DOI 10.37749/2308-9636-2021-4(220)-1
Shulzhenko F. P., Ryndiuk V. I. Ordering national legislation as one of priorities of the legal policy of Ukraine.
In the article was noted that nowadays a characteristic feature of the national legal system of Ukraine is quite intense, however, mostly chaotic, unsystematic, uncoordinated normative activities at all levels of public authority. As a result, both scientists and practitioners, talk about the numerous defects of national legislation, which significantly reduces the level law and order in the state, cause to violation of the rights and freedoms of man and citizen.
Defects in national legislation (regarding its content and / or form) determine the need for a variety of content and forms of normative activities of public authorities to amend existing legislation in order to improve it. However, today normative activities of public authorities are mainly focused on improving the legal regulation of public relations, that is, it is primarily related to changes in the content of legislation. Normative activity related to the change of the form of legislation without changing its content, that is, without changing the content of the legal regulation of social relations, neither legal science nor practice is given due attention.
Given the state of national legislation, there is a need for a theoretical understanding of the concept of «ordering legislation» as a type of normative activity aimed at improving the form of legislation without changing the content of legal regulation of public relations. Practical implementation of ordering legislation in the normative process presupposes, first of all, the existence of a corresponding legal policy of the state, that is, the development and adoption by the public authorities of a political decision to recognize the ordering of national legislation as one of the priority tasks at the present stage of development of the legal system of Ukraine.
One of the tasks, which should be addressed by the legal policy of the state, and which should be enshrined in a mandatory official doctrinal legal document on legal policy is to ensure the state of order of legislation. This will create the necessary legal conditions for effective normative activities to ordering legislation, will be the legal basis for improving the organizational and procedural support of normative activities of public authorities.
Key words: national legislation, legal policy, normative activity, legislative process, ordering legislation.
References
- Official web portal of the Verkhovna Rada of Ukraine. URL: https://iportal.rada.gov.ua/ [in Ukrainian].
- Yushchyk O. I. Theoretical foundations of the legislative process. Kyiv [in Ukrainian].
- Ryndiuk V. I. Ordering of the legislation of Ukraine: theoretical-methodological and technical-legal aspects. Kyiv [in Ukrainian].
- Yushchyk O. I. Ordering of legislation is a priority of Ukraine’s legal policy. Pravova derzhava. 18. Рр. 40—48 [in Ukrainian].
- Iliashko O. O. Conceptual approaches to determining the legal policy of the state in a hybrid war. Naukovyi Visnyk Natsionalnoi Akademii Vnutrishnikh Sprav. 3. Рр. 105—117 [in Ukrainian].
- Mynkovych-Slobodianyk O. V. (2010) Legal policy as a factor of lawmaking and law enforcement. Extended abstract of candidate’s thesis. Kyiv [in Ukrainian].
- Yushchyk O. I. Crisis of power or power of crisis? Holos Ukrainy. December 1, 2020. URL: http://www.golos.com.ua/article/339049 [in Ukrainian].
- Law of Republic of Moldova «On legislative acts» No. 780-XV of December 27, 2001. URL: https://www.legislationline.org/ru/documents/id/15214 [in Ukrainian].
- Hunko N. Y. Amendments to laws of Ukraine: general theoretical and technical-technological issues. Candidate’s thesis. Lviv [in Ukrainian].
- Yushchyk O. I. Law of laws: necessity and concept. Universytetski Naukovi Zapysky. 3 (15). Рр. 43—48 [in Ukrainian].