乌克兰立法的质量保证:理论和实践概念

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引用次数: 0

摘要

文章指出,要保证立法质量,官方规则的制定过程和适当水平的科学和组织法支持都是重要的。因此,应将直接的规则制定活动与规则制定的管理活动区分开来,对后者的研究没有得到应有的重视。有效制定规则的最重要条件是根据国家立法发展概念- -一份具有法律约束力的理论上的正式文件- -规划这一活动,并遵守科学、民主、公开的原则,在通过影响其质量的条例时考虑到公众舆论。乌克兰立法发展的概念应在协调进入乌克兰最高拉达副派系联盟的各方政治立场的基础上,为新当选的乌克兰议会的任期(5年)所接受。因此,这一概念必须符合各级公共当局的规则制定。同样重要的是,要从法律上规范为民间社会机构、各级商业结构等的合法利益进行游说的程序。对游说的立法管制应该是全面和系统的,因为游说发生在从议会到地方政府的各级公共权力机构的规则制定过程中。游说规则也应与现行立法保持一致。借鉴国外立法规制游说活动的经验,有必要着眼于国内的政治和法律现实;盲目照搬其他国家的游说做法,只会使这一领域更加混乱,降低公众对政府当局的信心。提高立法的质量也将有助于澄清议会委员会、各部的权力,明确界定它们在通过立法行为方面合作的组织和法律形式。特别是,在组织规则制定的管理活动时,还应听取将乌克兰最高拉达简介委员会的结构与各部结构相关联的想法。毕竟,根据乌克兰《关于中央行政权力》的法律,该部的主要任务之一是推广适用立法的做法,提出改进建议,并以规定的方式提交法律草案。关键词:立法质量、规范性活动管理、立法发展理念、立法原则、规范性法律行为通过过程的游说
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Quality assurance of legislation of Ukraine: theoretical and praxeological concept
The article notes that to ensure the quality of legislation, both the official rule-making process and the appropriate level of its scientific and organizational-legal support are important. Accordingly, direct rule-making activity should be distinguished from management activities of rule-making, the study of which is not given due attention. The most important conditions for effective rule-making are planning of this activity on the basis of the Concept of development of national legislation — a doctrinal official legal binding document, as well as observance of the principles of scientificity, democracy, publicity, taking into account public opinion in the adoption of regulations that affect their quality. The concept of development of the legislation of Ukraine should be accepted by the newly elected parliament of Ukraine for the term of its powers (5 years) on the basis of coordination of political positions of the parties which entered the Coalition of deputy factions in the Verkhovna Rada of Ukraine. Accordingly, the concept must comply with rule-making at all levels of public authority. It is also important to legally regulate the procedures for lobbying the legitimate interests of civil society institutions, business structures at various levels, and so on. Legislative regulation of lobbying should be comprehensive and systemic, as lobbying takes place in the rule-making process at all levels of public authority from parliament to local governments. Lobbying rules should also be aligned with current legislation. Borrowing foreign experience of legislative regulation of lobbying, it is necessary to focus on domestic political and legal reality; reckless copying of the lobbying practices existing in other countries will only lead to even greater chaos in this area and a decrease in public confidence in public authorities. Improving the quality of legislation will also contribute to clarifying the powers of parliamentary committees, ministries, a clear definition of organizational and legal forms of their cooperation in the adoption of legislative acts. In particular, when organizing management activities of rulemaking, it is also advisable to listen to the idea of correlating the structure of profile committees of the Verkhovna Rada of Ukraine and the structure of ministries. After all, according to the Law of Ukraine «About central authorities of executive power», one of the main tasks of the ministry is to generalize the practice of applying the legislation, develop proposals for its improvement and submit draft acts in the prescribed manner. Key words: quality of legislation, management of normative activity, concept of legislation development, principles of law – making, lobbying of the process of adoption of normative legal acts.
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