The lack of a unified legislative approach to the implementation of lawmaking activity, the definition of the types of regulatory legal acts, their legal force and hierarchy leads to contradictory practice of law enforcement and, as a result, to violations of human’s civil rights and freedoms. The implementation of various legislative initiatives, often inconsistent with each other or with program documents, the problems of systematic rule-making work are due to the lack of proper planning of law-making activities, which cannot ensure sustainable and gradual development of Ukraine in a certain direction.

The purpose of the article is to study the features of planning law-making activity as an important stage in creating an integral and internally agreed system of legal norms,subjects and planning deadlines, as well as providing proposals for further improving the planning of law-making activity, taking into account positive foreign experience.

Planning of law-making activity can be considered as a normatively regulated coordinated activity of state bodies, based on the results of forecasts and monitoring, which makes it possible to exclude accidental, ill-considered steps in legal enforcement, avoid spontaneity and inconsistency of law-making activity, eliminate duplication and collisions in regulatory legal acts, establish the sequence of their adoption, to coordinate the work of state bodies at different levels, to create the necessary conditions for the preparation of high quality documents.

The subjects of law-making activity, in order to determine the main directions and ensure the transparency of law-making activity, use perspective and current planning. It has been established that current plans, as a rule, are drawn up and approved by the subject of rule-making for a period of up to one year and contain the definition of the types and titles of acts, the main stages and terms of their preparation, as well as bodies responsible for the development of draft regulatory legal acts. In turn, perspective programs of law-making activity are drawn up and approved by the subject of rule-making, as a rule, for a period of more than a year and determine the direction of development of legal regulation of social relations, measures for codification and systematization of normative legal acts.

Planning of law-making activity requires an active position of those who are professionally involved in and are responsible for the development of rule-making in public authorities, which consists in constant monitoring of the state of legal support and the situation in a certain area of public relations, periodic revision of existing regulatory legal acts and initiating changes or updating those of them, which no longer work and slow down further development. At the same time, in order to increase the efficiency of planning law-making activity, the quality of regulatory legal acts and their substantive substantiation, it is also important to introduce mechanisms of legal forecasting based on scientific, technical and socio-economic forecasts of state and social development.

In view of the excessive pace of formation of the regulatory and legal framework, as well as the lack of regulation of the rules and procedure for the implementation of lawmaking initiatives, the expediency of the adoption by the Verkhovna Rada of Ukraine of the Law “On Law-Making Activity” and the creation of an integral system of standardized, comprehensive and coordinated planning of law-making activity, which should be carried out in accordance with certain program legal acts and international legal obligations of Ukraine, directions, priorities and goals based on the results of legal monitoring, legal forecasting and taking into account the Scientific concept of the development of Ukrainian legislation.

Bibliography

Authored books

1. Farrar J, Law Reform and the Law Commission (Sweet & Maxwell 2003) (in English).

2. Bohachova O, Zakonotvorennia: teoretyko-prykladni aspekty (Drukarnia Ruta 2012) (in Ukrainian).

3. Fedorenko H, Teoriia derzhavy i prava: navchalno-metodychnyi posibnyk (KNEU 2006) (in Ukrainian).

4. Kovalskyi V, Kozintsev I, Pravotvorchist: teoretychni ta lohichni zasady (Yurinkom Inter 2005) (in Ukrainian).

5. Muzyka L, Kontseptsiia tsyvilno-pravovoi polityky Ukrainy (Palyvoda A. V. 2020) (in Ukrainian). 6. Ryndiuk V, Normotvorcha diialnist: navchalno-metodychnyi posibnyk (KNEU 2009) (in Ukrainian).

7. Tsarkov Y, Razvytye pravoponymanyia v evropeiskoi tradytsyy prava (Yurydycheskyi tsentr Press 2006) (in Russian).

Journal articles

8. Husarov S, ‘Poniattia ta sutnist pravotvorchosti v Ukraini’ (2015) 2 Pravova systema: teoriia i praktyka 57 (in Ukrainian).

 9. Shahan O, ‘Systema pryntsypiv normotvorchosti (2014) 9 Naukovo-informatsiinyi visnyk 67 (in Ukrainian).

10. Shubert E, ‘Pryntsypy pidzakonnoi pravotvorchosti v Ukraini’ (2020) 4 Naukovyi visnyk publichnoho ta pryvatnoho prava 171 (in Ukrainian).

Conference papers

11. Podoliaka A, Zarubizhnyi dosvid perspektyvnoho planuvannia zakonodavchoi diialnosti parlamentu v Planuvannia zakonodavchoi diialnosti parlamentu: materialy mizhnarodnoi nauk.-prakt. Konferentsii (m. Kyiv, 22 chervnia 2010 r.) (Instytut zakonodavstva Verkhovnoi Rady Ukrainy 2011) 49 (in Ukrainian).

Theses

12. Bohachova O, ‘Teoretyko – pravovi zasady ta praktyka zakonotvorennia’ (dys d-ra yuryd nauk 2013) (in Ukrainian).

Websites

13. ‘Planuvannia, yak konstatuiuchyi faktor zakonotvorennia. Shliakhy vdoskonalennia v konteksti retseptsii zarubizhnoho dosvidu’ <http://lawdrafting.org/planing> (accessed: 13.12.2021) (in Ukrainian).

14. Shevchenko H, ‘Problemy normotvorchoi diialnosti subiektiv normotvorennia’ <https:// minjust.gov.ua/m/str_12895> (accessed: 13.12.2021) (in Ukrainian).