Streamlining legislation: a doctrinal approach

The article provides a general theoretical overview of the problem of streamlining and improving legislation, making it more effective and efficient, which is particularly relevant at the current stage of development of social relations, especially in the context of martial law and the need to comply with the requirements for accession to the European Community. It is emphasized that the streamlining legislation is often considered by scholars as a concept that is similar in meaning to the concept of «systematization of legislation». It is noted that the systematization of legislation is the process of its organization, carried out by relevant entities using legal means in such forms as incorporation, codification, consolidation, accounting, and revision. It is emphasized that the systematization of legislation is aimed at overcoming the multiplicity of legislation, eliminating duplications, contradictions, and collisions, as well as legal errors, with the goal of forming a unified and coherent system of legislation, ensuring its significance, effectiveness, and efficiency, its compliance with the level of development of society and the state, its interests and needs, as well as international principles and standards. It has been determined that improving legislation is a type of legal activity aimed at ensuring the quality of legislation and bringing it into order through the use of various forms and technical and legal methods. Among the forms of improving legislation, emphasis is placed on harmonization of legislation, which is characterized as the process of bringing legislation into line with international standards and principles in order to ensure its consistency, legal certainty, and transparency. In addition, such forms of harmonization of legislation as unification and modernization are highlighted and their general characteristics are provided. Legal monitoring is also highlighted among the technical and legal methods for streamlining and improving legislation. It is emphasized that legal monitoring is a technical and legal method of streamlining and improving legislation, an powerful tool for ensuring its quality, efficiency, and effectiveness, which is carried out by the relevant entities through observation, analyzing, and summarizing the state of legislation that regulates a particular sphere of social relations, contributes to the correction of content errors and the introduction of amendments and additions to existing legislation. The importance of constitutionalizing legislation in the context of this issue and the interaction between law-making and state policy was emphasized. It is emphasized that constitutionalization is the process of determining the place and role of constitutional principles and norms in the legal system of the state. Constitutionalism is based on the principles and certain patterns of formation and organization of state power and the functioning of society, defining the legal position of a person and a citizen, their legal status, and the peculiarities of the functioning of state bodies and structures. Changes taking place in society, the state, and the legal system as a whole require the streamlining and improvement of legislation to ensure its compliance with constitutional principles and norms. This process requires considerable effort on the part of the relevant authorities and the scientific community. It is noted that legal progress affects the need to streamline legislation. Legal progress not only changes the dynamics of the legal system, but also contributes to the updating of legislation, its novelization, and bringing it into line with international principles and standards. Progressive changes in the legal sphere also require its coordination, streamlining, and improvement.