| Abstrakt: |
On November 16, 2021, the Verkhovna Rada of Ukraine adopted the draft Law "On Law-Making Activity" as a basis. Law-making activity since the acquisition Ukraine's independence was in dire need of comprehensive regulations at the level of law. Repeated attempts to regulate the planning of law-making activities, to provide appropriate mechanisms for control over these activities, exposed the legislator's inability to form a politically coherent position, which led to fundamental gaps in the legislative regulation of law-making. The purpose of the article is to substantiate the feasibility of consolidating at the legislative level the institute of legal monitoring as an important component of law-making activities. One of the most significant problems of lawmaking is the isolation, and in some cases ignoring, of the subject who adopts the legal act, from the results of their own law-making activities. This is exacerbated by the presence of many bylaws in various areas of law. Accordingly, a serious practical problem today is the inadequate legislative regulation of accounting and state registration of regulations. At the same time, law-making activities should be carried out with the provision of proper public awareness of its purpose and results, as well as providing law enforcement agencies with information about the state of legal regulation of public relations. This can be solved, in particular, by raising and approving the status of the Unified State Register of Legal Acts. It is stated that there is no defined mechanism of legal monitoring, the components of which are methods, techniques and ways of monitoring (analytical generalization, surveys, generalization of appeals, exchange of information between government agencies, analysis of court decisions), as well as the use of its results. At the same time, the main task of research on the effectiveness of law is to prepare scientifically sound recommendations for improving legislation by assessing the social effectiveness of those legal norms that are subject to adjustment. This is the main mission of legal monitoring, because the effectiveness of any legislation includes a wide range of different issues: from forecasting to lawmaking and law enforcement. An important role in conducting independent legal expertise of draft laws, legal monitoring of existing regulations should be assigned to the National Academy of Legal Sciences of Ukraine, whose statutory tasks are to fulfill the order of public authorities to develop principles of scientific and legal policy. It is proposed within Art. 63 of the draft Law "On Law-Making Activity" to provide a mechanism of feedback by imposing on the subject of law-making or the central executive body that ensures the formation of state policy in this area, the obligation not only to report on the results of legal monitoring of regulations, but also the development of additional regulations in response to monitoring and evaluation data. Separately within the draft Law "On Law-Making Activity" it is proposed to establish a method of monitoring lawmaking and law enforcement, which will reflect the system of criteria for the effectiveness of legislation during its implementation, key of which is the purpose of the regulation and the effectiveness of its regulatory effect on relevant legal relations. [ABSTRACT FROM AUTHOR] |
