ЮРИДИЧНА ТЕХНІКА НОРМОТВОРЕННЯ У КОНТЕКСТІ ДОКТРИНАЛЬНИХ ПОГЛЯДІВ (Ukrainian)

LEGAL TECHNIQUE OF RULEMAKING IN THE CONTEXT OF DOCTRINAL VIEWS. (English)

Insufficient theoretical understanding and the lack of a scientific basis for the legal technique of rulemaking has a significant impact on the entire law-making process, which is based on doctrinal justification. The purpose of the article is to reveal the features of the legal technique of rulemaking in the context of doctrinal views. The study uses the principles and techniques of formal-logical methodology, as well as applied a structural-functional approach. The identification of intersectoral links in rulemaking is based on the functional nature of law in general and regulatory means of regulations in particular. In addition, dialectical, system-structural and functional methods, the method of interpretation (applied to the current rules of law) were used in the work. The formal-legal method traces the relationship between the content and form of legal norms using the tools of legal techniques. It is shown that the most important factor in the modernization of lawmaking should be a doctrinal justification to eliminate distortions of the social mechanism of lawmaking, ensuring maximum and objective interaction of all other factors influencing the development of domestic lawmaking. It is argued that in the process of making a lawmaking decision it is necessary to proceed, first, from their expediency, objective necessity. Furthermore, it is necessary to take into account the forecasting of the consequences arising from the implementation of the law. The expediency of making a scientific forecast of the expected positive and negative consequences that arise as a result of issuing a certain law-making decision is substantiated. The results of the study can be used in lawmaking to improve the quality and effectiveness of legislation. Doctrinal views on the legal technique of rulemaking actualize the requirement of validity and certainty. The quality of rulemaking is evidenced by the necessary degree of accuracy and completeness of reflection in the rules of law of the real needs of social relations. At the time of the adoption of the bill "On law-making activities", which will regulate public relations in the field of rulemaking in Ukraine. Rulemaking should be based on a more solid foundation, namely the legal technique as a set of techniques and methods of preparation, consideration, adoption, and promulgation of draft regulations, law enforcement, interpretative acts that provide a complete, simple, accurate, economic relationship with the realities of life, by the will of the legislator or interpreter. With this approach, the feasibility study of rulemaking will be based on objective knowledge developed by legal science, rather than on a subjective assessment of the quality of the draft law, which may be erroneous or even have a corruption and lobbying component. [ABSTRACT FROM AUTHOR]

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