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LAW OF UKRAINE

of August 24, 2023 No. 3354-IX

About law-making activities

This Law is adopted for the purpose of streamlining of law-making activities in Ukraine, strengthenings of interaction between participants of law-making activities in the course of preparation of regulatory legal acts, and also control of their realization, ensuring participation of civil society in law-making activities and qualities of the legislation of Ukraine.

This Law determines legal and organizational basis of law-making activities, the principles and procedure for its implementation, participants of law-making activities, the rule of the equipment of normoproyektirovaniye, procedure of accounting of regulatory legal acts, and also rules of action of regulatory legal acts, elimination of gaps, overcomings collisions in regulatory legal acts and control of implementation of regulatory legal acts.

Section I. General provisions

Article 1. Subject of regulation of the Law

1. Operation of this Law extends to the public relations arising in process:

1) planning of law-making activities;

2) project development of regulatory legal acts;

3) adoption (edition) of regulatory legal acts;

4) bringing regulatory legal acts to data of the population;

5) entry into force by regulatory legal acts;

6) accounting of regulatory legal acts;

7) actions of regulatory legal acts, elimination of gaps, overcoming collisions in regulatory legal acts;

8) control of implementation of regulatory legal acts (further - legal monitoring).

2. Operation of this Law does not extend to the public relations arising in process:

1) realization of the right to national declaration of will in the form of referendum, except question of compliance of the draft of the regulatory legal act submitted for referendum the established this Law to the principles of law-making activities;

2) the announcement of general or partial mobilization, introduction in Ukraine or in its certain areas of warlike situation, the announcement on representation of the President of Ukraine of state of war and conclusion of peace, use of the Armed Forces of Ukraine and other military forming formed according to the laws of Ukraine, implementation of powers in the field of homeland security and defense, and also implementation of foreign policy activities;

3) introduction in Ukraine or in its certain areas of emergency state, the announcement of certain areas zones of emergency ecological situation;

4) application of the Budget code of Ukraine;

5) realization of other public relations, except the cases determined by this Law connected with law-making activities.

3. Operation of this Law does not extend to the activities of subjects of law-making activities connected with preparation:

1) bill on introduction of amendments to the Constitution of Ukraine;

2) the draft of the international treaty of Ukraine, and also the act connected with signing, ratification, approval, adoption of the international treaty of Ukraine or accession to it, the termination or suspension of its action;

3) offers and amendments to the bill adopted by the Verkhovna Rada of Ukraine in the first and the subsequent readings.

4. Operation of this Law does not extend to the legal acts which are not containing rules of law namely on:

1) decisions and conclusions of the Constitutional Court of Ukraine;

2) judgments;

3) the acts of the Verkhovna Rada of Ukraine, the President of Ukraine of political nature containing assessment of the facts, events, the phenomena, circumstances, processes;

4) presidential decrees of Ukraine about enforcement of decisions of the National Security and Defense Council of Ukraine;

5) acts of application of the right:

a) about education or the termination of state body, local government body;

b) about education, activities or the termination of consultative, advisory, other facilitative branch;

c) about provision of the humanitarian assistance to foreign state;

d) directives, instructions, specifications for participation of delegations of Ukraine, the Cabinet of Ministers of Ukraine, other state bodies, and also representatives of Ukraine in the international actions;

") other individual legal acts;

6) other legal acts which are not containing rules of law.

Article 2. Law-making activities and its legal basis

1. Law-making activities are the activities performed by the subject determined by article 4 of this Law, on purpose:

1) planning of development and adoption (edition) of regulatory legal acts;

2) project development of regulatory legal acts;

3) adoption (edition) of regulatory legal acts;

4) accounting of regulatory legal acts;

5) implementation of legal monitoring.

2. Law-making activities in Ukraine are regulated by the Constitution of Ukraine, this Law, other laws of Ukraine and subordinate regulatory legal acts adopted according to them.

3. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than provided by this Law rules of the international treaty of Ukraine are applied.

4. Changes can be made to this Law only by the law on introduction of amendments to the Law of Ukraine "About law-making activities".

5. If the person of law of the legislative initiative submitted the bill to the Verkhovna Rada of Ukraine, governing the public relations in the field of law-making activities differently, than it is provided by this Law, it shall submit at the same time the bill on introduction of amendments to this Law. The submitted bill is considered by the Verkhovna Rada of Ukraine along with the relevant bill on introduction of amendments to this Law.

Article 3. Principles of law-making activities

1. Law-making activities are performed according to the principles:

1) the supremacy of law including, but it is not exclusive, the principles of legality, legal definiteness, prevention of abuse of authority, equality before the law and nondiscrimination, access to justice;

2) priority of approval and providing human rights and freedoms, observance of international standards in the field of human rights;

3) democratic character;

4) proportionality;

5) need and justification;

6) systemacities;

7) scientific providing;

8) resource security.

Article 4. Participants of law-making activities

1. Participants of law-making activities are:

1) subject of law-making activities;

2) subject of law-making initiative;

3) subject of ensuring law-making activities;

4) interested persons.

2. Subjects of law-making activities are public authorities, local government bodies, their officials and other subjects allocated with the Constitution of Ukraine and (or) the law powers on adoption (edition) of regulatory legal acts namely:

1) the Ukrainian people on All-Ukrainian referendum;

2) Verkhovna Rada of Ukraine;

3) President of Ukraine;

4) Cabinet of Ministers of Ukraine;

5) ministries;

6) other public authorities and other subjects of the public law which under the law perform law-making activities on behalf of the state and which jurisdiction extends to the territory of Ukraine (further - other state body);

7) Supreme Council of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, Ministry of the Autonomous Republic of Crimea;

8) heads of local public administrations and heads of structural divisions of local public administrations;

9) territorial community on local referendum;

10) local government bodies.

3. Subject of law-making initiative is the public authority, other state body, his official, other authorized subject which according to the Constitution of Ukraine and (or) the law or other regulatory legal act adopted according to them has the right to submit for consideration of subject of law-making activities the draft of the regulatory legal act for its acceptance (edition) according to the procedure, established by the law.

4. Subjects of ensuring law-making activities for the purposes of this Law are the facilitative branches of subjects of law-making activities and person which are carrying out tasks scientific, legal, expert, advisory, technical and other types of ensuring law-making process.

5. Interested persons for the purposes of this Law are physical persons and legal entities on which adoption (edition) of the corresponding regulatory legal act will affect, namely:

1) citizens of Ukraine;

2) foreigners and stateless persons which on legal causes are in the territory of Ukraine;

3) public associations, labor unions and their associations, creative unions and their associations, charitable and religious organizations;

4) associations of local government bodies, bodies of self-organization of the population;

5) not entrepreneurial societies, subjects of managing and their consolidation, organization of employers and their consolidation, bodies of professional self-government, self-regulatory organizations;

6) other persons, the rights, freedoms, interests or obligations of which the corresponding regulatory legal act concerns.

6. Interested persons can initiate preparation of the draft of the regulatory legal act before the subject of law-making initiative (part three of this Article).

Interested persons participate in law-making activities according to the Constitution of Ukraine, this Law, the laws of rather public consultations, lobbyism and lobbist activities, and also other laws of Ukraine.

Article 5. Legal succession in law-making activities

1. Liquidation, reorganization or renaming of the subject of law-making activities does not involve loss of force adopted (issued) it regulatory legal acts if other is not provided by the law.

2. In case of liquidation, the legal successor of its law-making powers is specified to reorganization of the subject of law-making activities in the act of liquidation, reorganization and limits of law-making powers are determined.

3. Within the powers determined according to part two of this Article passes powers to the legal successor to accept (to issue) regulatory legal acts in the amount determined by part two of article 46 of this Law and also other powers of the subject of law-making activities determined by this Law.

Article 6. Guarantees of providing the right to information access about law-making activities

1. The right to information access about law-making activities is guaranteed:

1) obligation of subjects of law-making activities to provide and promulgate information on law-making activities according to the procedure, amounts and terms (terms) determined by the law;

2) access to meetings of representative subjects of law-making activities according to the procedure, determined by the legislation of Ukraine, except the cases provided by part three of this Article;

3) implementation of the state and public control over observance of the right to information access about law-making activities;

4) determination by the law of legal responsibility for violation of the legislation of Ukraine on access to public information.

2. Openness of meetings of representative subjects of law-making activities can be provided according to the legislation of Ukraine by broadcast of such meetings by audiovisual media, online media, online broadcasting, the publication of shorthand reports of meetings, and also placement of information on official websites of subjects of law-making activities.

3. The information access about law-making activities is limited according to the Constitution of Ukraine and (or) the law for the purpose of protection of secret, confidential and (or) office information.

Article 7. Operation of this Law in the conditions of warlike or emergency state

1. Except the subjects determined by part two of article 4 of this Law in case and within the powers provided by the law during action of warlike or emergency state by subjects of law-making activities can also be:

1) chiefs of regional and district military authorities;

2) heads of regional and district military civil authorities.

2. During action in Ukraine or in its certain areas of warlike or emergency state, legal regime of zone of emergency ecological situation and if there is no objective possibility of fulfillment of requirements of this law in full, subjects of law-making activities can accept (to issue) regulatory legal acts without observance of requirements:

1) Articles 20-27, of part two, Items 2, 4, 5 parts three of Article 29, Articles 30, 45 these Laws - concerning the drafts of the regulatory legal acts developed and accepted (published) during action of warlike or emergency state;

2) articles 67-71 of this Law - concerning the regulatory legal acts adopted (published) prior to action of warlike or emergency state.

3. The regulatory legal act adopted (issued) during action of warlike or emergency state introduction of legal regime of zone of emergency ecological situation without observance of requirements of the articles of this Law specified in Item of 1 part two of this Article is accepted the term (term) (is issued) on limited, determined in such act.

Prolongation of action of such regulatory legal act sine die (term) is performed by the subject of law-making activities by adoption (edition) of the new regulatory legal act by results of legal monitoring of the regulatory legal act specified in paragraph one of this part. Legal monitoring of such regulatory legal acts after the termination (cancellation) of warlike or emergency state, the termination of legal regime of zone of emergency ecological situation is performed in first-priority procedure.

4. Features of action of the regulatory legal acts concerning the rights and fundamental freedoms of man and citizen which are limited in connection with action of warlike or emergency state are determined by the laws of Ukraine "About legal regime of warlike situation" and "About legal regime of emergency state".

Section II. System of regulatory legal acts of Ukraine

Article 8. Rule of law, regulatory legal act

1. The regulation of the right is the obligatory formally certain rule of conduct governing the public relations which is protected and provided with the state.

2. The normative and legal act is the official document adopted (issued) by the subject of law-making activities in the procedure established by the Constitution of Ukraine and (or) the law in writing (except the cases determined by part two of article 47 of this law) which contains regulation (regulations) of the right and is expected numerous realization.

Article 9. Legislation of Ukraine

1. The legislation of Ukraine is the interconnected and arranged system of regulatory legal acts of Ukraine and the existing international treaties.

The legislation of Ukraine is structured from acts of the highest legal force to acts of the lowest legal force (article 19 of this Law) taking into account:

1) bases of the constitutional system in Ukraine;

2) competence and territorial jurisdiction of the subject of the law-making activities determined by the Constitution of Ukraine and (or) the law;

3) other features determined by the Constitution of Ukraine and (or) the law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info