Сoncept of national legislative initiative and its types

Abstract

. National legislative initiative is a new instrument of popular wills demonstration as compared to different forms of direct democracy. In most of developed democracies this institution regulated at the constitutional/ legislative level. But in the modern Ukraine its constitutional legal regulation is absent, due disregard of its possibilities and lack of understanding of its essence. Paper objective. This article an aim is to analyze in details the definition of «national legislative initiative» and determinate its basic types according to theoretical insights and foreign current law. Recent research and publications analysis. The domestic and foreign scholars works on scientific research of national legislative initiative institution such as V.N. Rudenko, O.M. Mudra, V.M. Shapoval, V.F. Nesterovich, J. F. Zimmerman and etc. Their works were foundational at the time of writing. Paper main body. With the help of big definition dictionary and new encyclopedic dictionary it was found the etymology of the concept «initiative» which is characterized as the basis, also found meaning of «legislative initiative», «national initiative» and «national legislative initiative». It was argued impossibility an identification of «national initiative» with «national legislative initiative». The current definitions of the national legislative initiative were analyzed in the article. It was noted that suggested terms were limited only by identification of institute’s apparent indicator and withhold essence. This is precisely why four types of the national legislative initiative’s realization are briefly examined for the complex determination of the definition. These types depending on what role the legislator are assigning to citizen, who are the main actors of initiative. And on the basis of this analysis the author provided his own definition of «the national legislative initiative». The author had notes that the proposed definition was not general, because the institute of national legislative initiative had many types. On the basis of the foreign current law and the scholar’s works were separated 6 criteria whereby the national legislative initiative can divided into certain types. Conclusions of the research. On the basis of foreign laws and scientific literature, the author concludes that national legislative initiative is the complicate institute. The content of which is that the number of citizen who are define by law can initiate the creation or ready to propose a bill through incorporation it to representative body. This bill must be considering on a mandatory basis or referendum. The result of which can weigh with the decision of the adoption or rejection of the bill.