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ЗАКОН УКРАЇНИ «ПРО ПУБЛІЧНІ КОНСУЛЬТАЦІЇ» ТА ЙОГО ВПЛИВ НА ЕВОЛЮЦІЮ ПРАВА НА УЧАСТЬ В УПРАВЛІННІ ДЕРЖАВНИМИ СПРАВАМИ: ТЕОРЕТИЧНИЙ ТА ПРАКТИЧНИЙ АНАЛІЗ
- Source :
- Uzhhorod National University Herald Series Law; 2024, Vol. 86 Issue 3, p361-367, 7p
- Publication Year :
- 2024
-
Abstract
- The opportunity for private individuals to engage in addressing issues of national and local significance is exercised through participation in the management of public affairs. This participation, a constitutional right enshrined in the Constitution of Ukraine, now holds a broader scope and greater impact than initially anticipated when the Basic Law was adopted at the end of the 20th century. Ongoing changes within Ukrainian society and the rapid evolution of administrative law have given rise to new legal avenues for individual engagement and interaction with public authorities. Effective regulation of public relations between government entities, individuals, and civil society organizations is a vital characteristic of a rule-of-law state. Currently, the effectiveness of citizens' exercise of this constitutional right is measured not only by their ability to vote in elections, participate in referendums, or hold public office but also by their capacity to contribute to decision-making by public authorities. One such legal instrument facilitating this participation is public consultation, which is becoming a crucial component in fostering collaboration between government and civil society on matters of societal and state development. The recently enacted Law of Ukraine "On Public Consultations" introduces, for the first time, a formal definition of public consultation at the regulatory level. It establishes principles for their implementation, identifies participants eligible for involvement, sets forth procedural guidelines, and outlines mechanisms for reporting and monitoring outcomes. These provisions ensure that public consultation serves as an effective tool for involving the public in policy development and for facilitating participation in the formulation of regulatory and legislative acts, rather than mer ely functioning as a formal process. The enactment of this law, which provides an additional mechanism for public involvement, aligns with a broader European trend toward expanding public participation in decision-making processes at both local and central levels. Nonetheless, this legislation also contains several shortcomings that may hinder the practical implementation of some of its provisions and limit the extent of civil society's influence on governmental decision-making. The aim of this article is to examine the Law of Ukraine "On Public Consultations" and assess its implications for the evolving relationship between the State and civil society. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Ukrainian
- ISSN :
- 23073322
- Volume :
- 86
- Issue :
- 3
- Database :
- Complementary Index
- Journal :
- Uzhhorod National University Herald Series Law
- Publication Type :
- Academic Journal
- Accession number :
- 182376831
- Full Text :
- https://doi.org/10.24144/2307-3322.2024.86.3.55