Almanac of law. Issue 15 (2024), pages 579–584.
DOI: 10.33663/2524-017X-2024-15-579-584
Lypivskyi V.
Legality of regulatory and legal acts: concepts, signs, requirements
The main aspects of the manifestation of the principle of legality as an important factor in the functioning of the system of normative legal acts, which is the result of rule-making activity, have been studied. The category of rule-making is considered in broad and narrow meanings. Broadly speaking, it is the activity of subjects that ensures the development and adoption of social norms that ensure social regulation and social order. In a narrow sense, rulemaking is understood as a process that can be generalized as law-making and law-making. It is in this sense that rule-making ensures the establishment of the need for legal regulation, the definition of the subject, the type of legal act, and the adoption of a decision on its development; preparation of the concept and project of the document; its preliminary consideration and discussion; official consideration of the project and its acceptance.
A normative-legal act is defined as a document adopted by an authorized subject within the framework of the rule-making process and normatively established powers, which establish, change or terminate the effect of a rule of law, endowed with legal force, is an element of the legal system, has a formal expression and is based on a set of principles, being a means of giving the society features of system.
It is noted that legality as a principle of normative legal acts has a complex meaning, special aspects of manifestation and requirements.
It is this definition, in our opinion, that provides an idea of a normative legal act as a formal expression of law, the result of rulemaking, which is an element of a coherent system based on the system of requirements (principles) of law.
This category is defined as the guiding principles (ideas) determined by the laws of social existence, which are established in normative legal acts in order to determine the content and main directions of legal regulation. defines the fundamental role of principles as guiding principles; emphasizes the consolidation of principles, which, on the one hand, characterizes these principles as the result of rule-making, and on the other — as a means of influencing it; determines the content and directions of legal regulation.
The legality of normative legal acts is characterized as an important principle of law, which is the basis for the functioning of normative documents; as a requirement for the activity of law-making subjects, as a means of ensuring the hierarchical subordination of the system of legal documents; as a principle of behavior of legal subjects.
The system of requirements aimed at ensuring the unity of the principle of legality is studied. Among them is the unity and universality of legality, the rule of law; interaction of legality and expediency, constitutional consolidation of human rights, freedoms and interests.
Key words: rule-making, normative-legal act, rule of law, rule of law, law-making, law, bylaw, legal regulation.
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Vladyslav Vyacheslavovich Lypivsky,
Postgraduate Student at the V. M. Koretsky Institute of State and Law, NAS of Ukraine
ORCID: 0009-0007-2609-8551