Law-making activities of the President of Ukraine as a legal form of realization of law-making authorities
| Autor: | Z. Pogorelova |
|---|---|
| Rok vydání: | 2022 |
| Zdroj: | Uzhhorod National University Herald. Series: Law. 1:24-30 |
| ISSN: | 2664-6153 2307-3322 |
| DOI: | 10.24144/2307-3322.2022.73.4 |
| Popis: | The article examines the peculiarities of the legal form of the implementation of the rule-making powers of the President of Ukraine, namely the rule-making activity. The essence of rule-making activity is revealed as a power activity for planning, preparation, establishment, change and cancellation of universally binding rules through the development and adoption of normative acts of the President of Ukraine. The thesis is substantiated that due to the importance of the rule-making activity of the President of Ukraine for the realization of the purpose of this activity, the status and all the powers of the President of Ukraine, its authoritative nature, the established universality of acts adopted by the President of Ukraine, the rule-making activity of the President of Ukraine should be carried out not only with the application appropriate means of control over this activity, to be accompanied by control over the constitutionality and legality of acts adopted by the President of Ukraine, but also with compliance with the internal procedure for the preparation and passing of legal acts of the President of Ukraine, i.e. having an appropriate legal procedural form. The significance of the legal procedural form of the rule-making activity of the President of Ukraine, its role in the preparation of perfect normative acts of the President of Ukraine for the best implementation of practical requirements for the rule-making process is considered. Other elements characterizing the norm-making activity of the President of Ukraine are also considered: procedural stages, procedural proceedings and procedural mode, which together constitute an integral characteristic of the norm-making process, within which the norm-making activity of the President of Ukraine is carried out, as a system of independent, logically completed stages, stages, legal technical actions to establish, change or cancel mandatory rules of conduct by means of forecasting, planning, preparation, coordination, legal expertise, consideration and adoption, state registration, publication, entry into force (coming into force) of normative acts of the President of Ukraine. The classifications of the types of rule-making activities of the President of Ukraine existing in jurisprudence are considered, and a refined classification is proposed, taking into account the specifics of the participation of the President of Ukraine in the law-making process and governmental rule-making. |
| Databáze: | OpenAIRE |
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