Principles of law-making activity: theoretical and legal characteristics
Abstract
The article provides a theoretical and legal description of the principles of law-making activity, in particular, it focuses on defining the understanding of law-making activity from a normative and scientific perspective, revealing the inherent varieties of principles enshrined in legislation that ensure the processes of its implementation. Since each of them serves as the basis for the formation of high-quality and effective legislation, which aims to avoid various kinds of gaps and conflicts. It is noted that law-making activity is an activity carried out by relevant entities, which include state authorities, local self-government bodies, their officials and other entities provided for by law in relation to the issuance of regulatory acts. Each of them adopts regulatory acts of varying legal force, in particular laws and subordinate regulatory acts, which occupy a corresponding place in the hierarchy of legislation. The importance of the principles of law-making is revealed in detail, in particular, it is noted that every democratic and legal state cannot do without them in the process of adopting regulatory legal acts. The author took as a basis the list of principles defined by the legislator, namely, the characterization of the principle of the rule of law, which consists in the implementation of the basic ideas, ideas about the value and ideals of legal norms, and also partially includes the principle of legality, which provides for compliance with laws, the principle of legal certainty, which requires a clear formulation of the content of legal norms, the principle of preventing abuse of power, which is aimed at preventing the adoption of unlawful decisions, the principle of equality and non-discrimination regarding the provision of equal conditions for the implementation of human rights and freedoms, the principle of access to justice regarding the inviolability of the implementation of the human right to appeal to court. Separately, the principle of priority of the establishment of human rights and freedoms, compliance with international standards, which have special socio-political significance, is considered. Also, an analysis of the principles of democracy, proportionality, necessity and justification, systematicity, scientificity, and resource availability was carried out. It was determined that all the established principles in their entirety are aimed at ensuring the interests of society and establishing order in the sphere of law-making activity.
Fields of Study & Subjects
Ukrainian Legal and Forensic Studies
Legal
Health
Environmental and COVID-19 Challenges
War
Law
and Justice
Publication details
- Journal / source
- Uzhhorod National University Herald Series Law
- Publisher
- Uzhhorod National University
- Volume
- 1
- Issue
- 93
- Pages
- 135–143
- Publication date
- 19 March 2026
- Language
- UK