Topolyanska T. Constitutional and procedural bases of the legislative initiative right implementation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U005677

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

03-12-2009

Specialized Academic Board

Д 26.867.01

Essay

The object of the dissertation research is theoretical and practical aspects of one of law-making procedures - the procedure of legislative initiative. According to the available information of the general sphere of the research subject existence, the author investigates questions connected with the deep nature of the subject: its features, characteristics, particularities. Here it is provided the understanding of something special in the meanings of the procedure of legislative initiative in comparison with general term "legislative procedure" in all law-making process. Consideration of the question of subject's matter gives an opportunity to describe different elements and parts of the procedure of legislative initiative in their interdependence. So, as for the subject - legislative initiative, the author describes its essence as legal relation and certain content of compound elements: empowered subjects of legislative initiative, motive of legislative initiative as a legal relation, substance of legislative initiative as a legal relation and object of legislative initiative as a legal relation. Substance of legislative initiative as a legal relation appeals for the completeness of this stage existence with determined legal consequences. Substance of the legislative initiative implementation (in its meaning as a stage of the legislative process) includes rights and obligations of the empowered subjects of legislative initiative, of the subjects of legislative procedure and of the subject of legislative authority on the stage of the legislative initiative right implementation and on the legislative process stage "consideration, deliberation, enactment of a bill".On the legislative process stage "consideration, deliberation, enactment of a bill" the empowered subjects of legislative initiative have the right to amend a law. It is suggested to consider amendments as secondary legislative initiative right forms of realization. More precise definitions of rights and obligations of the empowered subjects of legislative initiative during the stage of law consideration, deliberation, enactment of a bill are suggested.

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