Wednesday, September 14, 2022

Steps of creating laws in Ukraine and EU

 

STEPS OF CREATING LAWS IN UKRAINE (the legislative process)

The legislative process is a normative-regulatory set of sequentially implemented actions related to the development, adoption (amendment) of laws and other legislative acts and their publication.

The procedure for adopting a law consists of certain stages — these are independent, logically completed stages and organizational and technical actions.

The legislative process as a legal concept should be distinguished from law-making as a general social phenomenon.

Legislative process, like any legal process, has two meanings:

  • order of activities aimed at creating a law;
  • this activity itself.

Stages of the legislative process

Pre-project stage

Legislative initiative — introduction of a draft law in an official manner to the legislative body by certain bodies and persons.

This is actually a stage of the legislative process. According to the Constitution of Ukraine, the right of legislative initiative in the parliament belongs to the President, people’s deputies, and the Cabinet of Ministers. The President has the right to introduce a draft law out of turn.

Draft laws are submitted together with an accompanying note, which must contain justification for the need for their development or adoption.

Project stage

  1. Adoption of a decision on the preparation of a draft law, inclusion of the corresponding proposal in the plan of the draft law of these works.

2. An assignment to develop a draft law for the government or standing committees in the Verkhovna Rada; creation for these purposes of commissions, working groups consisting of deputies, representatives of interested public organizations, legal scholars, etc.

The initial development of the project is carried out by specialists under a tender, commission or contract.

3. Development of the draft law and its preliminary examination with the involvement of interested organizations, finalization and editing of the project.

4. Submission of the draft law to the parliament, its adoption for consideration, discussion of the draft law and its agreement: consideration of amendments; identifying the opinions of interested persons about the project and receiving their proposals for improvement and completion of the project; adoption in the order of first, second, third reading; consideration of alternative projects.

In necessary cases, project submission:
a) for the discussion of a wide range of qualified specialists by holding parliamentary hearings, conferences, “round tables”, etc.;
b) for national discussion.

The stage of adoption of the draft law

Adoption of the draft law as a result of voting (in Ukraine, ordinary laws are adopted by a simple majority of votes, constitutional laws – by 2/3 of the constitutional composition of the Verkhovna Rada) and preparation of the corresponding resolution of the legislative body on the entry into force of the law.

The texts of laws adopted by the Verkhovna Rada are signed by the Chairman of the Verkhovna Rada and immediately submitted to the President of Ukraine for signature.

Certifying Stage

Sanctioning (signing) of the law by the head of state (president) within the time limit established by the constitution (in Ukraine – 15 days).

It takes place after the adoption of the draft law by the parliament and its transfer to the head of state for signature.

In Ukraine, there is a right of “deferred veto” of the president.

In Ukraine, in particular, the President can use his right of deferred veto and return the law with his motivated and formulated comments to the Verkhovna Rada for reconsideration.

The veto itself can objectively become a stage of the law-making process, which has an extra-parliamentary character. However, the veto is overcome in the parliament.

If, during the re-examination, the law is adopted by at least 2/3 of the votes of the Verkhovna Rada established by the Constitution, the President is obliged to sign it and submit it for official publication within 10 days.

Information stage

Promulgation of a law is not only its signing by the head of state, but also the issuance of a special act, which contains, in particular, an order on the official publication of the law.

The promulgation of the law is usually carried out by an act of the head of state — a decree, order and other similar documents, the text of which in official publications precedes the text of the law being promulgated.

In Ukraine, it is the signing of the law by the President, the preparation of a resolution of the Verkhovna Rada on the procedure for implementing this law and its official publication.

The text of the resolution of the Verkhovna Rada in official publications precedes the text of the promulgated law.

Inclusion of the law in the Unified State Register of Regulatory Acts, where the registration code assigned to it is indicated.

Publication of the law — printing of its text with all details in official printed publications (in Ukraine — “Vidomosti Verkhovna Rada Ukrainy”, “Holos Ukrainy” newspaper),

Entry into force

The law enters into force ten days after its official promulgation, unless otherwise provided by the law itself, but not earlier than the day of its publication.

STEPS OF CREATING LAWS IN EU

(adopting EU law)



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