Disputable issues regarding the systematisation of bylaws and regulations
Abstract
The article deals with the issue of systematisation of by-laws and regulations resulting from the adoption of the Law of Ukraine “On Lawmaking”.
It is noted that the adoption of the Law of Ukraine “On Lawmaking” has not fundamentally solved the problem of streamlining of regulatory legal acts. The unresolved nature of a wide range of issues related to the systematisation of legislation gives rise, in particular, to many debatable issues, such as: clarifying the admissibility and expediency of codification of bylaws and regulations; determining and regulating the most optimal forms of systematisation of bylaws and regulations, and the role and possibilities of consolidation as a form of systematisation of bylaws and regulations.
Based on the analysis of the Law of Ukraine “On Lawmaking”, the article determines that the legislator, firstly, has not proposed a definition of codification as a form of lawmaking, and secondly, has not classified the types of codification by their legal force. Thus, the question of the potential existence of codification bylaws in the context of the Law of Ukraine “On Lawmaking” is left unsolved. Instead, the practice of subordinate legislation confirms the regularity of the existence of codification subordinate acts in the structure of the legislative system. The authors point out that the main form of subordinate legislation is resolutions of the Cabinet of Ministers of Ukraine.
It is noted that the existing theoretical developments and foreign experience of regulating both formal and informal incorporation indicate that it is inexpedient to introduce it in Ukraine through amendments to the Law of Ukraine “On Lawmaking”, since incorporation does not have the features of lawmaking at all, and therefore it cannot be the subject of legal regulation by the Law on Laws.
It is emphasised that, given the current doctrinal understanding of the peculiarities of alternative codifications of by-laws and regulations in Ukraine, it would be advisable to adopt a separate legal act (at the level of a resolution of the Cabinet of Ministers of Ukraine) which would regulate the rules for systematisation of by-laws and regulations in the system of executive authorities, based on the Law of Ukraine “On Lawmaking”.
It is concluded that the issue of the subjective composition of public authorities with regard to the specific forms of systematisation of by-laws and regulations requires normative and doctrinal certainty, given the consolidation of legislation.
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