Buhaiko Y. Constitutional and legal foundations of linguistic examination of draft laws in Ukraine

The dissertation is devoted to the complex research of the constitutional and legal foundations of linguistic examination of draft laws in Ukraine. A number of theoretical provisions and practical proposals for improving the legal regulation and organizational mechanism for the implementation of linguistic examination of draft laws in Ukraine have been formulated. Based on the terminological analysis of the subject field of linguistic examination of draft laws, a distinction is made between the terms «linguistic examination of draft laws» and «editorial elaboration of draft laws» in the context of the legislative procedure, the expediency of using the term «linguistic examination of draft laws» to denote a comprehensive linguistic study of draft laws is substantiated. The structure of relations related to the linguistic examination of draft laws is outlined. The content of the functions of linguistic examination of draft laws is revealed. On the basis of theoretical provisions on constitutional and legal relations, the features of linguistic examination of draft laws as an object of constitutional and legal science are determined. The genesis of scientific researches of domestic and foreign scientists, which serve as a theoretical and methodological basis of linguistic examination of draft laws, is reviewed. It is established that the emergence of research on various aspects of linguistic analysis of the legislative text occurs in the context of the development of legal linguistics. The methodology of research of linguistic examination of draft laws is formed from the position of post-positivist legal understanding in constitutional law, which is a system of different in content and form principles and methods of constitutional law research, which allow to obtain the most complete, objective and reliable knowledge.