On the question of the functions of the Regulation of the Verkhovna Rada of Ukraine: an attempt at theoretical and legal systematization

Abstract

The proposed article provides a theoretical and legal generalization of the functions of the Regulation of the Verkhovna Rada of Ukraine. Under them, it is proposed to understand the main directions and types of influence of this Regulation on the work order of the Verkhovna Rada of Ukraine, its bodies and officials, on the principles of formation, organization of activity and termination of the activity of deputy factions (deputy groups) in the Verkhovna Rada of Ukraine, on the principles of formation, organization of activity and the termination of the coalition of deputy factions in the Verkhovna Rada of Ukraine, as well as the procedure for preparing and conducting sessions of the Verkhovna Rada of Ukraine, its meetings, the formation of state bodies, the definition of the legislative procedure, the procedures for consideration of other issues assigned to its powers, and the procedure for the exercise of control functions of the Verkhovna Rada of Ukraine. It is found that the functions of the Regulation are characterized by a number of features that reflect its legal nature, direction, constitutional role and significance in the system of legislative acts of the state, these features are highlighted. It is proven that, taking into account the specificity of the constitutional role and the object of influence of the Regulation, it simultaneously performs four groups of functions: 1) general social (political, social, ideological, financial and economic, informational, communicative) and legal, and the latter are structurally differentiated into general legal, special-legal and specific-legal; 2) common law - those that are implemented by each normative legal act of higher legal force (law); 3) special legal ones - those that are implemented by every law belonging to the field of constitutional law; 4) specific-legal - those that are implemented by this legislative act, based on the specificity and uniqueness of its object. The specific legal functions of the Regulation include: 1) organizing; 2) functions ensuring the official role of the Regulation in relation to the Constitution; 3) regulatory and security; 4) institutional or organizational; 5) competent; 6) the function of ensuring parliamentary consensus; 7) the function of guaranteeing parliamentary continuity; 8) disciplinary (jurisdictional); 9) legitimization; 10) resource provision; 11) guarantor; 12) administrative; 13) constitutional and procedural.