ЮРИДИЧНА ТЕХНІКА – СТАН ТА ПЕРСПЕКТИВИ НОРМАТИВНОЇ РЕГЛАМЕНТАЦІЇ В УКРАЇНІ
Authors: Kosovych Vitaliy 
Published: July 2024

The article deals with the analysis of the level of normative regulation of legal technique at the main stages of legal regulation, in particular: law-making, legal systematization, legal realization, law enforcement, and legal interpretation. It is established that today there is no unity of positions at the level of legal doctrine regarding the list and content of the legal technique at these stages. This has a negative impact on legal practice. Therefore, there is an objective need for normative regulation of the use of the legal technique standards in Ukraine. It is established that the norm-drafting technique had found its normative anchoring in the Law of Ukraine «On Law-Making Activity», various methodological recommendations issued by state authorities. At the same time, these legal acts lack prescriptions that would determine the rules for the substantive content of normative legal acts. The opinion is expressed that a detailed description of the requirements and rules of the norm-drafting technique should be made in a special act of the Ministry of Justice of Ukraine. It is indicated that the systematization rules of normative legal acts are currently regulated by the same Law, by-laws of the Cabinet of Ministers of Ukraine, as well as legal acts of the Ministry of Justice of Ukraine. They are formal and need a meaningful addition. The legal realization technique in the domestic legal system is found to be considered mainly as a technique for concluding normative-legal contracts and regulated by the norms of private substantive law. Such regulation has a general substantive character and requires thorough legislative formalisation. Corresponding attempts were made in various drafts of the Law of Ukraine «On Normative Legal Acts» and the draft Law of Ukraine No. 5707 «On LawMaking Activity». However, the matter failed to go beyond the drafts. The law enforcement technique is just beginning to be studied. Some of its rules and requirements are contained in separate legislative acts, for example, the requirements regarding the structure of law enforcement acts are fixed in the procedural codes of Ukraine. Separate rules are reflected in the Law of Ukraine «On Law-Making Activity», in particular the rules for overcoming legal gaps and conflicts of legal norms. However, this is objectively not enough. It is established that legal interpretation technique is usually a subject of scientific study. It is possible to discuss already the formation of a certain legal doctrine. For the needs of practice, the legal interpretation technique requires a normative definition at least at the level of legal acts of the Ministry of Justice of Ukraine. Following the research results, it is concluded that legal technique in Ukraine is only going through the period of its establishment; it is not normatively defined in many cases and requires increased attention from the scientific community and law-making subjects. Keywords: norm-drafting technique, the technique of systematization of normative legal acts, legal realization technique, law enforcement technique, the technique of interpretation of legal norm