Volume 02 Issue 05-2022
12
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
05
Pages:
12-18
SJIF
I
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
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5.489
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Servi
ABSTRACT
This article analyzes the importance of the principles in the law-making activities of the prosecutor’s office, the
organization of cases in accordance with them. The scientific and theoretical views of scientists working on the
principles in the creative activity of law are highlighted, some scientific author’s views in this area are highlighted. The
participation of the prosecutor’s office in law-making was studied from the point of view of general principles and
special types. The category of general principles includes legitimacy, unity and centralization, independence,
transparency, etc. Special principles include democracy, humanity, justice, a systematic approach, planning, scientific
validity, professionalism, resource and other security, expediency and systematization of lawmaking.
KEYWORDS
Lawmaking, prosecutor’s office, principles, law enforcement, legality, regulatory legal acts, general principles, special
principles, transparency.
Research Article
VALUES OF PRINCIPLES IN THE ACTIVITY OF LAW-MAKING IN THE
PROSECUTOR’S OFFICE
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue05-03
Saidov Shoxruxxon Muzaffarovich
Republic of Uzbekistan, Prosecutor General’s Academy basic doctoral student,
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 05-2022
13
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
05
Pages:
12-18
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
INTRODUCTION
The prosecutor’s office is a subject of law-making
carried out by the state. Functions of the prosecutor’s
office i reflects its essence and role in the state
mechanism
1
. The main purpose of this function of the
Prosecutor’s Office is to ensure the rule of law,
strengthen unity and the rule of law, protect the rights
and freedoms of man and citizen, as well as the legally
protected interests of society and the state.
The participation of prosecutors in the rule of law
allows to prevent violations of the normative and legal
acts in this area of social relations by means of the
means established by law, by identifying and
eliminating inconsistencies with the Constitution and
laws.
The entry into force of the necessary, non-
contradictory and high-quality normative legal acts will
create favorable conditions for all legal entities to
pursue their legitimate interests. As a result, there will
be a positive change in such needs, which will lead to
further improvement of the legal regulation of
developing social relations.
At the same time, due to the efforts of prosecutors,
violations of the law will be eliminated at the stage of
preparation of normative legal acts. This significantly
reduces the workload of the prosecutor’s office’s
oversight units, eliminating complex and costly cases
of protesting against illegal legal documents and
litigation.
Participation of the prosecutor’s office in law-making
activities is carried out in accordance with certain
1
Ергашев Е.Р. Институты прокурорского надзорно-
охранительного права // Российский юридический
журнал. – 2008. – №3.
principles. After all, law-making activity, by its very
nature, cannot be carried out without certain
principles. The participation of the prosecutor’s office
in law-making activities is carried out in accordance
with certain principles. Legal principles are general,
guiding rules that define the important aspects and
characteristics of this multifaceted and multi-level
activity, as well as the basic requirements for it.
MAIN PART
Because the principles define common features and
requirements, they are mandatory for all participants
in law-making activities. The basic principles include,
firstly, the principles that reflect the main, objectively
necessary aspects and aspects of lawmaking, and
secondly, the principles that characterize the
permanent, naturally existing relationships and
connections in the lawmaking process. An important
feature of legal creativity is to carry out such work on
the basis of certain principles, including legality,
science, professionalism, speed, planning.
In particular, according to D.J. Pashtov, in participating in
law-making activities, the prosecutor’s office adheres to
the following principles: general principles - legitimacy,
unity and centralization, independence, transparency;
special principles of lawmaking - democracy, humanity,
justice, systematic approach, planning, scientific basis,
professionalism, resource and other security, feasibility,
systemicity of lawmaking
2
.
2
Паштов Дж.Р. Участие прокуратуры в законотворческой
деятельности законодательных (представительных) и
Volume 02 Issue 05-2022
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International Journal Of Law And Criminology
(ISSN
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VOLUME
02
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05
Pages:
12-18
SJIF
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)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
In our opinion, the following principles of the participation
of the prosecutor’s office in lawmaking can be highlighted:
The principle of legality - means that all normative legal
acts must comply with the laws on the content, form
and order of publication, other documents of higher
authorities;
The principle of democracy - has a number of
manifestations, one of which is the existence of
democratic procedures in the development,
discussion and adoption of draft laws and other
regulations;
The principle of transparency - the open nature of this
activity, the availability of extensive and systematic
information about it. Transparency of the law-making
process is inherent in all its main stages: preparation of
projects, their initial discussion, adoption of
documents, informing the public about the adopted
legal documents and their implementation;
The principle of humanity - normative-legal documents
provide for the expression and protection of universal
values, natural human rights, the interests of which
must be at the center of lawmaking;
the principle of fairness - implies the need to take into
account social expectations and the actual readiness
of the subjects to fulfill its instructions;
The principle of scientific substantiation of legal creativity
- includes several components: the study of the
objective needs of each document, the practice of
applying existing laws, the correct choice of method of
legal regulation, the structure of placement of legal
material, the near and future taking into account the
possible consequences, etc .;
исполнительных
органов
субъектов
Российской
Федерации: дисс. … канд. юрид. наук. – М., 2014.
3
Малько А.В., Шундиков К.В. Правовая политика
современной России: цели и средства // Государство и
право. – 2001. – № 7. – С. 19; Поленина СВ., Гаврилов О.А.,
The principle of professionalism - involves the
participation of qualified professionals in certain areas
of social life with appropriate training, extensive
experience and sufficient knowledge in making new
legal decisions. Professional law is of great importance
for the subjects of the creative process. At the same
time, the planning of law-making activities should be
not only short-term, but also long-term, taking into
account the strategic objectives of society and the
state. The speed of law-making, which allows to
ensure the timely legal regulation of social relations, is
also important
3
;
The principle of systematization and consistency - implies
consistency in the implementation of the rule of law,
the mandatory compliance of each normative legal act
with the Constitution, other laws and norms of
international law;
The principle of continuous development and timely
implementation of lawmaking - an integral condition
of lawmaking that meets the needs of society and the
state.
All the listed principles are, in essence, the basic principles
of lawmaking, and the prosecutor’s office must take them
into account when participating in lawmaking. The
participation of the prosecutor’s office in law-making
activities is based on the principles of unity, centralization
and independence, as well as the general principles of the
prosecutor’s office and its organization.
RESULTS AND DISCUSSIONS
The principle of legality of legal activity implies the
supremacy of law and the rule of law in the system of legal
documents and the compliance of other normative legal
Колдаева Н.П., Лукьянова Е.Г., Скурко Е.В. Некоторые
аспекты развития правотворчества в современной
России // Правовая политика и правовая жизнь. – 2006. –
№ 1. – С. 7.
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SJIF
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Publisher:
Oscar Publishing Services
Servi
acts with it. Contrary to this principle and the inconsistency
of law enforcement practice is a violation of the rule of law
4
.
An important constitutional requirement to ensure the
legitimacy of the participation of the prosecutor’s office in
legislative activity is to prevent the inconsistency of legal
acts with laws and the unconstitutionality of laws. Thus,
the strict, binding nature of normative legal acts does not
mean that the state bodies adopting these documents act
at their own discretion and outside any legal framework.
The principle of the supremacy of the Constitution and
laws throughout the country is enshrined in Article 15 of
the Constitution.
The next principle is the principle of unity and
centralization. In our opinion, unity and centralization in
modern conditions is the only principle of organization and
activity of the whole prosecutor’s office. The
subordination of subordinate prosecutors to superior
prosecutors shall be determined by the Procurator-
General.
Prosecutors use a single procedure and legal means to
protect the rights and freedoms of man and citizen, the
interests of society and the state protected by law, to
eliminate violations of the law. This means that the
creation and operation of prosecutor’s offices that are not
part of a single system of the prosecutor’s office is not
allowed. Each prosecutor shall act on behalf of the country
in the relevant territory or in the field of legal relations.
It should be noted that the principle of unity and
centralization should not be understood as a principle of
monopoly that cannot be fully applied to the prosecution
system, as each prosecutor is legally protected and
independent in his or her work.
4
Теория государства и права. – М.: Норма, 2006. – С. 275.
Another principle of participation of the prosecutor’s
office in legislative activity is the principle of independence.
This means that the prosecutor’s office exercises its
powers independently of other state bodies, public
associations and in strict accordance with applicable law.
An important guarantee of the independence of
prosecutors is the inability of prosecutors to join and
participate in politically motivated public associations. The
establishment and activity of public associations and their
organizations pursuing political goals in the bodies and
institutions of the Prosecutor’s Office shall not be allowed.
Prosecutors are not bound by the decisions of public
associations in their official activities. This rule applies not
only to prosecutors, but also to scientific and pedagogical
staff of prosecutor’s offices, other employees of the
prosecutor’s office and institutions with a degree.
The principle of independence of prosecutors is also
ensured by their professionalism, integrity, ethical qualities
and knowledge of applicable law.
It can be concluded that the independence of the
prosecutor’s office in exercising its legislative powers fully
meets international requirements, in particular the
Recommendation of the Parliamentary Assembly of the
Council of Europe No. 1604 (2003) "On the Role of the
Prosecutor’s Office in a Democratic Legal Society". and the
need to completely eliminate interference from which
sector, and to meet the requirements of Recommendation
No. 19 (paragraphs 9, 10, 36a) of the Committee of
Ministers of the Council of Europe “On the Role of the
Prosecutor’s Office in the Criminal Justice System” Rec
(2000).
The principle of compulsory compliance with the
requirements of the prosecutor is directly stated in Article
6 of the Law on the Prosecutor’s Office "Obligation to
Volume 02 Issue 05-2022
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Publisher:
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comply with the requirements of the prosecutor." The
requirements of the procurator arising from the powers
provided by law must be complied with within the
established time limits; statistical and other information,
certificates, documents and their copies, necessary for the
performance of the functions assigned to the prosecutor’s
office, shall be provided free of charge at the request of
the procurator; failure to comply with the requirements of
the procurator arising from his powers, as well as failure to
appear at his summons shall entail liability established by
law.
The principle of transparency means openness and a
certain degree of publicity of the activities of prosecutors
and prosecutors, openness to the public and the media.
Through its implementation, the society exercises control
over the activities of the prosecutor’s office .
Adherence to this principle will help society and public
authorities to be aware of the rule of law and order in the
country, increase the level of legal awareness of the
population and, ultimately, strengthen the rule of law.
This principle means that as a result of lawmaking, the
hopes, interests and needs of the majority of the people
must be reflected in the laws
5
.
It is the result of legislation that reflects the rights and
responsibilities of citizens - laws must be brought to the
attention of citizens. Citizens should be able to know the
requirements imposed on them by law.
The final document of the Vienna Meeting of the
Conference on Security and Co-operation in Europe of 15
January 1989 stated that the States Parties to the
Conference on Security and Co-operation in Europe
"should publish all laws, administrative rules and
5
Гребенников В.В. Правовая система станет прозрачной
// Известия. 2001. 28 июня
procedures relating to their fundamental freedoms and
create conditions for their free exercise ”.
In accordance with the Constitution of the Republic of
Uzbekistan and the Law "On regulatory legal acts",
regulatory legal acts must be officially published. However,
any normative legal acts affecting the rights, freedoms and
obligations of an individual and a citizen may not be
applied unless they have been officially published for all
attention.
In our opinion, the main ways to ensure the transparency
of lawmaking are the meetings of draft laws and
regulations with the participation of legal scholars and
experts in the working groups of prosecutors at various
levels, "roundtables", meetings of coordinating councils of
law enforcement officers, academic councils of the
Academy is a wide-ranging discussion in the classroom
with the audience, in small classes, and so on.
The humane principle of law-making activity. The humane
nature of a normative legal document is related to its
compliance with ethical principles. There should be
nothing in it that compels a person to commit immorality.
This means that the goals and instructions of the
normative-legal document should be ethically oriented
and become "internal" (moral) regulators of human
behavior . Strengthening the moral capacity of a normative
legal act increases its legal value, eliminates the problem of
contradiction between the normative legal act and the
scope of persons to whom it is applied, and they are the
basis of legal action
6
.
The principle of justice. This principle applies, first of all, to
the content of normative-legal documents, not to
individual social groups, but to their conformity to the
needs of society. In our opinion, prosecutors with
6
Червонюк В.И. Теория государства и права: Учебник. М.:
ИНФРА-М, 2006. С. 380, 381.
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02
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Pages:
12-18
SJIF
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FACTOR
(2021:
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)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
extensive experience in the field of law enforcement can
make the necessary proposals to ensure that the project
fully meets the principle of fairness in the development of
a draft regulatory document.
The principle of scientific substantiation of legal creativity.
It includes the development of a science-based strategy of
lawmaking in the country and in administrative-territorial
units; forecasting the social consequences of the impact of
new norms; covers both national and world legal science
achievements,
taking
into
account
scientific
recommendations.
A systematic approach and the principle of planning the
development of law-making activities are ensured through
the planning of law-making activities. In essence, planning
emerges as the basis for high-quality law-making activities
and serves as a factor contributing to the orderly
development of legislation and the formation of a
complete legal framework
7
.
In this regard, R.K. Nadeev said, “The haste in the adoption
of laws often leads to the fact that the laws do not have
mechanisms for their implementation and accountability
for non-compliance. The legislature deprives itself of a
significant share of power when it entrusts departmental
legitimacy to address the most important issues in the
documents
8
. ”
CONCLUSION
The above-mentioned aspects simultaneously create
conditions and guarantees not only for the interests of
7
Забарчук Е.Л. Саломаткин А.С. Участие органов
прокуратуры в правотворческой деятельности органов
государственной
власти
субъектов
Российской
Федерации и органов местного самоуправления. – М.:
Изд. СФ РФ, 2010. – С.11
8
Надеев Р.К. Правовое обеспечение законопроектной
деятельности Государственной Думы. – М.: Издание
Государственной Думы, 1997. – С.4.
prosecutors directly involved in the law-making process,
but also for the interests of citizens, society and the state
as a whole when the case is properly organized.
In addition to the above, V.I. Chervonyuk emphasizes the
principle of resource and other support of the law-making
process. The specificity of this principle is reflected in the
use of a system of special tools (organizational, technical,
legal, etc.) for the organization of this activity in the
practice of lawmaking, which provides for the
development of effective methods of lawmaking in the
adoption of reasonable regulations. In this regard, the
researcher includes the following in the means of ensuring
the activities of lawmaking: information support; planning
and programming of these activities; use of legal creativity
experiment; expert opinion; organizational and legal
support of legal creativity
9
. In this regard, R.Z. Zafarov also
provided information on the normative activity, its legal
basis is not defined in a separate normative legal act or in
any specific part of the normative legal act. He argues that
the quality and practical effectiveness of the adopted
legislation depends on the information collected in the
norm-making process and the extent to which they are
analyzed
10
.
L.A.
Morozova
emphasizes
the
principle
of
systematization of lawmaking and the fact that the
adopted normative legal acts are "absorbed" into the
existing legal system, do not contradict other existing
documents, do not have conflicts, gaps, duplications, and
9
Червонюк В.И. Теория государства и права: Учебник. –
М.: ИНФРА-М, 2006. – С. 381.
10
Зафаров Р.З. Норма ижодкорлиги жараёнини ахборот
билан таъминлашнинг
ҳ
у
қ
у
қ
ий асослари та
ҳ
лили // Science
and Education. – 2021. – №2(5). – Б. 803-804.
Volume 02 Issue 05-2022
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
05
Pages:
12-18
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
in this case the social states that it should use the means of
regulating relations
11
.
In short, the prosecutor’s office follows the following
principles when participating in law-making activities:
1)
General principles: legitimacy, unity and centralization,
independence, openness;
2)
Special principles of lawmaking: democracy,
transparency, humanity, justice, scientific basis,
professionalism, systematization and consistency,
continuous development and timely implementation
of lawmaking.
REFERENCES
1.
Ергашев
Е.Р.
Институты
прокурорского
надзорно-охранительного права // Российский
юридический журнал. – 2008. – №3.
2.
Паштов
Дж.Р.
Участие
прокуратуры
в
законотворческой
деятельности
законодательных
(представительных)
и
исполнительных органов субъектов Российской
Федерации: дисс. … канд. юрид. наук. – М., 2014.
3.
Малько А.В., Шундиков К.В. Правовая политика
современной России: цели и средства //
Государство и право. – 2001. – № 7. – С. 19;
Поленина СВ., Гаврилов О.А., Колдаева Н.П.,
Лукьянова Е.Г., Скурко Е.В. Некоторые аспекты
развития правотворчества в современной
России // Правовая политика и правовая жизнь.
– 2006. – № 1. – С. 7.
4.
Теория государства и права. – М.: Норма, 2006.
– С. 275.
5.
Гребенников В.В. Правовая система станет
прозрачной // Известия. 2001. 28 июня
11
Морозова Л.А. Теория государства и права: Учебник.
Изд. 2-е, перераб., доп. – М.: Эксмо, 2007. – С.280.
6.
Червонюк В.И. Теория государства и права:
Учебник. М.: ИНФРА-М, 2006. С. 380, 381.
7.
Забарчук Е.Л. Саломаткин А.С. Участие органов
прокуратуры в правотворческой деятельности
органов государственной власти субъектов
Российской Федерации и органов местного
самоуправления. – М.: Изд. СФ РФ, 2010. – С.11
8.
Надеев
Р.К.
Правовое
обеспечение
законопроектной
деятельности
Государственной
Думы.
–
М.:
Издание
Государственной Думы, 1997. – С.4.
9.
Червонюк В.И. Теория государства и права:
Учебник. – М.: ИНФРА-М, 2006. – С. 381.
10.
Зафаров Р.З. Норма ижодкорлиги жараёнини
ахборот
билан
таъминлашнинг
ҳ
у
қ
у
қ
ий
асослари та
ҳ
лили // Science and Education. –
2021. – №2(5). – Б. 803-804.
11.
Морозова Л.А. Теория государства и права:
Учебник. Изд. 2-е, перераб., доп. – М.: Эксмо,
2007. – С.280.
