PROPORTIONALITY IN THE SYSTEM OF PRINCIPLES OF LAWMAKING ACTIVITY

Abstract

The article is devoted to the question of the place of proportionality in the system of principles of lawmaking activity, which are defined in the Law of Ukraine on Lawmaking Activity of August 24, 2023 No. 3354-IX. The article notes that the principles of lawmaking activity are derived from the principles of law and serve as the methodological basis for this activity. It is noted that proportionality is a basis of lawmaking. This principle is a constant in the European standardization of the rule of law, which is embodied in the sources of European law. Emphasizing the importance of proportionality requirements for lawmaking, the Ukrainian legislator singled out proportionality as an independent principle, separate from the rule of law. However, the author, from the standpoint of a systematic approach, justifies the doubtfulness of such a separation. Proportionality has an immanent connection with the rule of law, which has long historical roots and is firmly settled in modern scientific thought and practice. Proportionality is an established component, an organic property of the principle of the rule of law, its sub-principle, and through its own requirements, including in the field of lawmaking, relays the concept of the rule of law. Conclusively, the artificial separation of the principles of lawmaking proportionality from the rule of law in the legislative system may lead to a defect in the interpretation of both phenomena. Despite its own requirements of proportionality in lawmaking, the independence of the sub-principle under study is relative. It is proposed not to separate proportionality from the rule of law, but rather to include it in the latter. It is also noted that the provided system of principles of lawmaking activities requires amendments in terms of the principle of “necessity and validity”, which should be combined with proportionality.