The policy of law-creation in Ukraine: basic principles

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The policy of law-creation in Ukraine: basic principles

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue

Abstract

Political basis of law-making in Ukraine is considered in this article. There is used the expression «law-creation», which shows more wide political science approach to this process. The basic reasons for adoption and amendments to the Constitution of Ukraine, election legis- lation and legal acts concerning the participation of citizens in law-creation are analyzed. The author defines the principles of creation of public law in Ukraine and principles, which must become an integral part of the policy of qualitative law-creation. Each political team that has any superiority over other political forces (more formal powers or informal influence) is trying to change the Constitution of Ukraine. The aim of change is new opportunities for more power to some political force. Also the political forces in power before each regular election are trying to adapt law for the current political situa- tion. They adopt a new electoral law or make the following changes, which will provide for them the best conditions for winning the election. Amendments to the law on the forms of citi- zen participation in the management of public affairs are not numerous as to constitutional or electoral law. The partial realization is the main imperfection of this legislation. The main goal of lawmakers is adopt the law. The popular laws by name adopted on demand interna- tional organizations or before the election. The lawmakers are not interested in possibilities of its realization or even sometimes they want that it was impossible to realize. However, their content often contains contradictory provisions or provisions which impossible to fulfill the norm. Besides, the political forces that form the majority in parliament for the realization of their political goals (often corporate goals, not social goals) in the adoption of new acts are violate the current legislation. Politics in law-creation, namely predominance subjective interests of politicians, political bargaining, lobbying of their own economic interest, can’t last forever. It is necessary to form of policy of law-creation on the objective factors. Basic political and legal principles, such as, objectivity, consistency, compliance with the public interest must be observed at all stages of law-creation. Protection of public interests should be checked at the stage of a political deci- sion to change the legislation and in the text of the draft legal acts. Creating qualitative legi- slation should be accompanied by the development of a clear mechanism for its implemen- tation. Stability and quality of legislation, first of all depends on the policy that prevails in law-creation. Therefore, it is necessary to change the fundamental values of Ukrainian poli- cy, which determines the future of Ukraine.

Authors and Affiliations

Oksana Kukuruz

Keywords

politics policy policy of law-creation principles of law-creation quality of legislation the Constitution of Ukraine election legislation public participation

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EP ID EP447155
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