ОПТИМІЗАЦІЯ ПРОЦЕСУ РОЗРОБКИ ЛОКАЛЬНИХ НОРМАТИВНО-ПРАВОВИХ АКТІВ МІСЦЕВОГО САМОВРЯДУВАННЯ
Journal Title: Державне будівництво та місцеве самоврядування - Year 2018, Vol 1, Issue 35
Abstract
The formation and development of local self-government normative legal acts drafting process is inextricably linked with the emergence and evolution of local self-government, the development of theoretical concepts of its origin and essence, as well as the formation of a system of legislation regulating the activities of local self-government bodies. The current state of Ukrainian legislation causes many complaints and criticisms. This statement concerns not only normative legal acts issued by state authorities, but also normative legal acts issued by bodies and officials of local self-government. One should agree with the opinion that the quality of the texts of normative legal acts is conditioned by several obligatory factors. These include: the qualification of the subjects of rulemaking, the degree of compliance with the acts drafting technique rules, their expert and legal control, as well as compliance with requirements of process and procedure. The analysis of the constitutional and legal norms regulating the issues of municipal rule-making allows to state that the normative legal acts drafting process is characterized by insufficient level of legal regulation, in particular, from the point of view of consolidation and detail of stages, particular aspects of its implementation, subjects of initiation, drafting, adoption of relevant acts, their entry into force, expiry of validity, peculiarities of conducting examination of draft acts, respectively, control and supervision over observance and implementation, as well as from the point of view of compliance with the drafting technique rules and requirements. Based on the above, I am convinced that, first of all, developing a unified approach to the formation of legal policy in Ukraine, its definition and conceptualization will contribute to the definition of a unified strategy and tactics of the legal development of society, improvement of the mechanism of legal regulation, the protection of human and civil rights and freedoms, the construction of a legal state. The combination of the efforts of leading domestic theorists and practitioners around the scientific substantiation of normative activity, including the normative legal acts of local self-government drafting process, can positively influence both the further improvement of the latter, and the development of particular territorial units, as well as the legal development of the state as a whole. Consequently, the implementation of concerted actions of both public authorities and local self-government bodies as well as representatives of the public on the improvement of legal regulation of normative activity in Ukraine as a whole, as well as the normative legal acts of local self-government drafting process in particular, further harmonization of Ukrainian and European Union legislation, which manifests itself in convergence of the national legal system and its subsystems with the legal system of the European Union and international requirements and legal norms and standards, and appropriate training of qualified personnel is crucial to the successful development of our country.
Authors and Affiliations
Yaroslava Kovach
Keywords
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- EP ID EP612763
- DOI 10.31359/1993-0941-2018-35-274
- Views 69
- Downloads 0
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