Barchuk A.

Yearly journal of scientific articles Pravova derzhava Volume 30 (2019), 513-520 p.

DOI: 10.33663/0869-2491-2019-30-513-520

Barchuk A. Postgraduaye of the Department of Theory of State and Law National Academy of Internal Affairs

The urgency of the topic of research is determined by the theoretical and practical significance of emergency laws that are capable of ensuring the safety of citizens, the society and the functioning of state-legal institutes in special conditions of emergency situations. Therefore, considerable scientific updating takes up the question of elucidation of the procedural aspects of the development and adoption of emergency laws in crisis conditions of the functioning and development of society and the state, conditioned by the introduction of a state of emergency or declaration of an emergency. A well-regulated process of one or another action gives them a logical, clearly directed, well-adjusted and consistent character, and thus ensures the effectiveness and systematic result of the result of such actions. This thesis is especially important in the context of legislative activity and the subsequent transformation of the bill into law with all the formally determined attributes of its adoption and putting into effect.

However, despite the special urgency of the problems associated with the process of adoption and implementation of emergency laws, they are poorly researched, which causes the presence of not only a scientific gap, but also a negative development of legal practice.As a result, it is proposed to identify and consolidate at the legislative level the list of cases where a bill can be considered in a simplified procedure, which is necessary in the process of adopting emergency laws.

Regulatory provisions sufficiently abstract determine the procedural principles of consideration and adoption of urgent bills. Based on the content of the article, it can be noted that there are two ways of giving the status of urgency of certain bills. In particular, in the first case, it is assumed that the President of Ukraine, obviously, determines an urgent bill alone, and another case - the Verkhovna Rada of Ukraine makes a decision on the definition of the bill urgent. It is made clear that the Verkhovna Rada may decide to determine the draft law urgently after its inclusion in the agenda of the session of the Verkhovna Rada or during its next consideration. Thus, it is possible to conclude that those bills that are defined by the President as urgent are already submitted in such a urgency status, but there is another group of bills that may be registered by the register of bills, but obtain the status of urgency only after their inclusion in the agenda of the session and the adoption of a decision.

It should be noted that extraordinary laws are for the most part temporary in nature, which is conditioned by the existence of a state of emergency / martial law / situation, but the duration of urgent laws is determined by the need for rapid regulation of social relations, in particular, the temporality of such regulation may be of a permanent nature, which will be determined by the need to regulate these social relations. Concerning the legal support of the process for the adoption of emergency and urgent laws, it should be noted that if the adoption of urgent laws is of a rather mediocre nature, then in our opinion, the procedural principles of the adoption of emergency laws do not have at all the proper legislative level of provision.

Key words: legislative process, law, emergency law, legal procedure.


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