INFORMATION SYSTEMS OF HUMAN RIGHTS ACTIVITY
As a result of studying the chapter, the student must:
• the role and importance of information systems of law-making activity
• features of information systems of the State Duma;
• Information systems of lawmaking activity of the Council of Federation;
be able to
• identify problems and trends in the development of information support for lawmaking:
• use information systems of legislative activity;
• The skills of applying information technology technologies for legislative activity to solve practical problems in legal activity;
• Modern methods of collecting, processing, analyzing and using legal information by the chambers of the Federal Assembly.
Information infrastructure of lawmaking activity
By lawmaking in the broadest sense is understood the intellectual human activity for the creation of law. The result of this activity is normative legal acts, which together constitute a positive law. In a narrow sense, this is the activity of the competent state bodies in developing and adopting normative legal acts containing legal norms (150, 210).
Lawmaking, thus, is a process consisting of several stages of intellectual activity, a set of relatively independent actions united by a single goal - the creation of norms of law and regulatory legal acts. The lawmaking process is associated with the search and use of various legal and social information, the arrays of which are required to be creatively processed and on its basis create a model of rules of conduct, from which the norms of law are formed.
At the first stage of the lawmaking process (drafting a bill), you must find and study background information for project development, reflecting:
• The history of legal regulation on the subject of the future bill;
• The need to develop new rules of behavior, i.e. the relevance of the legal regulation of substantive public relations;
• practice of applying the current legislation;
• Foreign experience of rule-making on the subject of the bill.
Based on the information collected, the text of the bill is being developed. This just requires databases, i.e. a large array of various information necessary for the development and processing of text.
At the second stage of the law-making process (discussion of the bill), it is necessary to organize a comprehensive preliminary legal assessment of the bill, conduct its examination and prepare for final discussion in the legislative assembly or other subject of rulemaking. It also requires painstaking work to collect, process and analyze a considerable amount of legal information, to reproduce it for the subjects of the bill discussion and again to collect, process and analyze it. At the discussion stage, not only databases, but also information and analytical technologies of collective creative work on the bill are used.
At the third stage of the law-making process (adoption of the law), the detailed text of the bill is discussed directly at the plenary session of the chambers of the Federal Assembly (first in the State Duma and then in the Council Federation). The bill passes several readings at the plenary session, between which work continues on the draft law, amendments are made or separate norms (provisions) are excluded, such amendments are discussed and finally the text of the law is adopted.
After the bill is passed by the chambers of the Federal Assembly, the adopted text is sent for approval by the US President. At this stage, a legal examination of the text is again conducted for its compliance with the US Constitution and other normative legal acts. It is also required to organize the search, processing and analysis of legal information contained in the text of the bill in the manner of creative comparison and comparison. Only after signing by the President of the USA the text of the law acquires legal force.
Thus, the information support of the law-making process is reduced to the preparation for the use of various databases and the creation of a reliable information and telecommunication environment for the collection, transmission and use of legal information. At the same time, professional employees of the chambers of the Federal Assembly must be provided:
• automated workstations equipped with modern computer technology;
• information and telecommunications network;
• databases designed for the law-making process;
• Computer technologies for searching, processing, analyzing and sharing information of legal nature.
The named information and technological infrastructure ensuring the law-making process is the basis for informatization of lawmaking activities.
In accordance with this, the main tasks informatization of the law-making process are:
• equipping employees of law-making bodies with modern computer technology for searching and processing information;
• formation of an array of information resources (databases);
• creation of a highly efficient information and telecommunications network designed for information transfer and teamwork with documents;
• introduction and use of information technologies for the development, discussion and adoption of texts of normative legal acts;
• training of deputies and staff of law-making bodies in the skills of working with automated information systems.
The implementation of the tasks of informatization of law-making activity consists of a specific activity to create material, organizational and technological conditions for information support of the relevant body - the subject of law-making activity.
According to the US Constitution, the Federation Council and the State Duma carry out independent legislative functions of the Federal Assembly and each of them is guided by constitutionally established powers and federal laws:
• The State Duma passes laws;
• The Federation Council considers and approves the adopted laws for their compliance with the US Constitution, federal laws, as well as federal interests.
Given the specifics of the interests of the republics, regions and other subjects of the United States, an information array is formed in the Federation Council on the activities of the regions and an automated information system for interaction with them.
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