MECHANISMS OF INFLUENCE OF JUDICIAL BODIES ON THE LEGISLATIVE PROCESS AND REGULATION OF SOCIAL RELATIONS IN THE TRANSFORMATION PERIOD

Abstract

The article analyzes the meaning and role of the legislative initiative in the law-making process, especially in the difficult conditions of martial law, which involves a significant restriction of human rights and negatively affects the legislative process's dynamics. Approaches to understanding the essence of the legislative initiative process are outlined. The author analyzes modern and historical approaches to determining the subjects of the law of legislative initiative, as well as the advantages and possible disadvantages of expanding the range of such subjects due to the involvement of other institutions, in particular, the Constitutional Court of Ukraine and the Supreme Court as leading bodies in the jurisdictional and judicial sphere, which protect human rights and interests. In the case of the Supreme Court, such powers, in the author's opinion, will contribute to the implementation of the norms of the Association Agreement between Ukraine and the European Union, because by applying the norms of the Agreement in its practice as norms of direct action, the Court will actively harmonize legislation. In the case of expanding the range of subjects of the legislative initiative, this may lead to the acceleration of Ukraine's fulfillment of its European integration obligations and the harmonization of the norms of Ukrainian legislation with the requirements of EU legislation. In the article, the author also reviews the historical context of the formation of the system of subjects of legislative initiative, since their list during the process of state formation of Ukraine was not constant, and gives examples of the legislative initiative of various subjects, both individual and collective, in the law of foreign countries. In view of the above, the author concludes that it is expedient to expand the list of subjects of legislative initiative in Ukraine in the post-war period. Implementation of the recommendations provided in the article will be possible only after the abolition of martial law, as it provides, in particular, for the introduction of amendments to the Constitution of Ukraine.