BASIC PRINCIPLES OF LAWMAKING: FOREIGN EXPERIENCE AND PROSPECTS FOR IMPLEMENTATION IN UKRAINE

Abstract

The article examines the foreign experience of lawmaking and progressive practices of its use. It is noted that in today's conditions, improvement of the law-making mechanism in Ukraine is important for ensuring the quality and effectiveness of legislation. Thus, in times of war, improvement of legislation is critical for adapting the legal system to new realities and ensuring the effective functioning of the State. Military conflicts require a rapid response to threats, which requires amendments to laws aimed at strengthening defence capabilities, regulating the activities of law enforcement agencies and ensuring public safety.

In this context, the adoption of international experience in lawmaking is key for Ukraine. It helps to improve the quality of legislation, harmonise regulations with international standards, strengthen the rule of law and improve the investment climate. For example, the adoption of international experience in lawmaking allows Ukraine to harmonise its legislation with EU norms, improve the efficiency of rulemaking, strengthen the rule of law and legal certainty, promote digitalisation of public administration, and increase transparency and public participation. Ukraine is already implementing international best practices, but the main challenge remains their effective application in the national context.

Based on the analysis of foreign experience, the article formulates approaches to improving lawmaking:

1. Introduction of digital rulemaking tools (use of legislative analysis algorithms to avoid contradictions and duplication of norms, use of artificial intelligence and big data to assess the impact of legislative initiatives).
2. Material and formal criteria for assessing draft laws (content analysis (material criterion) to verify that legislative initiatives meet the needs of society, assessment of structure, terminology, legal technique (formal criterion) to ensure clarity and unambiguity).
3. Effective forecasting of the consequences of legal acts (SOLON helps to avoid mistakes at the planning stage, which reduces the risks of ineffective laws, the use of expert forecasting models that take into account economic, social and legal consequences).
4. Simplification of the rulemaking process (use of automated legislative editors (analogues of Lexidit, Lexeditor IRI_AI), creation of a single electronic platform for draft laws, which will ensure transparency and quality control.

5.   Participation of experts from various fields (tools like SOLON help to involve specialists without legal education, which makes draft laws more comprehensive, use of interactive consultations with the public and academics).