINCIPLES OF LAW AND LAW-MAKING: THEORY AND POLITICAL AND LEGAL PRACTICE." Gaps in Russian Legislation 16, no. 3 (2023): 27–36. http://dx.doi.org/10.33693/2072-3164-2023-16-3-027-036.

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The proposed publication provides a comprehensive review of the historical path of changing approaches (theoretical and practical) to the definition of the principles of law and lawmaking and establishes the nature of the evolutionary process in political and legal matter. On the basis of the general dialectical method, analysis and comparative legal approach, the principles of law and lawmaking are identified and revealed, depending both on the level and degree of generalization (special, sectoral, intersectoral, universal), and on the specifics of the current or historical stage of developme
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28

Mancuso, Maureen. "Filibuster: Obstruction and Lawmaking in the US Senate." Canadian Journal of Political Science 40, no. 1 (2007): 253–54. http://dx.doi.org/10.1017/s000842390707028x.

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Filibuster: Obstruction and Lawmaking in the US Senate, Gregory J. Wawro and Eric Schickler, Princeton: Princeton University Press, 2006, pp. xx, 326.The US Senate presents observers with a paradox. It is a strong and influential legislative chamber, whose strength and influence derive in great part from unique rules and norms that not only allow but genuinely celebrate obstructionism, and techniques that encourage the frustration of the democratic majority by unrestricted parliamentary gamesmanship. The filibuster—a tactic whose purpose is to prevent the accomplishment of legislative business
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Ershov, V. V. "Russian Regulatory Legal Acts and Regulatory Legal Agreements." Rossijskoe pravosudie 4 (March 24, 2020): 16–27. http://dx.doi.org/10.37399/issn2072-909x.2020.4.16-27.

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The article analyzes theoretical and practical problems of Russian normative legal acts and normative legal agreements, including differentiation of concepts «sources of law» and «forms of law»; problems of advanced lawmaking, «rule of law», principles of law, correlation between principles of law and norms of law, adoption of the Code «Sources and forms of law in Russia».
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Venzke, Ingo. "Making General Exceptions: The Spell of Precedents in Developing Article XX GATT into Standards for Domestic Regulatory Policy." German Law Journal 12, no. 5 (2011): 1111–40. http://dx.doi.org/10.1017/s2071832200017247.

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Judicial lawmaking in the GATT/WTO context has for some time drawn considerable attention. Some are inclined to show a sense of existentialist anxiety in view of the fact that legal practice does not neatly live up to the orthodox doctrinal order of things. Others see judicial lawmaking as (theoretically or practically) inevitable and tend to readily embrace it as a way of overcoming defunct political processes. Whatever its normative appraisal, as a matter of fact adjudicatory practice has developed some of trade law's cardinal norms. The rise and increasing sophistication of adjudication in
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31

Herbert, Felix. "The ILC’s Function beyond Codification and Progressive Development: Catalysing Customary International Lawmaking." Max Planck Yearbook of United Nations Law Online 27, no. 1 (2025): 215–49. https://doi.org/10.1163/18757413_02701009.

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Abstract This special issue invites us to assess the work of the International Law Commission (ILC) – past, present, and future – 75 years after its first session. To adequately assess the ILC and its work, an accurate understanding is necessary of precisely what its objectives are. According to its Statute, the ILC is tasked with the ‘progressive development and codification’ of international law. This article argues, however, that the ILC performs an essential yet underexplored third function, which goes beyond these two objectives: catalysing customary international lawmaking. In essence, p
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Overchuk, O. "METHODOLOGICAL BASES FOR THE RESEARCH ON THE MECHANISM FOR LAW-MAKING OF A UNITARY STATE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 35–39. http://dx.doi.org/10.17721/1728-2195/2019/4.111-7.

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The article deals with methodological bases for the of research on the mechanism for of law-making of a unitary state. The article is devoted to the study of the nature and role of methodology in the formation of the Ukraine's legal system during the law-making mechanism. Much attention is given to problematic approaches to determining methodological bases in law-making mechanism. The purpose of this article is to analyze the current state of lawmaking in Ukraine and to make proposals based on the methodology of law. The article explores the concept of methodology on the basis of which the met
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33

Minnigulova, Dinara. "International lawmaking as a determinant of improving the legal regulation of public procurement for the needs of the Russian Ministry of Internal Affairs system." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 4 (2023): 63–73. http://dx.doi.org/10.35750/2071-8284-2023-4-63-73.

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Introduction. International lawmaking is a source of a legal regulation of public procurement.
 Nevertheless, a defining of the system and the specifics of international agreements is required, regulating public procurement in the system of Russian legislative sources in this area, as well as the role of various international collaborations in determining the key aspects of the improvement of legislation on procurement for public needs (including the needs of the Russian Ministry of Internal Affairs system).
 Methods. Content analysis, descriptive and systemic methods of data analysi
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KUANYSHBAYEVA, Saule, Tugel BEKIMBETOV, Uldanay SARTBAYEVA, Gulmira MEIRKULOVA, and Bakdaulet TUREGELDIYEV. "Prospects of Improvement of Civil Liability Norms for Participants in Corporate Relations." Journal of Advanced Research in Law and Economics 10, no. 3 (2019): 828. http://dx.doi.org/10.14505//jarle.v10.3(41).18.

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The purpose of the study is an in-depth consideration of the grounds and the procedure for taking a civil action against participants in corporate relations. Modern corporate relations in the Republic of Kazakhstan have emerged relatively recently and are on the rise, which necessitates the constant attention of a lawmaker striving to protect the rights of all corporation members. Individual participants of corporate relations often perform illegal and bad-faith actions and use their powers for profiteering thus inflicting financial losses upon other participants. To thwart such activities, on
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35

Новіков, В.В. "Щодо розмежування понять «нормотворчість» і «правотворчість»". Академічні візії, № 2 (24 грудня 2021): 36–40. https://doi.org/10.5281/zenodo.5817107.

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The social system is part of a complex business. Its effective functioning requires internal regulators that regulate and apply its active particles. Such regulators are rules of conduct, which should be in normal norms. According to current legal information, doctrine is a rule of law that is diverse for everyone. Real estate, a matter of understanding and change, is that they are trying to create different rules that are not straightforward. To date, scientific discussions are ongoing regarding the correlation of the categories "rulemaking", "lawmaking", etc. This doctrin
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36

Kovalev, Nikolai S. "Implementation of equality principle of convicts under the law in the norms regulating the institution of convicts’ departure outside the penitentiary: some issues and ways to solve them." Current Issues of the State and Law, no. 17 (2021): 90–98. http://dx.doi.org/10.20310/2587-9340-2021-5-17-90-98.

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One of the areas of effective legal regulation of penal legal relations is the compliance of lawmaking and law-enforcement activities with the requirements of the fundamental provisions of penal legislation. The object of the research is the implementation of the equality principle of convicts un-der the law through the consolidation of equal rights, duties and legitimate in-terests of convicts in the penal legislation. The subject of the research is the penal legislation norms governing the institution of the convicts’ departure outside the penitentiary. We indicate the connection of the phen
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37

Ukhanov, Anton D. "Problems and Prospects of Advanced Legal Regulation in the Context of Digitalization Processes." Russian Journal of Legal Studies (Moscow) 10, no. 1 (2023): 45–54. http://dx.doi.org/10.17816/rjls121825.

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The processes of introducing digital technology into all spheres of human activity actualize the idea of advanced lawmaking, which is currently associated with the possibility of minimizing the risks of digitalization and preventing its threats. At the same time, while not completely new, this idea poses a number of independent problems, each of which should be taken into account when developing doctrinal and legal (strategic) acts aimed to advance the settlement of digitalization processes. The problems include, first, philosophical and ideological validity, second, the lack of proven theoret
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38

Batyushkina, Marina V. "Legal and linguistic uncertainty of terms and norms of Russian laws." Russian Language Studies 19, no. 2 (2021): 138–54. http://dx.doi.org/10.22363/2618-8163-2021-19-2-138-154.

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The article presents the results of a study of de jure (modeled) and de facto (real) interpretation of the concept legal and linguistic uncertainty, which is relevant for modern Russian legal discourse, lawmaking, judicial, and expert practice. These features are typical for Russian legal discourse, lawmaking, judicial, expert practice, as well as the scientific sphere of communication. The article is aimed at studying the objective and subjective reasons for legal and linguistic uncertainty of legislative terms and legislative norms; analysing the conditions under which uncertainty is conside
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39

Abdrasulov, E. B. "THE THEORY OF LAWMAKING AND ITS ROLE IN IMPROVING LEGISLATIVE ACTIVITY." Bulletin of the Eurasian Law Academy named after D.A. Kunayev 2023, no. 1 (2023): 3–10. http://dx.doi.org/10.61995/bela/2023.1.15.

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The article is devoted to the study of the theory of lawmaking, which encompasses the examination of concepts and approaches to legislative activity. It proposes the thesis that legislative technology should be based on the theory of legal regulation, which determines the scope and boundaries of legal regulation of public relations. The author argues that overregulation of public relations by law is unacceptable; this occurs when the state attempts to cover nearly all aspects of society with regulatory and legal influence. This situation is typically characteristic of totalitarian societies, w
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40

Rusinova, Vera. "Standard-setting and Normativity in International Governance of Interstate Relations in the Information and Communication Technologies Context." Legal Issues in the Digital Age 3, no. 1 (2022): 61–80. https://doi.org/10.17323/2713-2749.2022.1.61.80.

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The paper considers how the standard-setting path, taken by states with respect of the information and communication technologies (hereinafter: ICTs), correlates with the normativity in international governance of this sphere. The pro-normative reading of this question pushes to examine whether this path designates a prelawmaking phase, contributes to the interpretation of the lex lata general norms, or fills in the gaps that cannot be covered by the orthodox international lawmaking. The counter-normative reading assesses whether the standard-setting path precludes, contests, freezes, or subst
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41

Lvova, Olena Leonidivna. "Legal certainty as a value component of quality lawmaking." Alʹmanah prava, no. 15 (September 1, 2024): 328–39. https://doi.org/10.33663/2524-017x-2024-15-328-339.

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The article provides a theoretical, practical and legal analysis of the content of legal certainty as a value component of quality lawmaking. The author focuses on the substantive characterization of the quality of legislation, which is evidenced by clear legal certainty, scientific validity, and comprehensibility of the texts of legal provisions, as well as by the predictable, foreseeable result of their observance and application in the process of law implementation. It is also emphasized that on the way to European integration, Ukraine is implementing European legal norms, in the process of
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42

Bidzilia, Viktor. "CONFORMITY OF MORAL NORMS AS A DEMAND TO THE CONTENT OF A NORMATIVE LEGAL ACT." Visnyk of the Lviv University. Series Law 74, no. 74 (2022): 3–11. http://dx.doi.org/10.30970/vla.2022.74.003.

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The article is devoted to the general theoretical research of the issues on conformity of moral norms in the normative legal acts. The importance of the substantive part formation of the legal act is emphasized. The existence of established doctrinal approaches to the relationship between morality and law as regulators of social relations is stated. The criteria for distinguishing between law and morality are highlighted, as well as their common features are described. The object of the study is the Universal Declaration of Human Rights of 1948, the Convention for the Protection of Human Right
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43

Petersen, Niels. "Lawmaking by the International Court of Justice—Factors of Success." German Law Journal 12, no. 5 (2011): 1295–316. http://dx.doi.org/10.1017/s2071832200017314.

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The process of norm evolution and development in international law has been highly debated in recent international law and international relations scholarship. However, the debate focuses primarily on states or non-state actors as the agents responsible for shaping international law. In contrast, the role of the judiciary is often neglected in the debate. It is an open secret, though, that courts are not merely Montesquieu'sbouche de la loi, impartial arbiters, who apply and interpret exogenous norms. Armin von Bogdandy and Ingo Venzke have already pointed out that decisions for concrete cases
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44

Karnaushenko, Leonid. "The relation between the bases of law-making and legal awareness as a factor of social and legal relations." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (2020): 24–29. http://dx.doi.org/10.35750/2071-8284-2020-2-24-29.

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The article is devoted to the problem of the relationship between the value and purpose aspects of law-making on the one hand and the foundations of legal awareness on the other. The article analyzes the main factors influencing the process of formation of legal norms. The general meaning of law in society and its functional meaning are analysed. Factors of interaction between law and society at different levels of social organization are assessed. The main forms of attitude to legal norms are considered. A mechanism for assessing the law at the level of an individual world view is disclosed.
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45

Derevich, A. "Analysis of the regulation of international standards regulating the legal status of minors determined to determination of the freedom." Bulletin of Science and Practice 4, no. 12 (2018): 521–32. https://doi.org/10.5281/zenodo.2278128.

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The article examines the international legal regulation of the legal status of minors sentenced to imprisonment. The analysis of the norms, recommendations and principles in the field of enforcement of sentences, which are internationally accepted and binding on the states that have joined them, has shown that international standards are classified into general acts and specialized acts. The study of international norms, rules and standards regarding the treatment of minors sentenced to imprisonment and their implementation at the level of lawmaking and practice in the penitentiary system
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46

Svetlana V., Miroshnik, and Pukhnarevich Mikhail S. "Federal Security Service of the Russian Federation as a Subject of Lawmaking." Rossijskoe pravosudie, no. 7 (June 23, 2022): 13–20. http://dx.doi.org/10.37399/issn2072-909x.2022.7.13-20.

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The authors of this article set themselves the goal of revealing the features of the legal activity of the Federal Security Service (FSS) of the Russian Federation. Based on the provisions of scientifically based integrative legal understanding, using various methods of knowledge of legal reality (dialectical, general scientific and private scientific), they conducted an analysis of the existing doctrinal ideas about law-making, which made it possible to clarify the role and meaning of law-making as a category that dialectically links the sources of law and forms of law. The consideration of l
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47

Barcellos, Ana Paula De. "Devido processo legislativo, avaliação de custos e as opções hermenêuticas do STF." REVISTA QUAESTIO IURIS 15, no. 3 (2022): 1380–404. http://dx.doi.org/10.12957/rqi.2022.67635.

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ResumoO estudo visa a discutir a relação entre a consequência jurídica associada pelo STF ao descumprimento dos arts. 169, § 1º e 195, § 5º, da Constituição, bem como do art. 113 do ADCT, e a promoção do devido processo legislativo. Os três comandos exigem, dentre outras condutas, a avaliação dos custos associados às proposições normativas. Duas são as questões que se quer responder. As opções hermenêuticas do STF acerca dos dispositivos referidos devem considerar o impacto sobre o comportamento do Executivo e do Legislativo à luz da promoção do devido processo legislativo? E, em caso afirmati
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48

Potapenko, Evgeniy G. "Defects in the Interpretation of Provisions of the Law of Arbitral Procedure in the Modern Judicial Practice." Russian judge 12 (December 10, 2020): 15–19. http://dx.doi.org/10.18572/1812-3791-2020-12-15-19.

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The article gives examples of flaws in the interpretation of the rules of arbitration procedural law which are common in modern legal practice. It is noted that the tendency to simplification of the civil process, which is evidently manifested in lawmaking, is also characteristic of legal interpretation activities. The interpretation does not take into account the systemic connections of procedural norms. It leads to the fact that in practice legal provisions are formulated, they significantly affect the arbitration procedural form — the system of basic procedural guarantees. The author critic
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49

Vasiliev, S. A. "Lawmaking in the Context of the Theory of Correlation between Subjects of Constitutional Law." Lex Russica 76, no. 2 (2023): 9–21. http://dx.doi.org/10.17803/1729-5920.2023.195.2.009-021.

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The paper is devoted to issues related to the analysis of lawmaking and law enforcement activities in the context of the theory of correlation between subjects of constitutional law developed by the author of this study. Based on the standings of reputable researchers, the author systematically proves the thesis that the entire law-making process at any level must be based on the real needs of the society based on the relations between subjects that already exist. The author considers it impractical and ineffective to change established ties by creating new documents and applying organizationa
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50

Veremchuk, V. S., and D. O. Kozynska. "ON THE SIGNIFICANCE AND PROSPECTS OF JUDICIAL LAWMAKING AS A MECHANISM FOR ENSURING LEGAL CERTAINTY IN UKRAINE." Constitutional State, no. 57 (April 15, 2025): 30–38. https://doi.org/10.18524/2411-2054.2025.57.325381.

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It is determined that judicial lawmaking, i.e., the specific activity of judicial bodies consisting in the creation of legal norms through court decisions made in the resolution of particular cases, constitutes an essential element of Ukraine’s legal system, especially in the context of the rapid transformation of social relations and the necessity to improve legislation. Judicial lawmaking is viewed as a legal phenomenon that combines aspects of legal certainty and the flexibility of judicial practice. The focus is on the peculiarities of implementing this mechanism within Ukraine’s legal sys
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