Open AccessURGENT STREAMS OF REFORMING OF THE UKRAINIAN STATE REGULATORY SERVICE
Author(s) -
Yu. V. Heorhiievskyi
Publication year - 2021
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/392116
Subject(s) - competence (human resources) , christian ministry , sanctions , ukrainian , economic justice , normative , state (computer science) , business , order (exchange) , public administration , service (business) , political science , law and economics , law , economics , management , finance , marketing , philosophy , algorithm , computer science , linguistics
The article is dedicated to the systematic analysis of the competence of the State Regulatory Service of Ukraine in order to identify administrative and legal inconsistencies and duplication of powers. The author found out that currently in Ukraine there is no special procedure for the State Regulatory Service to conduct examinations to establish the compliance of regulatory acts with the principles of state regulatory policy. Such a gap, according to the author, creates conditions for abuse of power due to the possibility of too broad interpretation of these principles. Comparing the powers of the State Regulatory Service related to its direct or indirect participation in regulatory regulation, with the powers of the Ministry of Justice of Ukraine, the author concludes that these powers are correlated as special and general, and state regulatory policy is part of legal policy. The article emphasizes that expertises referred to the competence of the State Regulatory Service are a kind of legal expertise of normative legal acts, which testifies the ability of the Ministry of Justice of Ukraine and its interregional departments to fully carry them out. Analysis of the competence of the State Regulatory Service of Ukraine in the main, profile area of implementation of state regulatory policy shows that its formation was applied not functional, but sectoral and, moreover, a narrowed approach. It manifests itself in the inappropriate division of powers to implement state regulatory policy with the Ministry of Economic Development, Trade and Agriculture of Ukraine, which is responsible for its formation, as well as in the duplication of powers to examine draft regulatory acts with the Ministry of Justice of Ukraine, which is carrying out legal examination of any legal acts. Basing on the set of identified legal shortcomings, the feasibility and justification of the future existence of the State Regulatory Service is quite questionable. In connection with the optimization of the number of government agencies in a global pandemic context, the author considers it appropriate to liquidate the State Regulatory Service. Its powers in the field of implementation of state regulatory policy may be transferred either to the Ministry of Economic Development, Trade and Agriculture of Ukraine or to the Ministry of Justice of Ukraine.