Нормотворча діяльність місцевих державних адміністрацій: проблемні питання та шляхи вдосконалення
Setting activities of local state administrations: problems and ways to improve
Author(s): Yevgenij HetmanSubject(s): Law, Constitution, Jurisprudence
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: executive power; executive agencies; local administrations; rulemaking orders
Summary/Abstract: The article deals with the question of legislative activity oflocal state administrations. An analysis of existing legal acts have been installed maindrawbacks of regulatory rulemaking local administrations and the ways to addressthem. The local level of the executive branch in Ukraine representing localadministrations (regional, district, Kyiv and Sevastopol City Council), the Council ofMinisters of the Autonomous Republic of Crimea and local authorities that aredirectly subordinate to central executive bodies. The procedure of rulemaking byexecutive powers regulates the general provisions of typical regional offices ofministries and other central executive body, the Law of Ukraine "On local stateadministrations", but similar to the central executive power in these regulationsandlegal acts only stipulates the right of the publication of the relevant legislation andbasic aspects of their creation.Paper objective. The main stages of the legislative process of local stateadministrations for creating orders of local state administrations are: 1) thedevelopment project orders main developer, which may be for all localadministrations structural subdivisions of state administration and other bodies ofexecutive power, and for regional administrations, district administration also;2) approval of the draft order with interested structural subdivisions of local stateadministration and other bodies of executive power, which today are mainlydetermined by the developer; 3) optional stage, which is in the public discussion ofpublic acts are defined as being non-negotiable; 4) to discuss the order in the office ofthe local administration, after which the absence of comments the project passed thehead of the local administration to sign. Thus, the rule-making process of localauthorities such as local administrations as a form of local government authorities,the legislative process is different from the general availability of additional stage -the final order to discuss the administration head in the office administration.Paper main body. In summary, we note that the rule-making process of localstate administrations now settled in general. That is why in this area is still a lot ofissues that are only superficially appear in a typical local regulations stateadministration, being declared in the form of rules, which in fact does not solve theissue, but only causes many problems associated with their implementation. First ofall, it concerns the issue in terms of the legislative process in general and thelegislative process of local authorities in particular. To resolve this problem promptedmost specifically regulate the terms of the legislative process of the executive powerin Ukraine in all its stages, depending on the type of legal act to be adopted. Settingdeadlines creation of legal acts of executive power terms is to simplify and improvethe activities of executive planning rulemaking and appropriate implementation of theplanned activities; hinder and delay in the implementation of deceleration executivebodies of legislative activity and in accordance facilitate timely and promptregulation of social relations and, consequently, rights, freedoms and legitimateinterests of individuals and legal entities.
Journal: Теорія і практика правознавства
- Issue Year: 1/2015
- Issue No: 07
- Page Range: 19-19
- Page Count: 13
- Language: Ukrainian