О перспективах внедрения принципов нормотворчества в законодательство Республики Казахстан

Abstract

Within the framework of the current legal reforms, the streamlining of the rule-making system and the systematization of normative legal acts are of particular importance. An urgent issue remains the need to develop high-quality draft regulatory legal acts, adjust or cancel outdated norms, use foreign experience in norm-making. At the same time, the development of the national system of rule-making is impossible without taking into account the established scientific theories and ideas. Often, when developing legal norms, the principles of rule-making are declared, but they do not fill the provisions of a normative legal act with their content. There are isolated cases of appeal of bodies-developers of draft regulatory legal acts to fundamental scientific research, statistical data, and sociological research. As a result, the quality of regulations suffers, and conflicts and gaps arise. The article focuses on the issue of normative consolidation of the principles of rulemaking in the legislation of the Republic of Kazakhstan. The study is based on the study of the experience of post-Soviet countries. There are considered and analyzed the most common principles of rule-making. The article suggests measures to improve the national legislation in the field of rule-making activities, including by proving the need to introduce the principles of rule-making into the domestic practice of developing draft normative legal acts. At the same time, the emphasis is placed on the need to consolidate the principles of rule – making at the level of a legislative act - the Law of the Republic of Kazakhstan «On Legal Acts». This approach will make it possible to oblige all subjects of the rule-making process to use the principles of rule-making at the stage of developing a draft regulatory legal act.