The concept and structure of the rule-making activity of the state as one of the types of human activity

Abstract

The article examines the theoretical and legal problems of the concept and structure of the rule-making activity of the state from the standpoint of the general scientific concept of activity and its structure. Activity is considered as work, actions of people, a specifically human form of attitude to the surrounding world, as a form of activity that characterizes the ability of a person or related systems to be the cause of changes in being. In the structure of activity, the concept and content of the goal (goals), subjects, object, means, as well as control over its implementation, are distinguished and disclosed. The purpose of rule-making activities includes the implementation of legal regulation, the protection of social relations, the achievement of its constitutional goals determined by the purpose of the state, the protection of human rights and freedoms, the provision of decent conditions for its life, the needs of the development of a democratic, social, legal state, the implementation of state tasks in the economic, social and cultural spheres, as well as the need to ensure the development of law, its systematization, maintenance of the entire array of legal acts in proper condition.The range of subjects of the state’s rule-making activity is outlined, which include state authorities authorized to adopt normative acts, local self-government bodies, their officials, and other subjects empowered by law to adopt (issue) normative acts. Disclosed means (substantive or substantial), means of implementation into the national legal system of international and European agreements, normative acts of the European Union, means and techniques of legal technique) and results of rule-making activity (there is a formal and legal form of expression of this activity in the form of a corresponding normative act and meaningful the result is regulated social relations).Forms of control over rule-making activities are outlined (the implementation of the entire range of professional and public examinations of normative acts, public discussions of draft normative acts, control checks within the powers of the relevant state authorities, monitoring the effectiveness of their implementation, judicial control in the process of challenging the relevant legal acts), as well as the assessment of the role of the procedural form of rule-making activity as one of the most important elements of rule-making activity, in which all other elements of rule-making activity are concentrated, is given.