UDC 34 0.13

DOI 10.37749/2308-9639-2025-5(269)- 2

F. P. Shulzhenko, Doctor of Political Sciences, Professor, Head of the Department of Theoretical Jurisprudence, Vadym Hetman Kyiv National Economic University

V. I. Ryndyuk, Doctor of Law, Professor, Professor of the Department of Theoretical Jurisprudence, Vadym Hetman Kyiv National Economic University

PUBLIC AND CORPORATE REGULATION-MAKING AS INDEPENDENT TYPES OF REGULATION-MAKING ACTIVITY

For a long time, legal science considered public authority as the only subject of rule-making activity. In particular, the subject of legal regulation of the Law of Ukraine “On Law-Making Activity”, adopted by the Verkhovna Rada of Ukraine, is the regulation of the activities of such law-making subjects as state authorities and local self-government bodies. The concept of corporate rule-making is not mentioned in this Law at all, which does not correspond to both the current state of development of legal science and the legal system of Ukraine.

In democratically developed countries, corporate rulemaking of various non-state associations (institutions of civil society) is becoming increasingly important. Corporate rulemaking is an independent objective legal phenomenon, which is due to the need to ensure the autonomy (self-regulation and self-organization) of various institutions of civil society, where participants in relations can establish appropriate rules of conduct within their association that regulate legal relations between them. As a result of corporate rulemaking, corporate law is formed, which has a different (non-public) nature of power, which does not depend on the actual permission of the state and exists autonomously from state law, however, does not violate it. Corporate rulemaking is subject to certain legislative regulation, but is mostly carried out on the initiative and at the discretion of civil society institutions.

Registration of individual corporate acts by state bodies is not an authorization of a corporate act, it is only a form of establishing its compliance with the norms of current legislation, that is, a form of legitimation. Therefore, depending on the two main general subjects of rule-making (public authorities and civil society), two independent types of rule-making activity should be distinguished, namely public and corporate rule-making, respectively.

Keywords: rule-making activity, public-authority rule-making, corporate rule-making, corporate norm, corporate regulatory act, subject of corporate rule-making.

LIST OF REFERENCES

  1. General theory of law: textbook / O. V. Petryshyn, D. V. Lukyanov, S. I. Maksymov, V. S. Smorodynskyi and others; Edited by O. V. Petryshyn. Kharkiv: Pravo, 2021. 568 p.
  2. Boyko M. M. Legal principles of the normative activity of the bodies of the bar self-government. Almanac of Law . 2024. Issue 15. Pp. 494—499. URL: http://jnas.nbuv.gov.ua/article/UJRN-0001525943.
  3. Solyar S. Corporate norm-making of civil society institutions. Bulletin of the Academy of Legal Sciences of Ukraine . 2010. No. 4. Pp. 80—87. URL: http://nbuv.gov.ua/UJRN/vapny_2010_4_8.
  4. Ryndyuk V. I. The norm of law in the context of modern approaches to legal understanding. The rule of law . 2023. Issue 34. P. 58—68. DOI: 10.33663/1563-3349-2023-34-58-68.
  5. Isakov M. G. Parkulab V. G. Trends and prospects of corporate rulemaking: foreign experience. Scientific Bulletin of Public and Private Law . 2017. No. 5. P. 132—137. URL: http://www.nvppp.in.ua/vip/2017/5/tom_1/27.pdf.
  6. Case No. 641/10003/15-ц. Unified State Register of Court Decisions . 09/28/2016. URL: http://reyestr.court.gov.ua/Review/61754952.
  7. Panchenko V. V. Domestic local regulatory legal acts of agricultural enterprises as a form of agrarian law: Monograph. Kharkiv: Publishing house “S.A.M.”, 2012. 164 p.
  8. Petrovska O. K. Corporate norm-making: general theoretical characteristics: dissertation … doctor of philosophy in the field of knowledge 08 “Law” / Yaroslav the Wise National Law University. Kharkiv, 2020. 242 p.
  9. Zozulyak O., Sulima A. Local corporate lawmaking: definition of the concept and features. Private Law and Entrepreneurship . 2022. Issue 21. Pp. 92—100. DOI: https://doi.org/10.32849/2409-9201.2022.21.10.
  10. Large explanatory dictionary of the modern Ukrainian language (with additions and additions) / Compiled and edited by V. T. Busel. K.; Irpin: VTF “Perun”, 2005. 1728 p.
  11. Normative activity: a textbook / coauthors; edited by V. V. Shyshka. Lviv: Lviv State University of Internal Affairs, 2024. 400 p