The dissertation is devoted to a comprehensive scientific and legal study of the legal status of the Ministry of Justice of Ukraine as a subject of legislation with a view to further determining effective mechanisms for improving the legislative activity of central and local executive authorities, as well as local self-government bodies, for the purpose of effective implementation of the state legal policy.
In the course of the research the author has clarified the essence and content of the category "law-making activity"; determined the range of subjects of law-making activity in Ukraine; revealed the essence of the state legal policy, which is implemented, in particular, through the implementation of law-making activity; clarified the content of the administrative and legal status of the Ministry of Justice of Ukraine; analysed the regulatory framework for the activity of the Ministry of Justice of Ukraine; established the peculiarities of the activity of the Ministry of Justice of Ukraine as a subject of law-making activity.
On the basis of the results of the study the author proposes to define the concept and content of the category "law-making activity", which should be understood as the activity of law-making bodies and bodies supporting law-making, the purpose of which is law-making, i.e. formation of the legal system of a given state with due regard to its value characteristics. The author proves that an important element of the law-making activity is law-making, which is carried out by lawmakers and includes planning, development and adoption (publication) of regulatory legal acts. Legislative activity also includes registration of regulatory legal acts, keeping of their records and legal supervision, which is carried out not only by legislators but also by law enforcement bodies.
It is established that the subjects of legislative activity are: subjects of legislation and subjects of assistance to legislation. The subjects of legislative activity are state authorities, organs of local self-government, their officials and other bodies vested by the Constitution of Ukraine and/or by law with the authority to adopt (issue) regulatory legal acts. Subjects of legislative support are natural and legal persons performing the tasks of scientific, legal, expert, advisory, technical and other types of legislative support.
It is proved that the introduction and implementation of the state legal policy is ensured first of all by effective and consistent legislative activity, which results in a coherent system of legal acts regulating social relations and reflecting the value orientation of the state.
The author states that the administrative and legal status of the Ministry of Justice of Ukraine consists of a set of interrelated elements (powers, tasks, functions). The author makes it possible to determine its role and place in the system of the state mechanism, in the process of formation and implementation of the state legal policy and other spheres of the state policy.
It is established that the Ministry of Justice of Ukraine, as the Ministry ensuring the formation of the State legal policy and as a participant in the legislative process in accordance with the provisions of the Law of Ukraine "On Legislation" dated 24.08.2023 ¹ 3354-IX, is both a subject of legislation and a subject of legislative support.
The author notes that the basis of legal regulation of the Ministry of Justice of Ukraine is formed by legal acts of different legal force, which together form an interrelated and orderly system.
There are two groups of legal acts regulating the activities of the Ministry of Justice of Ukraine: 1) those directly regulating the activities of the Ministry of Justice of Ukraine itself, determining the organisation and procedure of its activities, main tasks, powers and functions; 2) those regulating its activities in accordance with the spheres of its main competences.
The author proves that the Ministry of Justice of Ukraine is a subject of legislation in all spheres of its activity and is authorised to issue decrees which have the character of subordinate regulatory acts and are binding both on the Ministry itself and on other subjects of legal relations whose activities fall within the scope of its regulatory framework.
Keywords: legislative, regulatory, state legal policy, Ministry of Justice of Ukraine, administrative and legal status, legal principles of activity, administrative and legal regulation, regulatory act, powers, competence, subject of legislation, body ensuring implementation of state legal policy.
