Law Techniques of Ukraine

Law Techniques

Creation of the constitutional state, establishment of a mode of a law and order in the country assumes, first of all, existence of perfect laws.

The law is there is the main legal act issued legislative (and representative) body or accepted by popular vote for regulation of the major public relations.

The legislative (rule-making) equipment — is set of rules, receptions, means and ways of preparation, drawing up and registration of regulations.

The statutory act — special type of literary work having the
characteristic features and the features defined by purpose of the right in public life — to be an imperious regulator of the public relation.

For preparation of the most perfect in a form and structure of draughts of the regulations providing the fullest and exact compliance of a form of standard instructions to their contents, availability, simplicity and an obozrimost of the standard material, exhaustive coverage of adjustable questions the legislative equipment is used.

Rules of legislative equipment are various, but the general idea — to create the best conditions and the maximum conveniences to the correct interpretation and application of the statutory act, to reach completeness, accuracy, availability and compactness of legal statuses.

National will is carried out through elections, a referendum and other forms of direct democracy ( the Constitution of Ukraine ).

According to the Law of Ukraine «About vseukrainsky and local referenda», the referendum — is a way of acceptance by citizens of Ukraine by vote of laws of Ukraine, other decisions on important questions of nation-wide and local value.

Laws, other decisions accepted by a vseukrainsky referendum, have the highest validity in relation to acts of the Supreme Council of Ukraine, the Supreme Council of the Republic of Crimea, regulations of the President of Ukraine, the Cabinet of Ukraine, the supreme executive and administrative organs of the government of the Republic of Crimea, bylaws of the ministries and departments of Ukraine and the Republic of Crimea, decisions of local Councils of People's Deputies. The decisions accepted by a local referendum, have the highest validity in relation to decisions of Councils of People's Deputies in which territory he is led.

In Ukraine the main stages of lawmaking treat:

• Legislative initiative;
• Bill discussion;
• Adoption of law;
• Law publication.

The legislative initiative is to provided Art. 93 of the Constitution of Ukraine the right of certain subjects (The president of Ukraine, People's Deputies of Ukraine and the Cabinet) to bring for consideration in Verkhovna Rada of Ukraine relevant bill (main form of realisation of a legislative initiative) that generates an obligation of parliament to consider this bill according to the provided procedure.

Bill discussion — in the Verkhovna Rada of Ukraine begins after its inclusion the agenda (approved the Verkhovna Rada). Previously the bill is considered in the relevant (profile) standing committees of the Verkhovna Rada which make the decision on its readiness for discussion in parliament. These committees finish the bill in case of his disapproval the Verkhovna Rada in the first reading (carry out its preparation for the second reading). Having discussed the bill the Verkhovna Rada makes the decision on its approval in the first reading (other decision — the bill deviates and sent to completion).

Adoption of law — is carried out by vote: the law is accepted by a majority of votes from total of People's Deputies, change of the Constitution of Ukraine demands not simple, but the qualified majority of votes (is accepted not less than 2/3 from total of People's Deputies of Ukraine).

The passed law is signed by the Chairman of the Verkhovna Rada of Ukraine and transfers it to the signature to the President of Ukraine (Art. 94 of the Constitution of Ukraine ).

Podstadiya of a stage of adoption of law — law signing by the President of Ukraine. The president of Ukraine signs the law within 10 days from the date of its receiving. In this term it can use the right of the otlagatelny veto and return to the Verkhovna Rada the law with remarks for its repeated consideration. The law adopted by its repeated consideration, the president of Ukraine is obliged to sign within 7 days.

Law publication — occurs, by the general rule, by its official publication, i.e. publication in official printing publications. The published law comes into force in 10 days from the date of its official publication if other is not provided by the law, but not earlier than day of its publication (Art. 94 of the Constitution of Ukraine). The law as well as other normative legal act which defines the rights and duties of the citizens, not brought to the notice the population in an order established by the law, is invalid (Art. 57 of the Constitution of Ukraine).

The cabinet of Ukraine according to the Constitution of Ukraine possesses the right of a legislative initiative in the Verkhovna Rada of Ukraine.

According to the Law of Ukraine «About the Cabinet of Ukraine» the Cabinet of Ukraine submits draughts of laws for consideration the Verkhovna Rada of Ukraine according to requirements of Regulations of the Verkhovna Rada of Ukraine .

For representation in the Verkhovna Rada of Ukraine of the bill brought by the Cabinet of Ukraine, the Prime minister of Ukraine defines the cabinet minister of Ukraine. As an exception, in the Verkhovna Rada of Ukraine the deputy minister, the head of the central executive authority who is not a part of the Cabinet of Ukraine can represent the bill.

The cabinet of Ukraine has the right to withdraw submitted by it for consideration the Verkhovna Rada of Ukraine the bill in an order defined by Regulations of the Verkhovna Rada of Ukraine.

Again created Cabinet of Ukraine has the right to withdraw before acceptance in the first reading draughts of the laws submitted for consideration of the Verkhovna Rada of Ukraine by the Cabinet of Ukraine which powers are stopped.