Peculiarities of subordinate lawmaking in the conditions of digitalization
DOI:
https://doi.org/10.31489/2024l4/51-59Keywords:
lawmaking, normative legal act, law, mechanism of lawmaking, “electronic government”, gateway of “electronic government”, electronic digital signature, digital document, digital technologies, information system, Internet portal of open normative legal acts, lawmaking relations, by-laws, subjects of lawmakingAbstract
The problematics of this paper is determined by the increasing role of informatization and digital technologies in the modern legal process. The relevance of the topic under consideration is explained by the insufficient study of legal aspects of informatization and digital technologies in both domestic and international jurisprudence. Digital technologies have deeply entered the everyday life of our society. Digital technologies have greatly simplified and diversified forms of human activity. Lawmaking is no exception. The purpose of this paper is to identify the features and opportunities of information and digital technologies at different stages of the law-making process. The methods of formal logic and SWOT-analysis are used as the main methodological tools. Subordinate lawmaking differs significantly from lawmaking, as it includes more legal and organizational-legal actions carried out with the use of digital technologies. The main purpose of the article is to analyze the peculiarities of subordinate lawmaking in the conditions of digitalization, as well as to study the impact of digital technologies on the improvement of this process. The paper substantiates the necessity of normative formalization of the order of application of digital technologies in lawmaking activities. The novelty of the proposed approaches lies in the systematic study of strengths and weaknesses, as well as the potential of the use of digital technologies in lawmaking, and the analysis of possible threats to the security of institutions of law-making, subordinate lawmaking, legal regulation and law enforcement activity in the context of a new mechanism of lawmaking, corresponding to the modern needs of legal regulation of Kazakhstan.