Principles of legal regulation in Ukraine and european experience
Principles of legal regulation in Ukraine and european experience
Author(s): Olena ChomakhashviliSubject(s): Civil Law, International Law, EU-Legislation
Published by: Lukas Varhol
Keywords: principles of legal regulation; legal means; determination; legal system
Summary/Abstract: Ukraine is at the stage of radical reform, primarily in the direction of introducing a "human center" ideology of the activities of public administration and representative bodies of power. And the basis of their activities should be clearly defined principles of legal regulation, which should become the key principles of a qualitative reform of public administration. This determines its place in the theory of social management. The mechanism of regulation is manifested in the fact that it integrates the main elements of regulation; it enables to determine the sequence of the inclusion of each of the elements of management activity in the management process, as well as establishes the ways of interaction between individual elements. An appeal to an analysis of the principles of law and the principles of public administration will be appropriate, which will help to deepen understanding of the principles of administrative and regulatory regulation, since the latter are an integral part of the above-mentioned categories. There are number of factors that influence the formation of the principles of legal regulation, in particular: the level of development of society, its economic, political, social, spiritual and other systems; The nature and purpose of law in society; The place and role of law among other social regulators; Level of development of scientific thought, peculiarities of legal thinking, etc. Quite often, the principles of legal regulation are formed depending on the goals set by the state. It is impossible not to mention the influence of the principles of European administrative space and the principles of European administrative law in the context of the transformation and updating of the principles of administrative law. Particular attention should be paid to the implementation of European principles and standards of good governance in the work of the Cabinet of Ministers of Ukraine in law enforcement practice. This should be reflected in the definition and implementation of the principle of openness, transparency, efficiency and effectiveness, responsibility, legal certainty, and the principle of appropriate governance. The principle of appropriate governance reflects the state of public-relations relationships between public authorities and individuals. Principles and standards of appropriate governance developed by international and European regional organizations have not yet found the necessary introduction in legislative acts of Ukraine, which is mainly conditioned by the lack of scientific principles for the introduction of principles and standards of appropriate governance in the domestic legal system. Actually governance is determining the ability of the state to "serve" citizens. It defines the rules, processes and patterns of behavior through which it ensures the provision of interests, resource management, and the realization of state power in society. From the point of view of practical use in evaluating the functioning of certain social, economic and political systems, governance is seen as a basic indicator of compliance with established norms in society.
Journal: Social and Legal Sciences
- Issue Year: 1/2018
- Issue No: 2
- Page Range: 22-28
- Page Count: 7
- Language: English