THEORETICAL AND LEGAL ASPECTS OF DETERMINING THE SUBJECT COMPOSITION OF LEGAL MONITORING IN UKRAINE

Abstract

The article deals with the problems of defining subjects of legal monitoring. The author’s definition and list of subjects of legal monitoring have been formulated. Most of the authors refer to the subjects of legal monitoring as state bodies, local self-government bodies, and other bodies that carry out monitoring measures within the scope of the subject and on the basis of special powers granted to them by the relevant normative legal act. It is proposed to expand the list of subjects of legal monitoring by adding non-state institutions and organizations, public and scientific institutes, and individual citizens. Taking into account the various scientific approaches that exist in the theory of legal monitoring, classifications of the subjects of legal monitoring are proposed. A conclusion is made about the need to separate subjects and participants of legal monitoring. Based on the analysis of current legislation and the practice of monitoring studies, proposals are put forward to improve the legislative regulation of the activities of legal monitoring entities (draft Law of Ukraine “On Law-Making Activities”, register No. 5707 dated 06/25/2021). It is proposed to provide for proactive monitoring studies in the legal field. Initiative participants should be empowered at the legislative level to present materials reflecting the results of independently conducted legal monitoring. Such materials must be accounted for by the coordinator of legal monitoring. A general conclusion is made regarding the inclusion of civil society institutions, expert councils at higher state authorities, scientific organizations, corporate associations, human rights and environmental organizations in the legal monitoring work; political parties, mass media, citizens. This will lead to an increase in the quality of law-making and law-enforcement activities, will contribute to overcoming legal nihilism among the population, and will increase the level of trust in the state.