PRINCIPLE OF SCIENTIFICITY IN THE PROCESS OF LAW-MAKING: THEORETICAL AND LEGAL ANALYSIS

Abstract

This article analyzes the essence, theoretical foundations and mechanisms of its implementation in practice of the principle of scientificity in the activity of normative-legal creativity. The author emphasizes the need for a scientific approach in the development of normative-legal documents, justifying the growing need for legal regulation in the context of the complexity of social relations in modern society. The various interpretations of this principle in the scientific literature are summarized, and it is argued that the principle of scientificity requires the development of normative-legal documents on the basis of scientific achievements, practical experience, the current social situation and expected social consequences. The article reveals the principle of scientificity in its inextricable connection with the principles of democracy and legality, and justifies the need to expand the participation of the scientific community at the planning stage of the process of creating normative-legal documents, prepare alternative projects and conduct an independent examination. In conclusion, it is emphasized that in order to increase the effectiveness of normative-legal creativity, it is an urgent task to further improve the principle of scientificity and develop mechanisms for its implementation.