Regulatory act of the state administration as the subject of a public legal dispute (publication and state registration)

• Published in: Аналітично-порівняльне правознавство no. 3; pp. 401 - 406
• Main Author: Roy, O.
• Format: Journal Article
• Language: English
• Published: 22.07.2024
• ISSN: 2788-6018; 2788-6018
• DOI: 10.24144/2788-6018.2024.03.69

Normative legal acts make up a system that regulates social relations in each field. Ukraine, in the process of becoming a democratic, legal state with comfortable living conditions for its citizens, must ensure a high level of content, and procedures for the adoption, implementation, and application of legal acts. On the other hand, frequent amendments to the legislative framework or gaps in legal regulation do not contribute to improving the functioning of the legal system. Namely, administrative courts are called upon to resolve disputes in the field of public-legal relations, including appeals against normative legal acts of state administrations. The article states that the subjects of law­making are, including, local state administrations by the provisions of Art. 41 of the Law of Ukraine «On Local State Administrations». The state of the administration of justice by administrative courts in 2022 and 2023 was studied, and it was recommended that judicial statistics bodies separate data on appeals of normative legal acts when forming reports on the implementation of judicial proceedings. An example of incorrect application of substantive law norms and violation of procedural law norms by the courts when considering the issue of opening proceedings in cases regarding the appeal of normative legal acts was considered. The analysis of such legislative framework as the Laws of Ukraine «On information», «On law-making activities», «On the procedure for covering the activities of state authorities and local self-government bodies in Ukraine using mass information», «On media» and others on the publication of normative and legal acts and their entry into force, which are mandatory for subjects of power. It is indicated that the numerous reforms of justice bodies, and the creation of a system of interregional justice bodies create conflicts with the provisions of the Presidential Decree No 493/92 of October 3, 1992. Based on the studied judicial practice, attention was drawn to the contradictions of the practice of higher courts in this matter. In addition, it pointed out the problems related to the suspension of legislative norms regarding the publication of projects and decisions of local self-government bodies, military-civilian administrations, and military administrations, as well as their officials, which was caused by the introduction of martial law.