Право і безпека (Dec 2021)
General characteristics of departmental lawmaking activity of the Ministry of Internal Affairs of Ukraine
Abstract
Problematic aspects of modern understanding of the category of “law formation” as a source for further scientific interpretation of the concepts of “lawmaking”, “departmental lawmaking” and “departmental regulations”, as well as a better understanding of the essence of lawmaking of the Ministry of Internal Affairs were studied. The aim of the research was to determine the basic requirements that must meet both departmental lawmaking of the Ministry of Internal Affairs of Ukraine and its end result such as departmental regulations, based on the fundamental aggregate conclusions of modern legal science in the study of “law formation”, “lawmaking”, “departmental lawmaking” and “departmental regulations”. The study found that the concept of “law formation” is broader and more key compared to the concepts of “lawmaking”, “departmental lawmaking” and “departmental lawmaking” of the Ministry of Internal Affairs of Ukraine, and it should be based on natural law approach to legal understanding, namely three fundamental provisions: 1) commonalities and differences between law and legislation, i.e. legislation can exist outside its most common form (law) in the form of a measure of freedom and equality, which is reflected in the principles of law, subjective rights, legal relations, customs, and more; 2) the concepts of civil society and the rule of law, according to which priority is given to civil society itself, i.e. the community of independent, equal and free persons who are citizens of a particular state; 3) the principle of separation of powers. Therefore, the departmental normative act must meet the following requirements: to be an approved by the body authorized to do, to meet the conditions of social progress, to have the ability to regulate social relations, to be universally binding and not to contain norms governing social relations that have ceased to exist.
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