Практичні аспекти нормотворчості щодо актів органів місцевого самоврядування на прикладі Польщі та України

Abstract

Abstract. Today, international experience shows that one of the main subjects of rule-making activity in developed democratic countries is the Ministry of Justice, which, due to its professional orientation, deals daily with regulatory and legal acts of all levels and, through legal examination, reveals the shortcomings of draft acts, warns adoption of illegal norms, and also carries out a significant amount of legislative works. The Ministry of Justice of Ukraine plays an important role in the processes of rule-making in Ukraine. Decree of the President of Ukraine dated November 26, 2003 № 1348 "On improving the organization of legislative activity" since January 2006, the Ministry of Justice has been entrusted with the functions of the main drafter of all bills submitted by the President of Ukraine and the Cabinet of Ministers for consideration by the Verkhovna Rada. However, in addition to the functions assigned to the Ministry of Justice, until 2023, the state authorities and local self-government bodies followed the methodological guidelines adopted by the Ministry of Justice of Ukraine entitled "Methodical recommendations for the development of draft laws and compliance with the requirements of regulatory and project engineering". Under the requirements set before Ukraine, as a state that has fixed the course of European integration and adaptation of national legislation in accordance with EU law (EU acquis), forced to adopt the law of Ukraine "On rule-making activity" [1]. According to that, the technique of normative design is a set of technical and legal means, ways, techniques and methods, with the help of which a draft of a normative legal act is created. "For the first time in 32 years, Ukraine received a 'law about laws,'" - said the Speaker of the Verkhovna Rada of Ukraine Ruslan Stefanchuk. Unlike Ukraine, in Poland in 2002 the Prime Minister of Poland adopted a sub-legal act, which until now regulates the requirements to regulations in this country.