THE LEGAL EXPERTISE OF NORMATIVE LEGAL ACTS AS A PART OF THE LEGISLATIVE PROCESS.
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article discusses the concept and characters of legal expertise of normative legal acts as a part of the legislative process. The objects of legal expertise are the projects of the laws, decrees of the President, decisions of the Cabinet of Ministers, resolutions of the National Bank, orders of ministries and other central executive authorities. Normative legal acts are assessed for their compliance to the Constitution of Ukraine and other legislative acts, international treaties of Ukraine, the European Convention on Human Rights, the practice of the European Court of Human Rights, acquis communautaire. The implementation of the Association Agreement between Ukraine and the EU requires to harmonize the national legislation with the norms of EU law and to ensure the compliance of regulations to the obligations of Ukraine in European integration. Expertize of the drafts of legal acts for their compliance to the Convention and the European Court’s practice established in the Law of Ukraine “On the enforcement and application the cases of the European Court of Human Rights”. The author describes the stages of such expertize and the consequences of failure to comply with established procedures. Analyzed the powers of public authorities (the Committee on European Integration of the Verkhovna Rada of Ukraine, the Ministry of Justice of Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine and the Government Office for European Integration) that are involved in ensuring compliance of regulations to Ukraine’s international legal obligations in European integration, the European law (acquis EU), Council of Europe standards of democracy, rule of law and human rights. The article propose to fix in the law “On legal expertise” equal for all subjects of rulemaking procedure for its carrying; complete the list of objects of legal examination of normative legal acts of local authorities and local governments; establish the legal responsibility for the failure of the legal expertise or neglect of its findings by developers of the project.
Authors and Affiliations
Л. Л. Богачова
Keywords
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