UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT)
This article is dedicated to a scientific-practical analysis of the provisions of the Law of Ukraine dated August 24, 2023, No. 3354-IX "On Legislative Activity" (hereinafter referred to as the Law), which regulates social relations in the sphere of legislative activity in Ukraine in the c...
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| Format: | Article |
| Language: | English |
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V. N. Karazin Kharkiv National University
2024-05-01
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| Series: | Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» |
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| Online Access: | https://periodicals.karazin.ua/law/article/view/23313 |
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| author | Artem Beresten |
| author_facet | Artem Beresten |
| author_sort | Artem Beresten |
| collection | DOAJ |
| description | This article is dedicated to a scientific-practical analysis of the provisions of the Law of Ukraine dated August 24, 2023, No. 3354-IX "On Legislative Activity" (hereinafter referred to as the Law), which regulates social relations in the sphere of legislative activity in Ukraine in the context of Eurointegration. Specifically, it addresses activities and regulation related to planning, development, adoption (issuance), application of normative legal acts, and legal monitoring. The article provides an analysis of individual provisions of the law, legal and organizational principles of legislative activity, methods, and the sequence of its implementation, as well as the elimination of gaps and conflicts in normative legal acts.
The study's main findings reveal that the Law establishes the framework for legislative activity in Ukraine "from beginning to end," including the delineation of stages in developing draft laws. Specifically, it stipulates that a draft legislative act should be developed based on the concept of the legislative act project. This concept reflects a fundamental approach to regulating social relations, the purpose and objectives of legal regulation, new rights and obligations of legal participants, as well as anticipated socio-economic and other consequences of its implementation upon adoption (issuance) of the legislative act, etc.
The departure from the Soviet principle of monopoly on legislative activity entails expanding the circle of subjects who, in accordance with the Constitution and laws of Ukraine, have the right to adopt legislative acts. This also necessitates public oversight of the aforementioned process, requiring a conceptual reconsideration of legal practice in the legislative activity process in Ukraine. Problems related to organizational and legal support have a negative impact on human rights and freedoms, the efficiency of legislative subjects' work, and the overall perfection of the legislative system. This underscores the urgent need for legislative regulation of legislative activity in Ukraine to avoid negative consequences for society and ensure the effective functioning of the country's legal system. |
| format | Article |
| id | doaj-art-89a843a961b34f2e9682153d57b45da2 |
| institution | Kabale University |
| issn | 2075-1834 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | V. N. Karazin Kharkiv National University |
| record_format | Article |
| series | Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» |
| spelling | doaj-art-89a843a961b34f2e9682153d57b45da22025-01-09T11:58:40ZengV. N. Karazin Kharkiv National UniversityВісник Харківського національного університету імені В. Н. Каразіна Серія: «Право»2075-18342024-05-0137283410.26565/2075-1834-2024-37-0223313UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT)Artem Beresten0V. N. Karazin Kharkiv National UniversityThis article is dedicated to a scientific-practical analysis of the provisions of the Law of Ukraine dated August 24, 2023, No. 3354-IX "On Legislative Activity" (hereinafter referred to as the Law), which regulates social relations in the sphere of legislative activity in Ukraine in the context of Eurointegration. Specifically, it addresses activities and regulation related to planning, development, adoption (issuance), application of normative legal acts, and legal monitoring. The article provides an analysis of individual provisions of the law, legal and organizational principles of legislative activity, methods, and the sequence of its implementation, as well as the elimination of gaps and conflicts in normative legal acts. The study's main findings reveal that the Law establishes the framework for legislative activity in Ukraine "from beginning to end," including the delineation of stages in developing draft laws. Specifically, it stipulates that a draft legislative act should be developed based on the concept of the legislative act project. This concept reflects a fundamental approach to regulating social relations, the purpose and objectives of legal regulation, new rights and obligations of legal participants, as well as anticipated socio-economic and other consequences of its implementation upon adoption (issuance) of the legislative act, etc. The departure from the Soviet principle of monopoly on legislative activity entails expanding the circle of subjects who, in accordance with the Constitution and laws of Ukraine, have the right to adopt legislative acts. This also necessitates public oversight of the aforementioned process, requiring a conceptual reconsideration of legal practice in the legislative activity process in Ukraine. Problems related to organizational and legal support have a negative impact on human rights and freedoms, the efficiency of legislative subjects' work, and the overall perfection of the legislative system. This underscores the urgent need for legislative regulation of legislative activity in Ukraine to avoid negative consequences for society and ensure the effective functioning of the country's legal system.https://periodicals.karazin.ua/law/article/view/23313law, legislation, legislative activity, legal practice, legal technique, eurointegration |
| spellingShingle | Artem Beresten UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT) Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» law, legislation, legislative activity, legal practice, legal technique, eurointegration |
| title | UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT) |
| title_full | UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT) |
| title_fullStr | UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT) |
| title_full_unstemmed | UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT) |
| title_short | UNIVERSAL VALUES OF THE EUROPEAN UNION AS LEGAL STANDARDS IN LEGISLATIVE ACTIVITY IN UKRAINE (THEORETICAL-LEGAL ASPECT) |
| title_sort | universal values of the european union as legal standards in legislative activity in ukraine theoretical legal aspect |
| topic | law, legislation, legislative activity, legal practice, legal technique, eurointegration |
| url | https://periodicals.karazin.ua/law/article/view/23313 |
| work_keys_str_mv | AT artemberesten universalvaluesoftheeuropeanunionaslegalstandardsinlegislativeactivityinukrainetheoreticallegalaspect |