НОРМОТВОРЧЕСКАЯ ДЕЯТЕЛЬНОСТЬ ОРГАНОВ ИСПОЛНИТЕЛЬНОЙ ВЛАСТИ ПО ЗАКОНОДАТЕЛЬСТВУ РЕСПУБЛИКИ БЕЛАРУСЬ

Abstract

The article analyzes the rule-making activities of the executive authorities — the Government, ministries, and state committees, local executive and administrative bodies. The system of executive power, the legislative basis for its functioning are presented, attention is focused on the types of normative acts adopted by these bodies. Suggestions are made to improve the activities of executive bodies. Particular emphasis is placed on the analysis of the Law “On Normative Legal Acts” and appearing in connection with its entry into force innovations in legislation and law enforcement practice. Legal regulation should be reasonable, based on constitutional principles and norms as standards of modern legal understanding. Such components of the law-making process as the definition of the objectives of the act of legislation, analysis of the state of legal relations, forecasting the consequences of the adoption of a regulatory legal act, legal examination of the act, public and professional discussion of the project, legal monitoring, etc. are designed to promote the reasonableness of legal regulation. Reasonable legal regulation of social relations will be such regulation in which a legitimate result is achieved with the lowest cost of labor and resources. The legal basis for the standard-setting activities of local government and self-government bodies needs to be improved. In particular, the law should establish the range of subjects of the law-making initiative, whose proposals are subject to mandatory review by the competent authority. The analysis indicates the presence of problems in explanations, answers in connection with the vagueness of the provisions of the regulations. One of the options for improving the situation could be the adoption of a resolution of the Government of the Republic of Belarus aimed at streamlining the practice of giving clarifications by Executive bodies subordinated to the Government, regulatory legal acts. It could set out a number of fundamental rules to be followed