The normative basis of law-making relations: Place in the legal system and experience of structural analysis

Lawmaking is the process of creating, amending, or terminating legal norms based on decisions by legislative bodies or the will of the people. Moreover, the legislative branch and civil society-without whose existence and active involvement effective lawmaking is impossible-must engage in a constant, comprehensive, honest, and open dialogue. It is in this aspect that the category of lawmaking relations should be considered within the context of lawmaking as a whole, to define the range of subjects of lawmaking relations, and to attempt to understand their nature. Interest in lawmaking remains strong, as do debates regarding its recognition as a distinct branch of law. This is explained by the nature of lawmaking and its role in the life of the state as such, and of the state as a dynamic, constantly evolving structure of societal life that changes under the influence of external and internal factors, with its immediate goal being the protection of the rights, freedoms, and legitimate interests of citizens. Many domestic researchers have dedicated their work to the problems of lawmaking, notably A.B. Vengerov, V.V. Oksamytny, A.V. Melekhin, V.I. Chervonyuk, and N.M. Chistyakov. This research employs the following methods of scientific inquiry: analysis, synthesis, comparison, modeling, forecasting, and abstraction. The object of the research is social relations arising in the sphere of lawmaking wjth a focus on the normative basis of lawmaking relations. The main conclusions of the research are the following. 1. Lawmaking law exists at the intersection of two branches of Russian law: constitutional and administrative, with a clear inclination towards constitutional law, particularly concerning the definition of the range of subjects of lawmaking relations (Article 104 of the Constitution of the Russian Federation). 2. The range of subj ects of lawmaking relations, as de facto defined in Article 104 of the Constitution of the Russian F ederation, should be supplemented with a provision recognizing civil society as a full-fledged subject of lawmaking relations, based on the principle that the people are the sole source of power in the Russian Federation. 3. Currently, the courts are not vested with a direct obligation to participate in lawmaking relations; however, the example of the Constitutional Court of the Russian Federation demonstrates a clear influence of judicial lawmaking on the Russian legal system as a whole, particularly on the most acute and relevant issues. 4. Acts regulating the sphere of lawmaking at the local level are characterized by a specific degree of detail not found at the federal and regional levels. This detailed regulation is justified, as it prevents ambiguity in the decision-making process. The authors declare no conflicts of interests.

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