Legal policy as a fundamental basis for forming the concept of law‑making policy

Аннотация

This article comprehensively highlights the theoretical and practical aspects of the concept of legal CITATION policy, its role and functional significance in public Farangiz Bahodirovna. (2025). Legal policy as a fundamental basis for administration. As the subject of the study, legal policy forming the concept of law‑making policy. The American Journal of Political Science Law and Criminology, 7(07), 45–53. is considered an important direction of state policy. The https://doi.org/10.37547/tajpslc/Volume07Issue07-09 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 COPYRIGHT theoretical foundations of the interaction between © 2025 Original content from this work may be used under the terms politics and law, emphasizing the need for their balance of the creative commons attributes 4.0 License. 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, law enforcement, political-legal system, legal regulation, democracy, rule of law. Introduction: In the process of building a modern rule- of-law state, the inseparable link between politics and law is gaining ever greater importance. In particular, legal policy is an important avenue of state activity aimed at regulating society through law and ensuring social stability, while defining its theoretical foundations The American Journal of Political Science Law and Criminology 45 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology remains one of the pressing issues of jurisprudence. sustainability of social relations. Otherwise, a continuous chain of political changes arises (a zone of The purpose of this article is to provide a theoretical political instability), leading to great hardships for analysis of the essence and content of the concept of people. Practice shows that under normal conditions legal policy, its structure and principal types, and to law and politics can act as allies, closely cooperating elucidate the place of legal policy within the policy of with each other and assisting one another in achieving law-making. common goals. This is possible if politics is legally Within the scope of the study, the views of scholars oriented and develops and is implemented by legal such as A.P. Mazurenko, N.I. Matuzov, A.V. Malko, L.A. means, corresponding to the ideals of law—that is, if it Korobova, O. Rybakov, N.V. Putilo, K.V. Shundikov, N.V. is legal in nature. Isakov, and V.V. Subochev on legal policy are In a modern democratic political system, law performs examined. Their approaches allow legal policy to be at least two principal functions: first, it protects the considered as an effective strategy of legal regulation. private interests of individual citizens and their At the same time, other approaches are critically associations; second, it recognizes, confirms, or rejects examined as well—such as the narrow view of politics the possibilities of particular actions by political actors— as a process carried out exclusively by legal that is, it legitimizes politics while simultaneously instruments. ensuring the legitimacy of the decisions adopted. [1, 34- METHODS p]. The study explores the dual nature of the concept of The validity of this approach is confirmed by the view legal policy on the basis of the interrelationship of its that a genuinely democratic political regime does not components—the policy of law-making and the policy exclude the struggle for political power. However, the of law enforcement. The hierarchy of normative legal role of law in this process lies in ensuring the creation acts and the influence of legal policy on the principle of and strengthening of just political and state institutions the rule of law were also examined. and legal norms that correspond to the natural rights As its methodology, the research employed methods and freedoms of individuals, provide non-violent and of systems analysis, the logical-analytical method, lawful forms of conflict resolution, and facilitate civilized comparative analysis, and interpretation of normative political discourse. [2, 14-p]. documents. The object of the study is the theoretical Thus, it can be said that law