Ryndiuk V. Streamlining the legislation of Ukraine: theoretical-methodological and technical-legal aspects

The dissertation is devoted to systematic research from the standpoint of the theory of dialectical legal understanding of the phenomenon of streamlining of legislation as a specific legal activity related to the improvement of current legislation. In the work for the first time in legal science the definition of the general concept of streamlining of legislation and its types is formulated, methodological, organizational- managerial and technical-legal aspects of streamlining of legislation are considered. The priority importance at the present stage of Ukraine’s development of streamlining of legislation in the implementation of state legal policy is substantiated. Streamlining of legislation is considered as one of the types of its improvement, and the legislation itself, as an object of streamlining, is studied in the context of legal understanding. Legislation, as a hierarchical set of normative legal acts of subjects of public authority at the levels of general (legislative acts) and special (bylaws), is a way of external expression of one of the types of law, namely legal written law. The characteristics of the legislation, which are crucial for understanding the content of activities for its streamlining, are studied, namely: legislation is analyzed in terms of such paired categories of dialectics as content and form, quality and quantity; it is proposed to define such properties of legislation as systemicity (property of the content of legislation) and orderliness (property of the form of legislation). Streamlining of legislation is considered in the context of praxeology of law as a science of legal activity. The author’s approach to defining the concept of streamlining legislation as a type of rule-making legal activity, the content of which is to improve the form of legislation without changing its content is proposed. There are two main types of streamlining legislation: streamlining of legislation at the level of legislative acts and streamlining of legislation at the level of bylaws. The practical solution to the problem of streamlining legislation involves a clearer definition of the optimal technical-legal ways of implementation of this activity, which are called revision, unification and consolidation of legislation. Particular attention is paid to the consideration of organizational-managerial prerequisites of the practical implementation of activities to streamline legislation in the rule-making process of public authorities.