DOI: 10.7256/2454-0595.2017.11.23644

Abstract: The article studies the problems of lawmaking performed by the local authorities in Crimea after its reunification with Russia. The authors emphasize that the improvement of municipal lawmaking in the Republic of Crimea has particular specificity connected with adoption of new statutory instruments, which have a dual purpose: to formalize the previously formed social relations, their structuring and systematizing with the newly emerging objective social relations and processes. The authors use the methods of synthesis, comparison, the formal-legal method; the authors study the problems of lawmaking, performed by the Crimean local authorities, and their causes. The following problems seem to be important for the development of municipal lawmaking in Crimea: the lack of time for detailed analysis of the current legislation in the process of elaboration of municipal legal acts; insufficient awareness of the population about the activities of local authorities, for example, the lack of preliminary public discussion on municipal legal acts; shortcomings of legal mechanisms in the development of municipal acts (incorrect use of legislative terminology, compilation of federal and regional legislation, which leads to misinterpretation of legislation, large number of reference and blanket rules, etc.); low level of qualification of municipal officials. The authors offer the ways to improve municipal lawmaking. 

DOI: 10.7256/2454-0706.2016.9.19855

Abstract: This article discusses the issue of the legislative regulation of the concept and characteristics of public association in the post-Soviet Ukraine. The subject of this research is the legal and actual nature of the concept of “public association”. The author examines the difficulties of the Ukrainian reform in application of some of the European standards of the constitutional law regulation of such institutions of civil society as political parties and public associations. Analysis is conducted on the separate positions of the new Ukrainian law “On Public Associations” of 2012 and their correspondence with the Constitution of Ukraine of 1996. The author substantiates that in the current political legal realities of Ukraine, the administrative approach of the legislator in defining the concept of “public association” is unjustified. The current version of the Ukrainian law “On Associations of Citizens” of 2012 does not correspond with the constitutional thesis on citizens’ right to freedom of formation into political parties and public organizations. Therefore, it is necessary to use the positive experience of application of the norms of the repealed law “On Associations of Citizens” in the legislative practice of Ukraine.

DOI: 10.7256/2454-0706.2016.9.42980

Abstract: This article discusses the issue of the legislative regulation of the concept and characteristics of public association in the post-Soviet Ukraine. The subject of this research is the legal and actual nature of the concept of “public association”. The author examines the difficulties of the Ukrainian reform in application of some of the European standards of the constitutional law regulation of such institutions of civil society as political parties and public associations. Analysis is conducted on the separate positions of the new Ukrainian law “On Public Associations” of 2012 and their correspondence with the Constitution of Ukraine of 1996. The author substantiates that in the current political legal realities of Ukraine, the administrative approach of the legislator in defining the concept of “public association” is unjustified. The current version of the Ukrainian law “On Associations of Citizens” of 2012 does not correspond with the constitutional thesis on citizens’ right to freedom of formation into political parties and public organizations. Therefore, it is necessary to use the positive experience of application of the norms of the repealed law “On Associations of Citizens” in the legislative practice of Ukraine.