Peculiarities of Legal Monitoring of Normative Legal Acts in Ukraine

Abstract

The article examines the concept and features of legal monitoring in Ukraine in accordance with the draft law «On Law-Making Activities». It is noted that proven progressive practices regarding the assessment of the impact of the draft regulatory act on social relations are a common practice for the member states of the European Union. So, in particular, in the Czech Republic, Germany, Greece, Hungary, Latvia, Poland, Sweden, and Spain, impact assessments are provided for all types of projects of regulatory and legal acts. In Ukraine, too, there is a system of monitoring of all projects of regulatory and legal acts. However, the formal approach to the implementation of such procedures by subjects of law-making activity in our country, the reluctance to find the most effective and efficient solution to the problem based on objective empirical data and scientific research leads to a low quality of legislative regulation.

In today's conditions in our country, there is a need to develop a clear and effective mechanism for writing and adopting normative legal acts, because such a procedure is currently not perfect. In this regard, draft law 5707 "On law-making activity" was developed, which defines the foundations of law-making in our country. However, the draft of this normative-legal act has certain shortcomings, in particular, regarding the stages of the law-making process, examination of normative-legal acts, which can be eliminated in the process of adopting this law.

In connection with the intensification of European integration processes, legal monitoring of regulatory acts should become a mandatory and effective element of checking regulatory acts, aimed not only at assessing the quality of the regulatory act, but also at developing substantiated proposals for improving the legislation.

Legal monitoring of a normative legal act includes its comprehensive study from the point of view of compliance of the project with legal principles; the correctness of the use of legal categories; correlation of projected solutions with other acts, including Ukraine's treaties with foreign countries and international legal acts recognized by Ukraine; ensuring the system of legislation; justification of the choice of the form of the act; the correctness of the application of certain legal techniques; compliance of the provisions of the project with the modern achievements of domestic and foreign science and practice in the analysis of a specific problem, which is the subject of a future normative legal act.

It is concluded that the relevant draft law contains certain shortcomings in the regulation of legal monitoring of normative legal acts, which may lead to the formalization of this institution in practice. Therefore, it is advisable to make changes to the project that would improve the process of monitoring legal acts in Ukraine.