THE ESSENCE AND MEANING OF SYSTEMATIZATION OF UKRAINIAN LEGISLATION AS A COMPONENT OF LAW-MAKING ACTIVITY

Abstract

In the article the essence and features of systematization of Ukrainian legislation as a component of law-making activity were defined. It is established that in the conditions of quantitative increase of normative material the problem of ordering and systematization of Ukrainian legislation is relevant today in order to ensure effective legal regulation of social relations, achieve internal unity of legal norms, bring it into line with the legislation of the European Union, because legislation cannot function properly if it is not a mutually agreed system, the components of which are characterized by close interrelations and hierarchical structure. It is substantiated that such a property of legislation as systemicity characterizes not only the organization of the system of normative legal acts (their normative legal orders), determining horizontal (coordination) and vertical (subordination) relationships between normative legal acts (their components), but first of all, presupposes the integrity of legal regulation of certain social relations. Accordingly, knowledge of technical and legal methods for achieving systematicity of legislation in the process of rule-making activities of public authorities is of extremely important for ensuring the quality of legislation and, as a consequence, its effectiveness. As a result of systematization, legislation becomes more convenient and accessible for use, contributes to strengthening the rule of law in regulating public relations. It has been established that the features of systematization of legislation are that it: 1) represents the ordering of normative legal acts of different hierarchical levels; 2) concerns normative documents in a certain sphere of social relations; 3) is carried out in order to ensure the effective application of regulatory requirements in law enforcement activities. Taking into account the relevant features, it is proposed to understand the systematization of legislation as the normative and/or technical and legal activity of general or special entities with the aim of streamlining the existing legal regulations contained in legislative and subordinate normative legal acts of Ukraine, in order to ensure the formation of an effective system of legislation. It is concluded that in the process of systematization of the legislation of Ukraine it is important to: conduct legal monitoring, i.e. analyze normative legal acts to identify duplications, conflicts, and gaps; bring the legislation in accordance with the standards of design techniques to the proper state with minimal use of blanket and reference norms; implement the norms of international regulatory legal acts taking into account modern realities; novelization of legislation based on a combination of theoretical and practical achievements and positive European experience.