Legal means in mechanism of law-making

Abstract

The article analyzes the approaches to the definition of legal means and provides the author's definition of this legal category. The author determines that the mechanism of law-making is maximally combined with the law-formation process and is a set of legal activities in this area. In addition, the article analyzes the stages of the law-making mechanism: the stage of preliminary formation of state will (project preparation), which begins with the stage of decision-making on project preparation, and the stage when work on the project enters the official phase and is carried out by the law-making body. Also, the author considers the problem of distinguishing between the mechanisms of law-making and law-formation and provides common criteria for both categories. The author of the article concludes that the main elements of the mechanism of law-making are legal means (in relation to the mechanism of law-making they are regulated by regulations of authorized state bodies for the adoption, amendment, repeal of legal norms); normative-legal acts, according to which the specified activity is carried out; acts of application of law; legal relations between the subjects of the law-making mechanism for streamlining and improving the law-making process. Also, according to the author, each stage of lawmaking consists of stages of law formation, each of which requires its own legal means to optimize this process: at the first stage there are objective prerequisites in the legal regulation of certain social relations, while the second stage of law-making associated with the formation of the very idea of the draft regulation or other official source of law. Keywords: legal means, mechanism of law-making.