ОСОБЛИВОСТІ ПРАВОТВОРЧОЇ ДІЯЛЬНОСТІ В УМОВАХ ГЛОБАЛІЗАЦІЙНИХ ПРОЦЕСІВ: ВІТЧИЗНЯНИЙ ДОСВІД

Abstract

The article examines the main features of law-making development in Ukraine in the context of the ongoing globalization process. The author gives a historical description of the prerequisites for the emergence of globalization and characterizes the current state of development of the phenomenon. The author examines the impact of globalization on the legal sphere, analyzes the characteristic features of legal globalization in the European Union and Ukraine. It is proposed to consider the impact of globalization on lawmaking through the prism of the concept of primacy of international law over national law. The author examines the legal nature of the lawmaking phenomenon and considers the positions of various scholars with a view to a fundamental understanding of the fundamental principles and characteristics of this phenomenon. The author emphasizes that the process of regulating lawmaking in Ukrainian legislation has been going on for almost 30 years and has included a number of attempts at legislative regulation. The author analyzes the provisions of the new Law of Ukraine "On Lawmaking" in the context of comparison with the theoretical basis of lawmaking and international practices of legislative implementation of this phenomenon. The author examines the novelties of the Law and analyzes the expansion of the concept of "subject of lawmaking" to "participant of lawmaking", where subjects play the role of a component of a broader concept. Attention is paid to the current challenges posed by globalization processes, in particular, the "institutional drift" of legal systems of the countries of the Romano-Germanic legal family towards certain ideas of the Anglo-American legal family, in particular, in terms of recognizing judicial precedent as a full-fledged source of law. The author analyzes the scientific positions on the expediency of such transformations and formulates his own summary on this issue, namely, the prematurity of such a large-scale institutional change. The author proposes a solution to find an effective approach to implementing this global trend into the Ukrainian legislation, in particular, by conducting an in-depth study of existing foreign (European) practices in this regard, and by inviting international experts to work together in special committees and working groups which will develop solutions and, in accordance with the new Law, will act as subjects of lawmaking initiative to implement their developments.