Each time a law is enacted, it goes through the following stages: drafting stage, scrutiny stage, approval stage, signing stage, publication stage, deadline stage and implementation stage, which are discussed below. .
The drafting stage is the first stage of legislation. In this stage, the raw material (sketch) for the law is made. In fact, this stage is considered as the basis of legislation. The first draft is prepared by considering the cultural and political situation as well as the study and comparison with other laws. The draft is prepared in three cases in total, if necessary by the concerned body, the Ministry of Justice. The draft law is approved by the Legislative Department or the National Assembly. Once the proposed draft law is completed, the second phase, which is the review phase, begins. Which we discuss below.
Once a law is drafted, it is scrutinized more carefully to assess the material placed on the outline, to determine the religious, cultural and political conditions of the community, as well as It does not conflict with other laws, at which point the law is drafted, amended, corrected, and referred to the ratifying body for further action.
D straighten phase:
At this stage, the draft law is sent to the National Assembly for approval. Approval, amendment and repeal of laws, technical decrees in accordance with Article 7 of the Constitution is the joint prerogative of both houses of the National Assembly. The law is so explicit in the clause of “Article”. (“Approval, Amendment or Repeal of Laws and Legislative Decrees”) The adoption, amendment and repeal of laws under this Article is the joint prerogative of both houses of the National Assembly, except when the draft law is proposed by the Government. The Wolesi Jirga is obliged to make a decision on the draft within a month.
After a decision is made by the Wolesi Jirga, the proposed draft law is submitted by the Wolesi Jirga to the Meshrano Jirga, and if a bill is rejected by another Jirga, in case of disagreement. An equal number of joint delegations are formed from both houses of parliament. The joint commission’s decision is considered valid after the president signs it, but if the joint delegation does not reach a decision due to disagreement, the bill is considered rejected and re-elected If the Wolesi Jirga approves the bill by a two-thirds majority in its next session, then the bill is sent to the President for signature without being presented to the Meshrano Jirga.
At this stage, the draft law is sent to the President for signature. If the President does not agree with the draft approved by the National Assembly, he can return it within 15 days, citing reasons. If the President does not approve the bill within 15 days, the bill is considered signed, and if the Wolesi Jirga re-approves the bill rejected by the President, the bill is considered signed. , And again not sent to the President.
D publish stage:
Once the law is signed by the President, it is sent to the Ministry of Justice for publication. The Ministry of Justice is obliged to publish the signed bill in the official gazette of the Ministry of Justice. The official gazette has a serial number and It is the Ministry of Justice.
At this stage, a specific date has been set for the implementation of the law, so that people are aware of the law at this stage. After the said date, the law is considered to be enforceable and enforceable. This is to make people aware of the provisions of the newly enacted law, although it should be noted that this step is not taken into account in all laws; However, in most criminal laws, the deadline is not considered in all laws, some laws are considered to be effective after the date of signing. However, in some laws, the date of enactment is mentioned, for example, the new Penal Code, which was enacted in 1 year, is mentioned in Article 2. “The law comes into force nine months after its publication in the official gazette,” meaning a nine-month deadline for enforcing the penal code