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DOI: Legal policy as a fundamental basis for forming the concept of law‑making policy
Farangiz Bahodirovna , Theory and History of the State and Law. History of Legal Doctrines, Doctoral Candidate, Institute for Legislation and Legal Policy under the President of the Republic of UzbekistanAbstract
This article comprehensively highlights the theoretical and practical aspects of the concept of legal policy, its role and functional significance in public administration. As the subject of the study, legal policy is considered an important direction of state policy. The author analyzes the dual nature of legal policy — as policy based on law, and as law used as an instrument of political governance. The study reveals the theoretical foundations of the interaction between politics and law, emphasizing the need for their balance and consistency as a condition for democratic reforms. The methodological basis includes general theory of law, systematic, functional, and analytical approaches. The article scientifically substantiates the structure of legal policy, its types and forms of expression, in particular, the relationship between lawmaking policy and law enforcement policy. As a result, it is established that effective implementation of legal policy serves as a guarantee of democratic development. The conclusion emphasizes that legal policy represents the nationwide nature of state policy and is the main driving force of legal reforms. This approach contributes to establishing legal policy as an independent and leading category of legal theory.
Keywords
Legal policy, state policy, lawmaking
References
Korobova L.P. Legal Policy: Concept, Forms of Implementation, Priorities in Contemporary Russia. Cand. Jurid. Sci. Diss. Samara, 2000. pp. 32, 34.
Matuzov I.I. “The Concept and Main Priorities of Russian Legal Policy.” // Jurisprudence. 1997. No. 4. p. 14.
Livshits R.Z. State and Law in Modern Society (New Approaches to Key Problems of the Theory of State and Law). // Theory of Law: New Ideas. Moscow, 1991. p. 21.
Mazurenko A.P. Law-Making Policy in the Russian Federation: Problems of Theory and Practice. Cand. Jurid. Sci. Diss. 2004. p. 14.
Putilo N.V. “Legal Policy of the Modern Democratic State.” // Sociology of Law, ed. V.M. Syrykh. Moscow, 2002. p. 128.
Matuzov N.P. “Law and Politics in Their Interaction.” // Russian Legal Policy: Course of Lectures, ed. N.I. Matuzov & L.V. Malko. Moscow, 2003. p. 29.
Korobeev L.I. “Soviet Criminal Policy: Concept, Content, Structure.” // Problems of Soviet Criminal Policy, ed. L.I. Korobeev. Vladivostok, 1982. pp. 33–41.
Belyaev N.L. “Criminal Policy at the Present Stage.” // Criminal Law at the Present Stage: Problems of Crime and Punishment, ed. N.L. Belyaev, V.K. Glistin, V.V. Orekhov. St Petersburg, 1992. p. 12.
Belyaev N.L. Criminal-Law Policy and Ways of Its Implementation. Leningrad, 1986. p. 15.
Shundikov K.V. “Legal Means of Implementing Legal Policy.” // Jurisprudence. 1997. No. 4. p. 149.
Permyakov Yu.E. Introduction to the Fundamentals of Criminal Policy. Samara, 1993. p. 6.
Subochev V.V. Legal Policy of Contemporary Russia in the Sphere of Lobbying: Theoretical Problems. Cand. Jurid. Sci. Diss. Saratov, 2002. p. 145.
Rybakov O. “Concept and Features of Legal Policy.” // Legal Policy of the Subjects of the Russian Federation. Round-Table Materials. 26 Sept 2001. Vladivostok, 2002. p. 30.
Matuzov N.I. “General Concept and Main Priorities of Russian Legal Policy.” // Legal Policy and Legal Life. 2000. November. p. 28.
Malko L.V. “Contemporary Russian Legal Policy and Legal Life.” // Legal Policy and Legal Life. 2000. November. p. 15.
Malko L.V. “Contemporary Russian Legal Policy and Legal Life.” // Legal Policy and Legal Life. 2000. November. p. 15.
Morozova I.S. “The Place and Role of Benefits in State Legal Policy.” // Jurisprudence. 1997. No. 4. p. 150.
Malko L.V. “Contemporary Russian Legal Policy and Legal Life.” // Legal Policy and Legal Life. 2000. November. p. 15.
Korobova L.P. Legal Policy: Concept, Forms of Implementation, Priorities in Contemporary Russia. Cand. Jurid. Sci. Diss. Samara, 2000. p. 7.
Isakov N.V. Main Priorities of Contemporary Russian Legal Policy, ed. V.L. Kaznacheev. Pyatigorsk, 2003. pp. 29–30. — Malko L.V. “Contemporary Russian Legal Policy and Legal Life.” // Legal Policy and Legal Life. 2000. November. p. 15.
Malko L.V. “Contemporary Russian Legal Policy and Legal Life.” // Legal Policy and Legal Life. 2000. November. p. 15.
Rybakov O. “Forms of Implementing Legal Policy.” // Legal Policy and Legal Life. 2003. No. 2. p. 6.
Matuzov N.P. “Concept and Main Priorities of Russian Legal Policy.” // Jurisprudence. 1998. No. 4. p. 9.
Mazurenko P. Law-Making Policy in the Russian Federation: Problems of Theory and Practice. Cand. Jurid. Sci. Diss. 2004. p. 24.
Kolesnikov E.V. “Rule of Law and the Institution of Alternative (Non-Military) Service.” // Jurisprudence. 1998. No. 1. p. 131.
Mazurenko P. Law-Making Policy in the Russian Federation: Problems of Theory and Practice. Cand. Jurid. Sci. Diss. 2004. p. 26.
Rudkovskiy V.L. “Law-Enforcement Policy.” // Russian Legal Policy: Course of Lectures, ed. N.I. Matuzov & L.V. Malko. Moscow, 2003. pp. 205–222.
Matuzov N.I. “General Concept and Main Priorities of Russian Legal Policy.” // Legal Policy and Legal Life. 2000. November. pp. 32–34.
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