Almanac of law. Issue 15 (2024), pages 18–22.
DOI: 10.33663/2524-017X-2024-15-18-22
Onishchenko N. M.
Regulatory activity: essential characteristics in new realities
The article examines the essential characteristics of norm-designing activity in the context of modern challenges and priorities, which is analyzed taking into account instrumental and substantive typological elements. It is this approach, taking into account instrumental practices and essential characteristics, that might be useful when considering the issues of adapting the legislation of Ukraine to the legislation of the European Union. Applied illustrations of norm-designing activities in foreign countries are provided. A conclusion is made regarding the need to involve in such activities both representatives of legal doctrine and representatives of legal practice. Certain attempts in this regard have repeatedly arisen in various state institutions, in particular in the Ministry of Justice of Ukraine. However, today there is an urgent need to create a single Center for planning and studying normative design activities, which was repeatedly discussed even before the full-scale invasion of the russian federation into Ukraine. And that extremely strengthens this necessity (regarding norm-designing activity) today.
It is somewhat more difficult to study the issue, which is related to the essential substantive aspect of normative design activity and is supported by illustrative conclusions in the context of veteran policy and the forms of its implementation. Veteran policy is usually considered in the context of the integration of veterans into civilian life. However, we understand today that after the Victory, a twofold process will take place: society will integrate veterans, and veterans will adapt society to life in new conditions and realities, taking into account the proximity of the state — sponsors of terrorism. In addition, the level of «non-legal consciousness» and «non-legal culture» existing in the Russian Federation deserves special attention in this context. It is clear that it is impossible to influence these processes in one day, one week, not even one year. Therefore, it is the systematic work, which will consist of appropriate educational practices, starting from schools, institutions of higher education, enterprises, organizations, etc., that can be organized by veterans, their representatives, and veteran centers. It is emphasized that such experience does not exist in world realities and practices. We are talking about creating a system of effective control over the state’s performance of its duties.
It is emphasized that normative design work at all levels should ensure human rights and freedoms, in particular by studying the best practices of the world level and developing and providing perfect normative forms of the new experience of legal development in Ukraine.
Key words: norm design, typology in norm design, «content» and «form» of norm design activity, instrumental approach to norm design, essential approach to norm design, veteran policy, norm-making style.
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