Volume 11 - Volume 11
Does a Modern European State Need a Law on Legal Acts? What Shall be the Law on Legal Acts in Ukraine?
Abstract
The purpose of this study is to determine whether a modern European state needs to adopt a law on
legal acts as a document that primarily sets out the statutory rules for law-making, which is necessary
in order to adapt Ukrainian legislation to the European legal standards.
For analytical purposes, we have determined that the European legal framework encompasses special
laws on legal acts as well as laws establishing the rules for law-making methods. Research has been
done on doctrinal approaches to the legal method issues. In addition, we have made a brief analysis of
the European Union legal framework concerning the law-making rules and studied the respective lawmaking legislation of Ukraine.
It has been concluded that the adoption of a special law on legal acts is not a priority task in the field of legal regulation for modern European states, although it is highly desirable in order to develop, amid academic pluralism, approaches to understanding legal methods and the need to compile a list of law-making tools for the purposes of regulatory definition and standardisation of types, forms and rules for evaluating adopted legislation (ex-post evaluation). To make law-making activities efficient in the states that used to be part of the socialist legal system in the past, legal formalisation is required, especially in post-Soviet states, such as Ukraine.
Paper Details
PaperID: 2398
Author's Name: Illya D. Shutak, Vitaliy M. Kosovych, Mykhail Kelman and Natalia N. Radanovych
Volume: Volume 11
Issues: Volume 11
Keywords: Law-making Rules, European Legislation, Legal Act, Draft Law of Ukraine on Legal Acts, Law-making Method, Principles of Law.
Year: 2021
Month: July
Pages: 3657-3674