Educational program on specialty “Law-making activity” implemented in accordance with state standard of Higher professional education. Law-making activity is UpToDate and establishing the given specialty has the following circumstances. Specialty “Law-making activity” established taking into account aims, tasks and priorities of national development of Tajikistan with the purpose of labor market, increasing professional qualities of the subjects of law-makers (deputies of parliament, staff of law-enforcement agencies, ministries, state committees, rural Jamoats, juridical counsel, advisors of state enterprises, corporative offices) training projects of normative- legal acts with obeying language, stylistic, logic and other rules of law-making technics. Law-making activity requires wide historic-legal knowledge because in law-making process the key role play national traditions, signs of national culture, historically existed traditions. Working out and passing laws and other normative-legal acts must be implemented with account of priority of national interests of the Republic of Tajikistan.
The specialists should be trained taking into consideration to the professional activity at state bodies, different types of enterprises, development of information technology, digital artificial intellect, their use in law-making activity.
Introduction of this specialty were discussed at international conferences several times. For instance, this specialty was supported by the participants of 4-th international scientific conference (Modern education) directions of development. “Innovation approaches to the teaching of public and humanitarian disciplines” Moscow Teaching State University, 25-26, April, 2019) One of the other factors demanding introduction of new specialty connected with widening law-making activity in modern countries including post-soviet countries, in the period radical changes in the life of society. This process implemented taking into consideration objective requirements of life of society and at present leads to passing many laws and other normative legal acts. Naturally, excess number of normative legal acts leads to contradicts between them or between their norms.
In national strategy of development of the Republic of Tajikistan for the period till 2030, defined priorities of national development in the branch of education, health care, employment of population, to overcome inequality, fight against corruption, ensuring food security, effective management, social protection of population, prevention of possible conflicts, energy security, ecology and management of demographic processes. Achievements of pointed priorities, naturally ensured in the scope of law-making activity. In national strategy of national development pointed: “Consolidating of public protection, ensuring access to quality food, decreasing social and gender inequality in all their appearances, including the questions of sustainable ecology will serve the main directions of development of legislative, executive and judicial bodies” Social protection of population, approach to quality food products, food energy, ecological, economic, information, biological and sanitary epidemiological security, state management, management of demographic processes, requires adoption of normative-legal acts in the process of law activity.
In the Concept of law policy of the Republic of Tajikistan for the years of 2018-2028 defined the following aims and priorities of law-making activity policy of Tajikistan: preparing and passing normative-legal acts in the branches of constitutional, civil, entrepreneurial, financial, banking, custom, tax, criminal, administrative, civil-procedural, criminal-procedural, procedural-economic, criminal execution and other legislation; ensuring efficient law-making activity and its sustainable; prevention and solution of conflicts, non-accordance, spaces, repeating in laws, elimination of lost significance and ineffective legal norms; providing accordance normative-legal acts of the Republic of Tajikistan to recognized by Tajikistan international legal acts; improving legislation of Tajikistan taking into account development of new public relations, systematize of normative legal acts, including codification of legislation in terms of increasing mass laws and bylaws normative-legal acts; elimination of incongruity and decreasing number (quantity) of repeating normative-legal acts; improvement and single form of usage of language (linguistic) and juridical terms; reasonable usage tajik juridical terms; improvement quality of the language of law; working out dictionary of juridical terminology of Tajikistan.
Law-making activity implemented in various branches of life of society. In law of Republic of Tajikistan “On normative legal acts” established following group of subjects of law-making: people of Tajikistan, Majlici milli of Majlici Oli (Parliament) of Tajikistan President of the Republic of Tajikistan, Government of Tajikistan, ministries, state committees, bodies under the President of the Republic of Tajikistan, National bank of Tajikistan, Agency for nuclear radiation security under National Academy of sciences of Tajikistan, Majlices (Assemblies) of people’s deputies of Badakhshan Mountainous Autonomous Region, regions and the city of Dushanbe, Chairmen of Badakhshan Mountainous Autonomous Region, regions and the city of Dushanbe, Majlises of people’s deputies of districts and towns, chairmen of districts and towns, bodies of rural local self-management. Besides it, law-making activity in conditions of development of entrepreneurship and free economic activity implemented by private enterprises and other subjects of private activity. Now big quantity of normative-legal acts is adopted in the corporative organizations including private organizations, which play key role in regulation of public relations.
In National strategy of development of the Republic of Tajikistan for the period till 2030 are defined following directions of activity in the branch of entrepreneurship and investments: improvement of legislation in the branch of investments, international trade and introduction of international standards of quality and security of products; improvement of normative-legal acts in the branch of development of ecological entrepreneurship and increase of attractiveness ecological investments ; improvement of normative legal base of state-private partnership.
Besides it, in scientific works including Tajikistan are researched law-making, activity of central representative bodies, first of all, parliaments. At present it is also widened activity of law-making in local representative bodies in different kinds of enterprises including private organizations (corporative law-making) If taking into consideration legal acts of local representative bodies, bodies of local self-governing, different enterprises (independent of forms of property) then common. quantity of all legal acts (local, corporative, and others) should be excessive.
Definition of quantity of all these normative legal documents is a difficult task, because law-making activity at central and local bodies, organizations continues every day. Only in one Tajik National University were adopted great quantity normative-legal documents. Such universities and other state and private organizations are mostly. In the given stage law-making activity are implemented actively taking into account individual management (governing) in the areas of state establishments (educational, culture and others) enterprises, organizations. Great quantity of normative-legal acts (charter, provision, order of the head of organization and others) which play key role in legal regulation into organizational relations.
Law-making of people being one of the most important form of law-making and is proof of development of democratic life, used actively in independent Tajikistan in the process of adoption, amendments of the Constitution of the Republic of Tajikistan, involving citizens in discussion life important bills (drafts) including national laws “On regulation of ceremonies, traditions and customs”, “On the responsibility of parents in education and bringing up of their children”.
In modern conditions in Tajikistan are developed following forms of participate of citizens in law-making activity: local law-making (signing of collective agreements (contracts and others) law-making in the scope of local self-governing (in the bodies of local self – management); contractual law-making (signing of public contracts, establishment of terms of agreement and others) corporative law-making (in corporative organizations).
Law-making activity use actively law-enforcement agencies (prosecutor’s office, bodies of internal affairs, tax, custom’s bodies and others).
Judicial law-making serves one of perspective directions of development of law-making. Normative-legal acts of law-enforcement agencies (orders of Prosecutor’s General, Minister of internal affairs and other bodies) in the sphere of right with criminality, corruption, ensuring of national security, in the branch of taxation, custom’s activity and others) have first-degree significance for providing legality and order. In accordance with article 3 of law of the Republic of Tajikistan “On Normative -Legal acts (Rules of law) law-making activity implemented on the base of professional skills. Obeying principle of professionalism, having the most important task for adoption quality normative legal acts, are ensured by improving educational process in establishments of juridical professional education, training professional juridical specialists, improvement professional qualities of lawyers.
Dean of the faculty of law, Tajik national university, professor Mirzozoda P.Z.
Head of the department of theory and history of state and law, faculty of law, Tajik national university, professor Azizzoda U.A.