THE IMPORTANCE AND ROLE OF CODIFICATION IN ORDERING THE LEGISLATION OF UKRAINE

Abstract

The article defines the features of codification as a form of ordering and systematization of the legislation of Ukraine, carried out with the aim of ensuring effective legal regulation of social relations, achieving internal unity of legal norms, overcoming contradictions between legal norms, ensuring their legal certainty and bringing them into line with the law of the European Union.
It has been established that the codification of legislation is a form of its ordering, endowed with a law-making nature and consists in the creation of a unified, innovative, harmonious legislative act by applying the results of preliminary forms of systematization, analysis of social relations, with the aim of establishing effective and efficient legislation that meets public needs. It has been substantiated that during the codification process, the draft legal act incorporates existing legal norms that have not lost their validity, as well as norms that have been created and introduce qualitative changes to the regulation of a specific area of social relations. Moreover, the combination of ordering and updating legislation in codification allows it to be considered the most perfect, highest form of lawmaking.
It has been established that the features of codification as a form of streamlining legislation are that it: 1) is carried out by special subjects of state authorities of Ukraine; 2) is carried out according to the procedure established by legal norms; 3) is of a state-power nature; 4) as a result of codification, a normative legal act is adopted; 5) regulates a certain area of public relations. At the same time, internal (legislative ordering and modernization) and external (effectiveness of legal regulation and accessibility of legislation) objectives of legislative codification are highlighted. Emphasis is placed on the fact that one of the objectives of the process of codifying Ukrainian legislation is its harmonization with European Union law and international treaties, the binding nature of which has been granted by the Verkhovna Rada of Ukraine.
It is concluded that the codification of legislation results in the improvement of both the form and content of legal material, which, through significant transformations, acquires characteristics of unity and consistency. Furthermore, codification as a form of legislative ordering is important not only for improving the legislative regulation of social relations but also for the development of the entire legal system.