N.N. Chernogor, M.V. Zaloilo

Improvement of Legal Regulation of Public Discussionon the Draft

2018. No. 4. P. 74–92 [issue contents]
The institute of public discussion of legal act draft as a way of interaction between societyand state, a form of direct participation of citizens in public administration is important forensuring the effectiveness of law-making. High-profile public discussions that have takenplace recently, as well as the adoption of some normative legal acts without prior publicdiscussion, which caused a negative reaction from the public, scientific and businesscommunity, demonstrate the need for further study of the institute of public discussionof draft which contributes to establish a dialogue between civil society and state, to raisethe level of public level of confidence in public authorities and local self-government. Thepurpose of article is the doctrinal justification of the ways to improving legal regulation ofpublic discussion on draft. Using formal legal, historical, systematic methods of research,as well as the method of modeling, the authors come to the following conclusions andproposals: on overcoming terminological uncertainty of the current legislative andsublegislative regulation concerning public discussion and public expertise; on includingregulations on public discussion of the draft normative legal act in the Federal law, it ismore preferable — in the Federal law «On normative legal acts» and in the Federal law«On public discussion of drafting» (more detailed special regulation) taking into accountthe available positive experience of subordinate entities of federation; on expanding thescope of application of public discussion and the circle of initiators of public discussion;on establishing an obligatory character of public discussions of the draft of the FederalConstitutional law and Federal law; about the inclusion of the most significant projectsof normative legal acts in special sections to the Internet portal «regulation.gov.ru» tofacilitate their searching; on the mandatory drafting of current and future plans of lawmakingactivity of the authorities alongside with their publication for public information(except for plans of drafting of documents constituting a state secret, etc.), which,among other measures will help to solve the problem of the insufficient popularity ofpublic discussion procedures. It is concluded that public discussion should become anobligatory element of the law-making process.
Citation: Chernogor N., Zaloilo M. (2018) Sovershenstvovanie pravovogo regulirovaniya obshchestvennogo obsuzhdeniya proektov normativnykh aktov [Improvement of Legal Regulation of Public Discussionon the Draft]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 74-92 (in Russian)
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