THE THEORY OF LAWMAKING AND ITS ROLE IN IMPROVING LEGISLATIVE ACTIVITY

Abstract

The article is devoted to the study of the theory of lawmaking, which encompasses the examination of concepts and approaches to legislative activity. It proposes the thesis that legislative technology should be based on the theory of legal regulation, which determines the scope and boundaries of legal regulation of public relations. The author argues that overregulation of public relations by law is unacceptable; this occurs when the state attempts to cover nearly all aspects of society with regulatory and legal influence. This situation is typically characteristic of totalitarian societies, which, not understanding or ignoring the objective limits of legal regulation, have often tried throughout history to impose legal regulation on many relationships that, for objective reasons, could not practically be regulated through law. This led to the devaluation of law as the primary regulator of public relations and to significant violations of human rights and freedoms. Additionally, the author examines the institute of legislative technology and notes that an important direction within legislative technology is adherence to the principles and provisions of legal theory. This theory addresses which relationships should be regulated by law and which should be subject to the regulatory impact of subordinate legal acts. The article also conducts a study of the norms of the Constitution of the Republic of Kazakhstan, concluding that, to eliminate ambiguous interpretations of legislative and subordinate regulation issues, the norms of paragraph 3 of Article 61 should be specified by a minor amendment, specifically by introducing the word "parties" into the norm. The concepts of normative or legislative technique are also analyzed.