THE MECHANISM OF IMPLEMENTATION OF THE NORMATIVE POWERS OF THE PRESIDENT OF UKRAINE: THE CURRENT STATE OF LEGAL REGULATION AND PROSPECTS FOR IMPROVEMENT

Abstract

The purpose of this article is to define the existing status of normative legal regulation of the mechanism for the implementation of the President of Ukraine’s normative powers and to propose ways to enhance it. To achieve this goal, the article considers the mechanism of activity of the President of Ukraine at the regulatory level to adopt decrees, suspend acts of the Cabinet of Ministers of Ukraine, cancel acts of the Council of Ministers of the Autonomous Republic of Crimea and decisions of heads of local state administrations. The current situation of normative-legal regulation of cases of implementation, as well as the method for implementing the normative initiative and exercising the power of veto, has been clarified. The normative and legal basis of the normative activity of the President of Ukraine and his condition are analysed. The existence of such legal regulation problems in the President of Ukraine’s normative activity is substantiated, as follows: the lack of a normatively fixed exhaustive list of his powers and defined competence for normative legal regulation through direct and indirect means; the validity of outdated normative legal acts that regulate the activities of bodies that are no longer functioning under the President of Ukraine; and an insufficient level of development of the mechanism for normative legal regulation. Attention is paid to the problem of determining the subject area of the law-making initiative by the authorised entities. Directions for improving the implementation by the President of Ukraine of the function of direct and indirect legal regulation through amendments and additions to the legislation have been developed. The need for further refinement and improvement of the regulatory framework for the activities of the President of Ukraine in general, and, in particular, the performance of the function of legal regulation by him and other subjects of public administration (as well as other public authorities), was emphasised at the end of the article. The prospect of more research to optimise the legal regulation mechanism in Ukraine in general, and the President of Ukraine in particular, is described.