On the scientific methodology for formulating the concept of legislative development in Ukraine

The article provides a theoretical and methodological substantiation for the formation of a concept of progressive development of Ukrainian legislation – as a necessary condition for the qualitative reform of the national legal system. The essence and content of the main theoretical categories related to the stated issue and their components are analyzed and revealed, including "concept", "development", "legislation", "national legislation", "development of legislation", the general category of the "concept of legislative development", and the concept of the "legal doctrine of Ukraine". The concept of legislative development is defined as "unified, decisive vision for a comprehensive transformation of the system of legal norms, the implementation of which will grant the national legislation of Ukraine new qualitative characteristics". It is demonstrated that legislative development, as a normative unity, does not inherently equate to progress, as both qualitative improvements and degradation (regression) of the system of norms are possible. This should be taken into account while evaluating the effectiveness of law-making activities. Authors propose a new vision for the algorithm of preparing the concept of legislative development. The necessity of formulating a legal doctrine and introducing a methodology for the systemic and structural arrangement of the normative provisions of existing legislation is highlighted. This methodology should include the revision and classification of such provisions, a revision aimed at the consolidation of laws, the analysis and incorporation of legislation, and a substantive review of the domain of legislative acts. In the context of a future legal reform, special emphasis is taken on the need to adopt a special law on laws and legislative activity, as well as constitutional amendments that would lay the foundations for a clear legislative structure and introduce a classification of laws based on their legal force. Particular attention is devoted to analyzing the root causes of systemic dysfunction in the legislative sphere, while proposing certain measures to balance it, including the chaotic nature of lawmaking, the overburdening of the legal system, the lack of systemic approach in norm-making, and legal nihilism. The article contains proposals for legal reform, which may be conducted through cooperation between civil society and the academic community – even under conditions of limited capacity of state institutions.

legislation, concept of legislative development, legal doctrine, organic laws, constitutional laws, legal reform, legislative structuring