Basic Technical and Legal Requirements for the Formulation of Legal and Regulatory Models of the Procedure in the Laws

Abstract

The purpose of this article is a theoretical and legal study of the problem of formulation of legal and regulatory models of procedure in the process of making laws in the context of application of rules and means of legislative technique, which will help to improve realization of rights, freedoms and duties of participants of legal relations. This research is based on philosophical worldview, general scientific and special methods of scientific knowledge. The use of such basic philosophical worldview methods as dialectical, idealistic, material and metaphysical helped to study technical and legal requirements for formulation of normative and legal models of procedure in laws through the prism of the rule of law, effective realization of human and civil rights and freedoms. Among the basic scientific methods of studying this problem can be called: Logical, axiologic, system-structural, system-functional, modeling, forecasting, etc. In this article special methods such as special-legal, comparative law studies and others were applied. Results of the study: As a result of the study, the basic technical and legal requirements to the formulation of legal and regulatory models of the procedure in the process of drafting laws were proposed and disclosed. The main parameters and conditions for the formulation of appropriate legal and regulatory models of procedure are analyzed, among which are the following: The emergence of material and procedural norms should be synchronous; ideally, the procedural norms should be of the same legal force as the material ones; material and procedural rules should be agreed in terms of content; procedural rules should be placed in the same normative acts, which contain material rules, which aim at the implementation of procedural rules; procedural rules should not be applied to the substantive side of material rules, especially to them; procedural rules should be legal, constitutional, legal, democratic, accessible, consistent, defined, predictable, etc.; the legal procedure should provide the degree of detail necessary to achieve the legal result and at the same time be rational; procedural rules should not be bureaucratic; legal procedures should, if possible, have the properties of multivariance and dispositibility; the procedure requires means of providing: legal, material, organizational, etc. The general conclusion is drawn that in the sphere of application of rules and means of legislative technique, including those concerning formulation of legal and regulatory models of procedure in laws, there is a need to form and implement a general systemic approach to application of rules and means of creation and systematization of laws.