LAW-MAKING ACTIVITY OF PUBLIC LAW ENTITIES

Abstract

The article is devoted to the study of the law-making activity of public law entities in the context of the transformation of the public administration system of Ukraine. The relevance of the topic is due to the entry into force of the Law of Ukraine “On Law-Making Activity” dated August 24, 2023 № 3354-IХ, which defined an updated model of the subject composition of law-making, procedural principles for the adoption of regulatory legal acts and mechanisms for ensuring their legality. Particular attention is paid to the problem of distinguishing the concepts of “other state authorities” and “other public law entities”, which is of fundamental importance for determining the boundaries of their competence. The paper substantiates that law-making activity is a form of exercising public power, has a power and derivative nature, is carried out within the competence defined by law and is subject to the principles of legality, hierarchy of regulatory acts and proportionality. The legal nature of ministerial orders as the main form of exercising their law-making powers in accordance with the Law of Ukraine “On Central Executive Bodies” is analyzed, in particular the requirements for state registration, official publication, entry into force, appeal and cancellation. It is established that the introduced control mechanisms – state registration, judicial review, the possibility of cancellation of acts by the Cabinet of Ministers of Ukraine – form a system of guarantees of the legitimacy of subordinate legislation. The law-making activity of central executive bodies with a special status is separately considered, the acts of which are adopted in the form of orders, resolutions, decisions or instructions depending on the functional specialization of the body. The importance of procedural standards stipulated by the Law of Ukraine “On Administrative Procedure” and legislation on regulatory policy as tools for implementing the principles of good governance, transparency and public participation is emphasized. It is concluded that the current legislation forms a complex and hierarchically ordered model of law-making activity of executive bodies, but requires further doctrinal specification of the criteria for distinguishing between regulatory and administrative acts and improvement of mechanisms for preventing regulatory inflation.