Trofimov V.V., Samorodov V.Yu. The Implementation of Law-Making Functions as a Manifestation of the Organizational Culture of a Legal Process
DOI: https://doi.org/10.15688/lc.jvolsu.2017.4.6
Vasily V. Trofimov, Doctor of Juridical Sciences, Associate Professor, Professor of Department of the Theory and History of State and Law, Director of Research Institute for State Legal Studies, Derzhavin Tambov State University, Internatsionalnaya St., 33, 392000 Tambov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Vladimir Yu. Samorodov, Doctoral candidate, the Department of the Theory and History of State and Law, Derzhavin Tambov State University, Internatsionalnaya St., 33, 392000 Tambov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. .
Introduction: the article deals with the legal concept of creativity as a planned and conscious way of law-making process, however, due to the social nature of law. The law-making activity is represented by a particular system, which involves the implementation of the necessary functions aimed at solving tasks of improving the modern legislation. The authors ‘ strivings are aimed at detecting the problems in the implementation of the law-making functions in the context of the organizational culture of law-making process. In this context, the purpose for this research work is to identify the above-mentioned problems, study them and offer reasoned cultural requirements to law-making process. By applying the general scientific methods (dialectic, analysis, synthesis, systemology, classification) and specially scientific (formal-legal, comparative law, interpretive, juridical linguistic, legal modeling) methods the authors attempted to reveal the subject of the article and get some new knowledge - heuristic results on the matter researched, including those indicating the compliance of law-making process with the certain specific cultural requirements. Results: the article presents a number of cultural and organizational requirements with the experience justifying the need of imposing them on law-making process. According to the authors, these requirements are intended to minimize the problems of implementing the law-making functions and make the process more efficient and its products (rules of law) more balanced, in the public interest, and socialized - perceived by the society. The relationship between the culture of the society and legal work are focused on. The scope of the results is a modern law-making process aimed at establishing the effective rules of law. Conclusions: law making is very important state-social activities; the results of its implementation determine the state of law and order in the society, and stable development of the state. During this process various functions are implemented. For them to be implemented effectively, the legal process itself of systematically-rational law-making should be at a high cultural level and meet a specific set of cultural requirements. In this regard, it is necessary to strive to improve the organizationаl culture of law-making process in all its phases and stages.
Key words: law, society, legislation, law-making, law-making functions, culture of law-making, judicial process, law-making technique.
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