Legal Language of Departmental Rulemaking: Problems of Legal Regulation and Practice

 
PIIS160565900030125-1-1
DOI10.61205/S160565900030125-1
Publication type Article
Status Approved
Authors
Occupation: Deputy Director, Department of the State Registration of Departmental Normative Legal Acts
Affiliation: Ministry of Justice of the Russian Federation
Address: Russian Federation, Moscow
Abstract

The presented article examines a topical problem of departmental rulemaking – the problem of the quality of preparation of departmental normative legal acts, which displays itself in the specifics of the lega  language used during their drafting by federal executive authorities and other government bodies and organizations authorized to regulate legal relationship (federal authorities). Approach to ensuring the quality of preparation of departmental acts subsequently affects the effectiveness of their implementation and, in the case of shortcomings, can lead to judicial appeal of such acts in the framework of cases of normative control.

The main purpose of this article is to identify, based on the results of an analysis of the Ministry of Justice of the Russian Federation practice, typical examples of mistakes connected with the legal language of departmental acts that negatively affect their quality and, accordingly, the effectiveness of the implementation of regulatory requirements they establish, as well as to formulate proposals for improving the quality of departmental rulemaking results.

When conducting the research, formal-logical and problem-theoretical methods, methods of analysis and synthesis, as well as legal design methodology were used.

Within the framework of the article some doctrinal positions on issues of ensuring the use of the Russian language as the state language are considered both from the positions of jurisprudence and philology. Based on the results of the study, as a result of summarizing the comments identified by the Ministry of Justice of the Russian Federation during the realization of the procedure of state registration of departmental acts, typical examples of mistakes connected with the legal language, which should be taken into account when drafting departmental acts, were formulated. Based on managerial and personnel problems, identified in the activities of federal bodies, leading to an insufficiently high of quality during drafting of departmental acts, and measures undertaken by the Ministry of Justice of the Russian Federation within the framework of its authorities to assist in eliminating this problem, recommendations were formulated to enhance the quality of departmental rulemaking. In addition, it was concluded that it is necessary to exclude the unreasonable use of foreign words (loan-words).

KeywordsDepartmental rulemaking, departmental normative legal acts, normative legal acts of federal executive authorities, state registration of departmental normative legal acts, the Ministry of Justice of the Russian Federation.
Received18.05.2024
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