Yuschyk O. The Theoretical Problems of Legislative Process

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0506U000043

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

20-01-2006

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

It is a place of legislative process in the legal reality as one of the kinds of legal process that is researched in the dissertation. There is treated the formation of the legislative process in the historic perspective, there is determined the essence of this event, there are stated its general notion and generic characteristics. There is substantiated the thesis that a legislative process is the process of creating the law in the governmentally organized society, which is realized on the basis of decision of the supreme State power interested in changing the normative content or the form of expressing the laws of the State by the way of specific legal activity of the governmental apparatus - the legislative activity. There are analyzed the preconditions and stages of formation of the national legislative process, the peculiarities of finding out its general essence under the conditions of independent Ukraine, there are researched the problems of organizing the basic kinds of legislative process - the constitutional, ordinary (parliamentary) and substitutive legislative process. There are stated the scientific bases of legislative process management and the methodological approaches to its reformation.

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