Legal rulemaking: the problem of quality measurement

Abstract

The problem of the qualitative measurement of legal rulemaking is described from the standpoint of the legist and the legalist doctrines. The scientific inconsistency of the legist approach to the implementation of legal rule-making, their denial of humanistic values as the basis of legislative activity is shown. The necessity of using the universal principles of law, universal human values and legal meanings as the basis of legal rule-making has been substantiated.

Qualitative reform of law-making activity, in particular, legislative, is now a sufficiently relevant aspect of legal reform in general. It is clear that the process of reforming the legislative process is not enough, because even the best laws can remain declarations if people are not ready to fulfill them. However, without human-type, humanistic legislation, too, can not do. It is necessary, and therefore to deeply change the legislative activity in favor of a person, its interests means to provide a solid foundation for solving the problem of realization of human rights, which so need modern Ukrainians.

Is not the main task and goal of legal reform now to be the humanization of all legal development, overcoming the state-centered dimension. At present, the reform in the legal sphere is chaotic, not well thought out, it is reduced mainly to changes in certain institutions (prosecutor's office, courts, police), but there are no fundamental changes there. It is impossible to make reforms in part, superficially, changing only the faces of people in a number of institutions and not changing their worldview, thinking, its deep codes. Legislative (law-making), state-centered thinking - these are the established concepts, categories, principles, values, codes, is a whole world outlook that needs to be overcome and to form a new worldview and a new humanistic attitude towards a person.

From the standpoint of the legist doctrine, the laws and their norms are the embodiment of the authority of state power, and therefore clearly are legal phenomena: "the law is a law", "the letter of law" above all: justice, human rights, the person himself, and others like that. That is, the criterion of legality for the legist is the will of the state power, its interest, which should correspond to the norm or act. To this criterion are added the mandatory implementation of the legal act, its effectiveness, logical requirements, language requirements, etc. Of course, in conditions of democratic legal development, such an interpretation of the principles of law-making should be rethought in accordance with the anthropological approach, which is possible from the standpoint of jurisprudentialism, and a criterion of legality that is not identical to state-controlled.

 Expanding the content of the criterion of validity from the standpoint of the naturalist approach, we address inalienable human rights, the meanings of law, legal values, which are identical with universal human values. In our opinion, the fundamental basis of legal rule-making should be the standards of human rights, the concentrated expression of which is the principle of the rule of law, which is in fact a megaprinciple, since it includes in substance a number of other principles: justice, freedom, reasonableness, equality, respect for a person, his life , honor and dignity, rights and freedoms; respect for private property, common good, etc., as well as a number of legal procedures that collectively provide a person with protection from arbitrariness of state power and any other. If such laws that destroy human values are taken systematically, a state of total injustice, a massive violation of human rights is created in the country.