QUALITY OF LEGISLATION THROUGH THE PRISM OF COMPLIANCE WITH RULES AND MEANS OF LEGISLATIVE EQUIPMENT

Abstract

The article analyzes scientific approaches to defining the concept of “quality of legislation” and concludes that the quality of the law includes its substantive perfection, compliance with formal requirements, compliance with procedural aspects at the stage of adoption, as well as compliance with public needs and compliance at the stage of law enforcement. Rules and means of legislative technique are one of the characteristics of the quality of legislation. It is proposed to conditionally divide the rules of legislative technique into requirements on the content (system consistency, compliance with social needs and relevance, validity, unambiguity of provisions, logic, etc.) and requirements for the form (linguistic perfection, structure, which are designed to ensure the perfection of the legal act, etc.) It is proved that non-compliance with the rules and means of legislative technique is a common phenomenon of the modern legislative process and negatively affects the quality of all legislation. It is established that the main violations are non-compliance with the rule of systematic consistency of legislation, duplication of provisions of other regulations, violation of formal requirements, errors in terminology. The causes of mistakes are analyzed, among which a special place is occupied by the low level of culture of lawmaking and professionalism of lawmakers, the lack of a single system document that would summarize the existing rules and means of lawmaking. The main areas aimed at ensuring compliance with the rules and means of legislative technique are, firstly, the acquisition by deputies of the necessary legal knowledge and their application in practice and, secondly, improvement of normative-legal regulation of rules and means of legislative technique, in particular, development and adoption of a special legislative act, which will reflect the formal and substantive requirements for regulations.