PARTICIPANTS OF LAWMAKING ACTIVITY: NORMATIVE AND DOCTRINAL ASPECTS OF COMPREHENSION IN UKRAINIAN

Abstract

Lawmaking activity fulfills its important social role, aimed at regulating a certain sphere of social relations in order to ensure the rights and legitimate interests of participants of social relations. In legal science the issue of the subject composition of lawmaking activity has been a controversial one for a long time. However, the gradual departure from the positivist approach to lawmaking contributed to the defining the state as the main, but not the only subject of lawmaking activity, that was reflected in the Law of Ukraine “On Lawmaking Activity”. Today the subjects of lawmaking activity, subjects of lawmaking initiative, subjects of lawmaking provision and interested persons are defined as the participants of the lawmaking process. The authors consider this approach as entirely justified in the aspect of theory of existence, functioning and correlation between civil society and legal state (the rule of law), since a lawmaking is the final stage in the process of creating law. At the same time, the question of the hour is the theoretical and methodological analysis of the constructive role of all participants in the lawmaking process as well as the issue of personalizing these participants. In the article there personified the circle of lawmaking participants, defined their status and powers in accordance with the provisions of legal doctrine and current legislation.The authors conclude that the issue of the constructive role of all participants in lawmaking activity in the process of legal monitoring deserves special attention, since the lawmaking activity is not only activities related to planning, developing the projects and adopting the normative-legal acts, but also keeping their records and carrying out legal monitoring according to the provisions of the Law of Ukraine “On Lawmaking Activity”. The authors emphasize on the need to adopt the special Law of Ukraine “On Legal Monitoring”, which will actually regulate the functionality of participants of lawmaking activity of each group, that has its own specifics at each stage of legal monitoring.