Rule-making by executive authorities: problems of theory and practice

Abstract

The article examines problematic issues of rule-making by executive authorities, which are aimed at improving and ensuring the effectiveness of rule-making activities, which is an effective condition for the successful formation of the legal system of Ukraine, taking into account the state-legal reform, as well as the current level of its development.
 When implementing state-legal reform, the needs of rule-making have their own peculiarity, since the legal regulation of social relations cannot be imagined without normative-legal acts of executive authorities. As a result, it can be seen that the main task in this area is to improve and optimize the forms of implementation of their rule-making activities and to determine the degree of legal influence on social relations.
 In Ukraine, until recently, due attention was not paid to the problems of sub-legal norm-making. In some areas, they were covered only fragmentarily. As a result, the practice of implementing rule-making activities remains ineffective, since the activities of executive authorities are largely disorganized, and the creation of a new system is extremely slow and contradictory.
 It was determined that rule-making is a special activity of the state, in the person of specially authorized subjects of power, which are aimed at the normative consolidation of public needs and interests and the provision of appropriate conditions for the realization of the rights and freedoms of citizens and their effective protection, which is carried out by creating a system internally agreed normative legal acts with the aim of increasing the effectiveness of regulation of social relations in Ukraine.
 It is noted that the most fully reveal the content and purpose of the rule-making activity of the executive authorities, its main principles and special features, which contribute to the actual reflection of social regularities in legal prescriptions.
 Proposals regarding the improvement of legal regulation of the rule-making activity of the executive authorities were provided.