Problems and Prospects of the Normative Regulation of Delegated Legislation in Ukraine

Abstract

The article provides a comparative legal analysis of the institution of delegated legislation in France, Germany, Italy, and Poland in order to determine the prospects for its adaptation in Ukraine. Special attention is paid to the issues of constitutional regulation of delegation mechanisms, mandatory ratification of delegated acts, parliamentary and judicial control, as well as the legal regime under a state of emergency. Recommendations are proposed to improve the constitutional regulation of delegated legislation in Ukraine, taking into account EU standards. The methodological basis of this study is a synthesis of several methods, such as comparative legal, prognostic, systemic-structural, and historical-legal approaches. The theoretical and methodological foundation consists of normative legal acts of EU countries with systems of delegated legislation and the works of leading scholars in the field of constitutional and delegated law. Delegated legislation is an institution that allows executive authorities to temporarily exercise rule-making activities within the limits defined by parliament. In Ukraine, it is not directly enshrined in the Constitution but is in fact implemented through granting the Cabinet of Ministers the right to issue normative legal acts for the implementation of laws. The institution of delegated legislation is one of the key mechanisms of flexible legal regulation in countries with parliamentary-presidential and parliamentary forms of government. It implies the transfer by parliament of the right to executive bodies to issue normative legal acts that are close or equal in legal force to law, within and on the basis of special authorization. In Ukraine, this form of regulation does not have a systemic institutional framework, which creates problems with legal certainty, limits of authority, and control mechanisms. The ultimate goal of this study is to develop recommendations for the implementation of delegated legislation in Ukrainian law, as well as to provide proposals for drafting the Law of Ukraine "On Delegated Legislation". Drafting such a law would allow for defining the concept, forms, limits, and procedure of delegation; establishing the procedure for parliamentary approval of delegated acts; regulating the terms of powers and the procedure for their termination; and enshrining mechanisms of parliamentary and judicial control.