THE CABINET OF MINISTERS AS A SUBJECT OF THE LAW-MAKING PROCESS: PROBLEMS AND SOLUTIONS IN LEGISLATION

Аннотация

INTRODUCTION Evaluating the activity of law creation as a social and legal process, it cannot be limited to the activity Law-making is an important form of public of creating law. It covers broader processes such as administration in society as a social phenomenon determining the need for legal regulation of social of administrative nature. Like any social process, relations in the life of society, preparing a this process is a conscious, goal-directed activity, regulatory legal document, adopting it based on the carried out through appropriate norms and purpose and need of regulation. practices. President Sh.M. Mirziyoev stated that "our country's strategic goal is to become one of the The activity of law creation can be explained as an 50 leading countries in the world in terms of important form of implementation of state power. ratings and indices (creativeness of norms, Legal scholars have given different definitions and effectiveness of government activity) in the field of descriptions of the activity of law creation. human rights and freedoms" [1]. https://www.theamericanjournals.com/index.php/tajiir 60 THE USA JOURNALS THE AMERICAN JOURNAL OF INTERDISCIPLINARY INNOVATIONS AND RESEARCH (ISSN- 2642-7478) VOLUME 06 ISSUE01 Legal creativity is a form of activity aimed at The law-making activity of the central collegial creating state legal norms and their improvement, body of the executive power is considered to have change and cancellation[2]. According to the a special place in the national legal system based on definition of legal scientist, professor H.T. the position and legal status of this subject in the Odilqoriyev, law creation is a special activity of system of state bodies. authorized state agencies and officials (in the case Some expert scientists evaluate the executive of the referendum, the entire nation) aimed at power as a branch of power with the nature of establishing, changing, improving and canceling legality, since the activity aimed at ensuring the legal norms[3]. The second of these definitions implementation of legal documents is primary in fully covers the activity of law creation compared the activity of the government. In contrast to the to the first, because the law is created through the legislative power, which has a primary, supreme direct participation of the people in the referendum character, the executive power has a secondary, to solve the most important issues in the life of the sub-legal character[5], Law-making activity of the society. The Russian researcher T. Tsgoev in his Cabinet of Ministers is its second-level activity. The scientific work emphasizes that the term activities of the first level are aimed at ensuring "establishment of law" fits the creation of law in the security, management, and regulation[6], believes form of a normative legal document, and lawyer E.Kasparov. In our opinion, these opinions emphasizes that it more accurately expresses the do not lower the position of executive authorities meaning of this specific activity. The term "legal in law-making activities. The reason is that law is creativity" is traditionally somewhat outdated[4]. the form of implementation of all powers of the As can be seen from the general nature of the government at the first level. Because, as Yu. definitions given above, the law-making activity is Sokolova pointed out, the function of regulatory an official type of activity that determines the way and legal regulation is carried out by the executive of life of society and the state and is carried out by power through the activity of law creation, and the authorized entities. It is as a result of this activity activity aimed at adopting regulatory legal that legal norms, which are a set of rules regulating documents carried out by the body of the executive social relations, are created. power in the course of the implementation of state administrative activities fulfills the function of Legal creativity is a creative activity of the state regulatory and legal regulation. is an integral that is related to power. State agencies regularly function of the executive power that ensures the perform the function of legal regulation of social increase[7]. That is, it is emphasized that all relations based on the needs of society's activities of the government aimed at management development. This requires that the process of law and regulation are provided directly through the creation continues regularly. product of its creation of law. In addition, the Legal creativity is the main and initial link of the government, in addition to its executive function, mechanism of legal regulation. This activity begins directly intervenes in the law-making process when new social relations are created in the life of aimed at regulating the life of the country. This society or when there is a need to reorganize situation shows that the activities of the executive existing relations, and when it is known that these authorities are extrem