XV annual international scientific and practical conference "Legal foundations of rule-making activity: national and foreign experience"

On April 22, 2024, the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine hosted the 15th annual international scientific and practical conference "Legal foundations of rule-making activity: national and foreign experience". The conference was attended by leading legal scientists of Ukraine, in particular, 30 doctors of science, representatives of 15 domestic higher education institutions and two higher educational institutions of the Republic of Poland (University of Gdańsk, University of Warsaw), representatives of higher state authorities, including People's Deputy of Ukraine, young scientists, as well as students of leading higher education institutions of Ukraine.

 

All the participants of the conference polemically and at the same time constructively discussed the fundamental problems related to the provision of progressive state and legal development of Ukraine, in particular in the conditions of war, post-war peacebuilding and reconstruction of the Ukrainian state, primarily those factors that have a decisive influence on improvement law-making activity in the conditions of democratic development.

In this context, special attention was paid at the conference to the issues of law-making and transformation of the legislation of Ukraine in modern conditions.

The director of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine, doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine, honored lawyer of Ukraine Olexandr Skrypnyuk gave an opening speech at the conference. In his speech Oleksandr Vasyliovych, in particular, he congratulated the participants of the conference and noted the relevance of researching the issues of the legal foundations of rule-making activity in the context of ensuring the proper implementation of modern reforms aimed at overcoming the severe consequences of full-scale Russian aggression against Ukraine and creating legal prerequisites for ensuring the progressive post-war development of our state.

After the introductory and welcoming remarks, the main part of the conference began, at which leading scientists of our country, as well as of foreign countries, gave reports, which were dedicated to the current problems of the development of legal bases of rule-making activity in the context of national and foreign experience. In particular, reports were made at the conference: O.S. Bakumov, People's Deputy of Ukraine, Doctor of Law Science, professor; N.M. Onishchenko, deputy director for scientific work of the Institute of State and Law named after V.M. Koretsky National Academy of Sciences of Ukraine, doctor of legal sciences, professor, academician of National Academy of Sciences of Ukraine, Honored Lawyer of Ukraine; S.D. Husarev, first vice-rector of the National Academy of Internal Affairs, doctor of legal sciences, professor, honored lawyer of Ukraine; S.S. Chernyavskyi, vice-rector of the National Academy of Internal Affairs, Doctor of Law, Professor, Honored Worker of Science and Technology of Ukraine; Yaroslav Nesiolowski, doctor of law, lawyer, department of theory and philosophy of the state and law of the University of Gdańsk; N.M. Parkhomenko, Head of the Theory of State and Law Department of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine, Doctor of Law, Professor, Corresponding Member of the National Academy of Sciences of Ukraine, Honored Lawyer of Ukraine; S.G. Stetsenko, judge of the Supreme Court, doctor of legal sciences, professor, honored lawyer of Ukraine; O.M. Golovko, Vice-Rector for Scientific and Pedagogical Work of Kharkivskyi V. M. Karazin University, doctor of legal sciences, professor, honored lawyer of Ukraine; Grzegorz Verczyński, doctor of habilitation, professor of the University of Gdańsk; S.V. Bobrovnyk, Head of the Department of Theory and History of Law and the State of the Educational and Scientific Institute of Law of Taras Shevchenko Kyiv National University, Doctor of Legal Sciences, Professor; B.I. Andrusyshyn, head of the Department of Theory and History of the State and Law of the Educational and Scientific Institute of Law and Political Science of Mykhailo Drahomanov Ukrainian State University, doctor of historical sciences, professor, honored worker of science and technology of Ukraine; N.R. Malysheva, leading researcher of the problem department of agrarian, land, environmental and space law of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine, doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine; R.P. Lutskyi, director of the Scientific Research Institute named after Academician Ivan Lutskyi of King Danylo University, doctor of legal sciences, professor; V.I. Oleshchenko, of agrarian, land, environmental and space law of the Institute of State and Law named after V. M. Koretsky National Academy of Sciences of Ukraine, doctor of legal sciences, professor, academician of the National Academy of Sciences of Ukraine; R.P. Lutskyi, director of the Scientific Research Institute named after Academician Ivan Lutskyi of King Danylo University, doctor of legal sciences, professor; V.I. Oleshchenko,

During the speeches of leading Ukrainian and foreign scientists, the current problems of rule-making activity in Ukraine in modern conditions were discussed, in particular, the specifics of the national experience of legal regulation of rule-making activity, essential characteristics of rule-making activity in new realities, problematic issues of departmental rule-making activity in modern conditions, as well as legal monitoring as a component scientific support of the law-making process, rule-making activity as a factor in changing judicial practice in the light of the experience of the Supreme Court, problems of rule-making activity in the Ukrainian legal opinion of the 19th century — beginning of the 20th century, Polish experience in the field of promulgation of the law, principles of the organization of rule-making, legal ensuring the preservation of the national identity of Ukrainians in the Russian Federation, environmental law-making in a special period, rule-making by public authorities in the context of the development of modern positive law, stages of the formation of a modern system of legal regulation of rule-making activity in Ukraine, etc. In particular, Natalia Onishchenko in her speech emphasized that modern normative legal acts must correspond to the realities of life, and norm-projecting practices must take into account the modern context of the world legal order. This means that the normative design work at all levels from the highest bodies of state power (general rule-making), central executive bodies authorities (departmental rule-making), local executive bodies (local rule-making) to the rule-making of heads of enterprises, institutions, organizations (local rule-making) must effectively ensure the rights, freedoms and legitimate interests of a person.

Natalia Parkhomenko in her speech spoke about the peculiarities of legal monitoring as a component of the scientific support of the law-making process. In particular, attention was focused on the fact that it is legal monitoring that makes it possible to identify and formulate unified principles and approaches to the development of the legal system and the legal system, to determine the directions of this development in accordance with the interests and needs of society; unify and standardize the legal system and, as a result, — to strengthen law and order, which is the main goal of the legal policy of the modern state. At the same time, legal monitoring involves a gradual and systematic, scientifically based assessment of the essence and content of social relations, current regulatory and legal acts of Ukraine, legal acts of the EU, the practice of the European Court, law enforcement practice, domestic judicial practice, acts of official interpretation of legal norms, legal doctrine, etc.

Svitlana Bobrovnyk delivered a report on the concept and principles of the organization of rule-making. It was in her performance it is emphasized, in particular, that the modern conditions of the development of society require a rethinking of the essence and purpose of the principles of rule-making, which is caused, in particular, by the evolution of legal regulation from a normative direction to human-centeredness, which significantly increases the importance of the principles of private law; the transformation of the legal worldview to the supremacy of law and the determination of human rights and freedoms by the higher social value; pluralism of the essence of the researched principles of rule-making with such means of social regulation as religion, morality, ethics; taking into account the dynamics of the development of society associated with the need to overcome social contradictions; the dependence of the principles of rule-making on the achievements of science, legal practice, the prevailing worldview and the level of development of society; the importance of principles as a means ensuring the system of regulatory acts as a result of rulemaking; manifestation of the creativity of rulemakers who implement principles in the process of preparation and adoption of normative acts, etc. In general, a wide variety of theoretical and applied aspects of the development of the legal foundations of rule-making activity in modern conditions, as well as a significant number of topical issues related to the legal support of the reforms implemented in Ukraine.