Constitutional bases of regulation of normative activity of state authorities in Ukraine

Abstract

The Constitution of Ukraine, as the Basic Law in the modern Ukrainian state, determines the principles of organization and exercise of state power, defines the range of powers of public authorities, the means of their mutual control. Due to the fact that the rule-making activity of public authorities is an important element and means of organizing and exercising public power, it is also subject to constitutional regulation on the basis of important constitutional principles. At the same time, the Constitution of Ukraine sets only key requirements for rule-making activities of public authorities and their officials, primarily in relation to the parliament – the Verkhovna Rada of Ukraine, much less determines the requirements for rule-making activities by the President of Ukraine and executive bodies. To date, the procedure for regulating the rule-making activities of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, central executive bodies, and local state administrations, including legislative regulation where required by the Constitution, has not been properly implemented. Moreover, a number of such issues are regulated in bylaws (in particular, the issue of publication of regulations, preparation, adoption, state registration of acts of central executive bodies). As the analysis of this array of normative legal acts shows, they are not based on a single legislative basis, they are an example of palliative, extraordinary and forced temporary regulation in the absence of a proper legislative basis for normative activity in accordance with the Constitution of Ukraine. The above indicates the need for urgent regulation by law of general issues of rule-making activities of public authorities, many of which still remain outside the scope of legislative regulation, namely the hierarchy and legal force of regulations of public authorities, the implementation and principles of rule-making activities, space, time and number of persons, rules of rule-making technique, the order of state registration of normative acts, the order of publication and entry into force of normative acts of state authorities.