Factors affecting the lawmaking process

Authors

  • N.S. Akhmetova
  • N.P. Starozhilova

Keywords:

lawmaking, lawmaking factors, objective factors, logic of the legal system, subject of legal regulation, method of legal regulation, draft law, concept of law

Abstract

In the article various forms of influence of social, political, economic and legal conditions on the process of lawmaking were considered. The novelty lies in the study of the role of modern factors of legal and socio-economic nature and their mutual influence in the process of lawmaking. It is noted in the introduction that the factors of lawmaking allow combining objective and subjective manifestations of social relations correctly. This improves the quality of legal acts and the effectiveness of legal regulation. The objective factors include the impact of globalization, the emergence of new subjects and objects of social relations. In the main part of the article, various criteria for the classification of lawmaking factors are used and specific examples of the influence of economic, social, political, and legal factors on the development of legislation were considered, for instance, in the field of licensing system, business regulation, and health care system. Some State programs, Messages of the Constitutional Council, lawmaking of the Astana International Financial Center as a special category of lawforming factors were considered. In conclusion, an assessment of the role of program documents in lawmaking was given and proposals for improving the legislation, governing the lawmaking activities of the IFC Astana were formulated.

Downloads

Published

2019-06-30

Issue

Section

THEORY AND HISTORY OF STATE AND LAW