legislative process

Expertise of Draft Laws within the Russian Lawmaking Process: Legal Theory and Classification

Introduction. The article is devoted to considering the institute of expertise of draft laws within the Russian lawmaking process.

Purpos. The main object of the paper is theoretical comprehension of the institute of expertise of draft laws within lawmaking process and classification of its particular kinds that Russian legislation comprises.

Results. The authors consider the scientific approaches to defining the correlation between the concepts of «lawmaking process» and «legislative process». The authors study the definition of the concept of «expertise of draft laws» putting aside the contiguous concept of «conclusion of a state authority body». It is proved that the distinctive attribute of expertise of draft laws is that it is carried out by competent persons – experts that possess special knowledge in a certain field. The authors provide an analysis of a set of legislative acts regulating certain kinds of expertise of draft laws within the stages of the lawmaking process. It is revealed that subjects, objects, terms of some kinds of expertise of draft laws as well as legal validity of expert reports are not determined in Russian legislation. It is carried out classification of the kinds of expertise of draft laws, embodied in the legislation on such criteria as an object and a subject of an expertise; an obligatory condition; the stage of the lawmaking process; legal force of expert reports.

Conclusion. The authors make the conclusion that a lack of scientifically based classification of the kinds of expertise of draft laws is the reason for which Russian legislation in the area contents many contradictions and gaps. It is proved that there is a need of systematization of Russian legislation regulating the institute of expertise. And this process should be based on the scientific studies and classification.