PRINCIPLES DEPARTMENTAL RULEMAKING

Abstract

This scientific article reveals the system of principles of departmental rule-making. An analysis of scientific approaches to understanding the essence of lawmaking, which is a form of power and volitional activity of the state. Attention is focused on the fact that law-making is one of the stages lawformation. Based on the analysis of the scientific literature, the conclusion that rule-making and law-making are correlated as a part and a whole is substantiated. It is noted that rulemaking is a particular imperious state activity aimed at the implementation of the regulation of legal relations, providing proper conditions for realization of rights and freedoms. It is alleged that departmental rule-making is an integral part of rule-making. Based on the analysis of professional publications on the problems of understanding departmental rule-making, it is proposed to understand the latter as the activities of authorized government officials who, within their competence, create, change, supplement, repeal legal regulations aimed at regulating social relations. Emphasis is placed on the need to comply with the principles of law in the process of departmental rule-making. On the basis of the analysis of normative and scientific sources the general principles of departmental rule-making – legality, democracy, publicity, professionalism, scientificity, responsibility are allocated. Their analysis allowed us to conclude that the application of general principles in the process of departmental rule-making allows authorized entities to create the necessary, effective regulations. The necessity of allocating special principles of departmental rule-making is argued. Along with the special principles of departmental rule-making proposed by scientists, the latter are also proposed to include planning, forecasting, practical orientation. Emphasis is placed on the fact that in order to create proper legal regulation of public policy requires comprehensive compliance with both general and special principles in the implementation of departmental rule-making.