Constitutional Principles of Regulatory Regulation of Parliamentary Procedures in Modern Ukraine: Theoretical and Legal Analysis
Year: 2024
Type: article
Abstract: The subject of the study is a theoretical and legal analysis of the constitutional foundations of the regulatory framework of parliamentary procedures in modern Ukraine. The methodology of the research is based on a combination of general and special scientific methods, which were chosen with regard to the purpose and subject of the study. The author uses the dialectical method to study the existing trends in the scientific understanding of the role of the Constitution and the Rules of Procedure in the regulation of parliamentary procedures. The methods of analysis and synthesis helped to identify the features and directions of changes in the constitutional regulation of the nature and purpose of the Rules of Procedure and their role in the development of parliamentarism. The hermeneutic method contributed to the interpretation of the content of the relevant constitutional and regulatory provisions, as well as the legal positions of the Constitutional Court of Ukraine on the interpretation of constitutional provisions in the context of understanding the legal nature of the Rules of Procedure. The systemic-structural method helped to study certain constitutional principles of the rules of parliamentary procedure. The application of the prognostic method allowed to identify possible directions of development of the constitutional principles of the Rules of Procedure regulating parliamentary procedures. The purpose of the study is to provide a theoretical and legal assessment of the peculiarities of the constitutional anchoring of the rules of parliamentary procedure in Ukraine, as well as the role and place of parliamentary rules in the regulation of state-political relations of governance. The results of the study prove the peculiarity of the constitutional entrenchment of the regulatory framework for parliamentary procedures, the distinction of its legal and political parts which determine the development of procedural and procedural aspects of parliamentarism, and reveal certain gaps in such regulation (constitutionalization of the role of the parliamentary minority (opposition), which should be filled in accordance with the legal positions of the constitutional jurisdiction body at the level of the Fundamental Law of the State and further be specified in the provisions of the Parliamentary Rules of Procedure). Conclusions. The role of the constitutional principles of regulatory framework for parliamentary procedures is to enshrine at the level of the Fundamental Law of Ukraine the defining, basic, starting points regarding the essence and focus of such regulation, the legal form of the Parliamentary Rules of Procedure in the normative system of parliamentarism, and the correlation of legal and political components therein. This approach determines the originality of the Ukrainian model of such principles in comparison with the European constitutional experience embodied in the basic laws of the European countries. In this system, the Parliamentary Rules of Procedure are clearly postulated as an act of supreme legal force (law), the exclusive subject of regulation of which is the procedure of the Verkhovna Rada of Ukraine. Its constitutionally defined functions and powers determine the need for their procedural regulation (implementation procedure) at the level of the rules of this Regulation in their systemic interconnection. Trends in the development of the constitutional foundations of procedural regulation are to systematically streamline the legal and political parts of procedural regulation, while the latter is atypical in terms of constitutional regulation, based on the European experience. The subject matter of the Rules of Procedure of the Verkhovna Rada of Ukraine imperatively includes regulation of the principles of organization, operation and termination of parliamentary factions, as well as of the coalition of parliamentary factions. At the same time, the allocation of the institution of a parliamentary coalition at the constitutional level determines the need for simultaneous regulation at the level of the same constitutional principles of the principles of organization and operation of the parliamentary minority (opposition) with a view to protecting the political rights of Ukrainian citizens, developing democracy and parliamentarism in accordance with the rule of law.
Author: Serhiy Linetskyi
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407623707