Hunko N. Amendments to laws of Ukraine: general theoretical and technical-technological issues

The thesis deals with a topical subject and is devoted to the main general and specific features of the adjusting law-making activity, its technique and technology, as well as to the ways to resolve problems of this activity in Ukraine. The paper clarifies the legal nature and concepts of the law-making activity and of law; identifies main general and specific features of the adjusting law-making activity (introducing amendments to laws), its concept was defined. By the criteria of the functions of laws (regulatory and supporting) regulatory and supporting laws are distinguished. Among supporting laws are adjusting laws (amending laws). The main general and specific features of adjusting law have been identified, its concept has been defined. Relation between adjusting law, transitional provisions, and the new version of the law was found. It was proposed that the results of adjusting law-making activity should be spelled out only in adjusting laws. The nature of law-making technique and law-making technology have been clarified, their concepts have been improved. Concepts of Additions to the laws, Changings to the laws, Introducing of additions to laws, Introducing of changings to laws have been clarified as those which reflect relatively autonomous phenomenons. Main general and specific features of adjusting law-making technique and technology have been identified, their concepts have been defined. The current state of implementing of adjusting law-making activity in Ukraine has been characterized, its problems were determined: high dynamism of adjusting law-making activity; a large number of laws and adjusting laws particularly; interest group lobbying; necessity of the regulatory act which establishes unified procedure for adjusting law-making activity implementing; appropriate definitions are not legally fixed; there are a large number of the legislative mistakes; System of laws of Ukraine is unbalanced. Proposals for addressing such problems have been developed: to set out unified procedure for adjusting law-making activity in the regulatory act; definitions of law-making activity, adjusting law-making activity, law, adjusting law, adjusting law-making technique and technology should be legally fixed; responsibilities and powers of the subjects and participants of adjusting law-making activity should be established; substantial and formal requirements for the law-making activity, and for adjusting law-making activity, for laws and adjusting laws should be established; qualification requirements for subjects and participants of adjusting law-making activity should be defined; to make amendments to the Law of Ukraine «On the Rules of Procedure of the Verkhovna Rada of Ukraine»; monitoring program that would contain appropriate means of prevention (considering the index of dynamism) and overcoming the risks of unbalanced system of laws of Ukraine should be developed.