METHODOLOGICAL BASES FOR THE RESEARCH ON THE MECHANISM FOR LAW-MAKING OF A UNITARY STATE
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 111, S. 35-39
The article deals with methodological bases for the of research on the mechanism for of law-making of a unitary state. The article is devoted to the study of the nature and role of methodology in the formation of the Ukraine's legal system during the law-making mechanism. Much attention is given to problematic approaches to determining methodological bases in law-making mechanism. The purpose of this article is to analyze the current state of lawmaking in Ukraine and to make proposals based on the methodology of law. The article explores the concept of methodology on the basis of which the methodological bases of lawmaking are determined. The author states that the methodology of research on lawmaking should cover the analysis of scientific approaches and application of own methods, which allow to identify the most essential characteristics of this legal phenomenon, to distinguish structural elements, to indicate the ways of the most effective preparation and adoption of legal acts. Law-making process is a form of the state activity intended for on the creation (or revision) of legal norms. The law-making process and the role of the legisla- tive bodies in it are based on the constitutional principles of democracy, separation of powers, social state. Scientific search for a theoretical and methodological tool for considering and solving the problems of lawmaking is carried out within the framework of legal positivism – consideration of law as a set of norms established and sanctioned by the state, the violation of which is followed by measures of state coercion. This implies the rejection of the metaphysical side, related to the disclosure of the essence of legal phenomena. The problem of specification as a legal phenome- non is considered. At the heart of the author's research there are the methods used to investigate the elaboration of law-making. The author comes to a conclusion that the choice of a certain method in the course of a specification will promote the improvement of this process as an important legal phenomenon as well as the improvement of modern legislativeprocess.