The scientific-practical Law Journal
“Almanac of Law” Volume 14 (2023), 114-120 p.
DOI: 10.33663/2524-017X-2023-14-114-120
Bobrovnyk S. V. Development Trends of Modern Legislation of Ukraine
The development of modern society is impossible without the formation of a solid normative basis for its functioning. The right that corresponds to the level of development of the social system is able to reflect, consolidate and balance various public interests; designed to implement constitutional requirements regarding the definition of human rights and freedoms as the highest social value, is a real tool for social transformations and democratic reforms.
The constitutional declaration of Ukraine as a legal social state significantly increases the importance of law, the implementation of which is directly related to the creation of a non-permanent, hierarchically subordinated system of norms covered by the concept of legislation. His scientific analysis, substantiation of ways to improve efficiency and improvement is directly related to the quality of the legal system and legal life of society, and therefore has a significant degree of scientific and practical relevance.
The purpose of the article is to find out the trends in the development of modern legislation of Ukraine in terms of improving its theoretical and legal vision and ways of practical reform. Having analyzed the existing approaches to the concept of legislation, we will determine certain trends in its development. Of course, it is quite problematic to find out all of them in this publication, so let’s pay attention to those that are the least researched. We are talking about such trends as a real increase in the significance and role of a person in legislation, an increase in the social basis of legislation; implementation of the principle of the rule of law, establishment of the legal nature of the decisions of the Constitutional Court of Ukraine and their place in the legal system, overcoming the contradictions of legal prescriptions and legal conflicts, the possibility of referring law enforcement acts to the legal system.
The development of the legal sphere of modern society is connected with the necessity of a real increase in the significance and role of a person. This trend is also characteristic of the development of legislation and implies the urgency of implementing an anthropological and communicative perception of it.
An important aspect of improving legislation is its characterization as an element of broader phenomena and processes, the basis of which is society. Hence, the characteristic of the social basis of legislation is of great importance, due to its action within social relations and its importance for securing, guaranteeing and protecting human rights and freedoms. Socially oriented legislation is gaining decisive importance in establishing basic social values, partnership relations between the state and society, and ensuring social compromise.
An important trend in the development of legislation is the implementation of the principle of the rule of law, which is manifested in its ability to ensure the compliance of law-making, legal interpretation and law enforcement with the requirements of the law, the focus on the establishment of the state as a legal one.
One of the important tasks of modern legal science, which has both scientific and practical significance, is ensuring the integrity of the legal system as a necessary component of the normative basis of the legal system. This is connected with the need to identify such an important area of improvement of the legislation as overcoming the contradictions of legal prescriptions and legal conflicts.
One of the important trends in the development of legislation is the possibility of assigning acts of law enforcement to the system of legislation. This can be justified as follows. Since we have defined legislation as a system of normative acts, we must focus on their characteristic features. Among them, it is possible to focus attention on acceptance by the competent authorities of the state, documentary form, availability of a certain status and guarantee from the state, official nature, binding force, possibility of appeal or protest by interested persons.
An important trend in the development of modern legislation is the provision of normative regulation in the conditions of martial law. In this aspect, it is extremely important to clarify the ratio of general sources of law, which unite acts that ensure the regulation of social relations under any conditions of the life of society and special acts that establish a temporary legal basis for the activities of legal subjects during the period of military state and liquidation of the consequences of the invasion of the Russian Federation on the territory of Ukraine.
Key words: law-making, legislation, regulatory act, theory of law, anthropology, rule of law, law enforcement act, legal conflicts, law enforcement, martial law, legal means, legal regulation.
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