One of the most complex processes and tasks of the state is the implementation of laws. Not only does the bill need to be developed, it is also necessary to clearly comply with all established requirements and go through all the procedures so that it officially appears as a full-fledged regulatory act.
Lawmaking
Lawmaking is necessary for society and the state to regulate private and public interests. It sets itself the following tasks:
- solving the most resonant issues for society, by setting up special procedures;
- introduction, amendment or termination of the rights and obligations of participants in such legal relations.
Legislation is regulated by the norms of the Constitution of the Russian Federation and includes the most important stages:
- Legislative Initiative.
- Discussion of the law in a bicameral parliament.
- Approval of the law.
- The signing of the law.
- Publication and entry into force.
The process of discussing and resolving the issue of approving the bill is quite clear and clearly regulated by the rule of law. The publication and entry into force of the law is also a fairly well-known procedure, which aims to familiarize citizens and other persons with changes to the old legal act or the adoption of a new one. However, the stage associated with the initiative is the most labor-intensive, and it is precisely to it that the most restrictions stand out.
Initiative
A legislative initiative can be considered from 2 sides: as a right and as a stage. The first of them is such a special competence of the subject that allows him to take part in lawmaking by introducing the corresponding draft (initiative) to the legislative bodies.
A legislative initiative as a stage of lawmaking involves the introduction of a bill or other proposal for consideration by the highest representative body, including on the adoption, amendment or termination of its effect.
Officially, it is the primary stage of the entire legislative process, but it is worth highlighting such a stage - the emergence of relations in society. After all, any law regulates them in the first place.
Who possesses it
The right of legislative initiative is limited to the circle of persons described in the Constitution. First of all, these are the highest representative bodies - the Parliament of the Russian Federation, which consists of the State Duma and the Federation Council. Further, it is worth noting the President of the Russian Federation.
Supreme legislative bodies (the Government) and the judiciary (the Supreme Court and the Constitutional Court) also have legislative initiative. And the list does not stop there.
The people of Russia also have the right to legislative initiative, given that their expression of will should be massive (though this right is provided only in some constituent entities of the Russian Federation). That is, one citizen does not have such a privileged right. Moreover, this is not constitutionally fixed, which at the moment, by the way, is the subject of debate in the legislature.
All statutory bodies listed above are subjects of legislative initiative.
Process features
The lawmaking process itself, if we consider the initiative as its stage, is quite laborious and requires special knowledge. That is why the circle of people covered by the legislative initiative is quite limited.
With the exception of the above stage of the emergence of new relationships or changes in old ones, such an initiative is not only primary, but also basic.The following stages are equally important:
- resolution of the issue of the need for a bill;
- the need for change;
- alignment with applicable law;
- approval and signing by the President.
It is worth noting that without initiative, there are no consequences at all. Relations remain unattended by the state, which means that their legal framework will either be undefined or so outdated that it will visibly constrain the participants. The bill should be adopted taking into account the interests of citizens, as well as the specifics of specific relations, which, of course, is necessary for their participants themselves.
