Committee on Legal Policy and Justice holds roundtable entitled “Legal status of statutory instruments and prospects of its legislative regulation improvement”

MIL OSI – Source: Parliament of Ukraine –

Headline: Committee on Legal Policy and Justice holds roundtable entitled “Legal status of statutory instruments and prospects of its legislative regulation improvement”

This event was participated by people’s
deputies, representatives of state authorities, expert and scientific branches.

Ihor Alekseev, Head of subcommittee on
justice agencies and enforcement of court decisions, opening the meeting,
reminded that the profile legislative act was approved by the parliament
several times, and veto was imposed on it by the President several times as
well. After that, it was attempted to enact some laws on statutory instruments,
which have passed the first reading, but their adoption was not achieved.

“Thus, we have a discussion with either
increasing or decreasing tone for almost 20 years”, he stressed.

I. Alekseev remarked that, at present,
requirements to statutory instruments are regulated by various legislative
acts. “We can see that, nowadays, issues of unified law-making and
policy-making process are split between different legislative acts and bylaws
of ministries and departments.

There are different approaches to policy
making process and certain disputable issues. All this dictates the need for
discussion and its urgency”, he said.

Andrii Rysheliuk, Deputy Head of the Main
Scientific-Expert Department of the Administration of the Verkhovna Rada of
Ukraine, called attention to the current absence of signals indicative of
urgent need in unified legislative act. He reminded that the last attempt to
adopt the law on statutory instruments has failed. According to him, “We see no
initiatives from the government, which is indicative of certain attitude of the
government machinery to this problem”.

“Nevertheless, certain factors are
indicative of the fact that a certain minimal body of statutory instruments
related with these issues is still needed”, A. Rysheliuk said.

He believes that this law is needed. But,
before initiating its specific development, it should be established what
number of regulations should be included to its text, and how detailed they
should be.

A. Rysheliuk also mentioned that failures
to adopt the law on statutory instruments should be used to draw certain
conclusions, experience on the issues that have to be absent in the text in
order to make it advantageous. “It has to be free from political, departmental,
personal or scientific ambitions, as these would exert negative effect on it.
If we manage to develop an appropriate practical law, which does not claim to
perform a certain revolution or reform, and would just aim to generalize,
unify, and express the development of our legislative act forms which has
occurred during the last 25 years in the law text, we can get a successful
law”, he stressed.

Svitlana Mishura, Deputy Head of Main Legal
Department of the Administration of the Verkhovna Rada of Ukraine, a division
head, stated in her addressing that this law on statutory instruments is
actually needed. According to her, just adopting any law is not enough, the law
has to be a high-quality one.

S. Mishura expressed a thought that the
intervention into this law has to be carefully designed. She also mentioned
that its development should be started from general issued with further
refining.

Besides, the issues of urgency of statutory
regulation of policy-making and law-making processes in Ukraine in the current
conditions, advantages and drawbacks of a unified legislative act regarding
statutory instruments were discussed during the “round table”.

The event participants remarked that
adoption of a unified legislative act regarding statutory instruments may
become a secure foundation for formation of high-quality Ukrainian legislation
system.

Suggestions
on the contents of the law on statutory instruments, in particular, regarding
its system, types and hierarchy of statutory instruments; mechanism of
development, adoption, and enactment of statutory instruments; accounting of
statutory instruments etc. were made during the “round table”.

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