The research of the principles of legislative activity is mediated by the methodology of studying the categories of "legal principles" and "legislative activity," which do not have a singular interpretation in the legal doctrine. Based on the analysis of existing approaches in the legal science, it is asserted by the authors that legal principles are the fundamental ideas of its existence, which express the most important regularities and foundations of the given type of state and law, are on par with the essence of law, and constitute its main features. They are characterized by universality, higher imperativeness, and generality, corresponding to the objective necessity of building and strengthening a certain social order. Legislative activity can be understood as an organizationally regulated, special form of activity of authorized subjects, and as a result the needs of social development and the requirements of justice acquire a legal form, which finds its expression in a particular source of law (normative act, precedent, custom, etc.). Accordingly, it can be confidently argued that the principles of legislative activity are the fundamental ideas of its existence, which express the most important regularities and foundations of legislative activity, constitute its main features, are characterized by universality, higher imperativeness, and generality, ensure the formation of regulatory legal acts, by means of which legal norms are introduced, modified, or repealed in the existing legal system. The Law of Ukraine "On Legislative Activity" features such peculiarities as an extremely broad definition of the content of the rule of law, which includes a number of other principles, the list of which is not exhaustive. The content of all other principles enshrined in the Law of Ukraine "On Legislative Activity" is disclosed in the context of the specificity of legislative activity. A conclusion is drawn regarding the necessity of adhering to such principles of legislative activity as the rule of law, compliance with international human rights standards, democracy, proportionality, necessity and substantiation, systematic approach, scientific support, and resource provision.
legal principles, legislative activity, principles of legislative activity, rule of law, human rights, international standards
https://doi.org/10.31359/1993-0909-2024-31-2-15
Retrieved from Journal NALSU №2, 2024 year
Pages 15-33