Improving normative drafting techniques in the field of state regulatory policy in the context of enhancing the effectiveness of the legal regime stimulating economic activities

It is argued that the future model of legal regulation of economic relations using a complex of stimulating legal means is laid down precisely by the regulatory act. It is proven that the effectiveness of organizing and conducting regulatory activities determines the degree of effectiveness of the stimulating legal regime of economic activity. It has been established that despite the obvious purpose of both regulatory and legislative activities to achieve increased efficiency of legal regulation of certain groups of social relations, choosing a less economically costly method of legal influence is a particular feature of regulatory activities. Cases have been identified where the state, using various legal techniques, excludes from the scope of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” groups of social relations regulated by a system of legal norms, which is an integral element of the stimulating legal regime of economic activity. It is asserted that the legal techniques chosen by the state do not always correspond to the legal certainty, the “quality of the law”, which constitutes the essence of the rule of law principle, nullifying the purpose of legal regulation of social relations in a predictable manner. It has been established that the exclusion from the scope of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” of a significant range of social relations has created conditions for the preparation of most regulatory legal acts, including those defining the principles of implementation of the stimulating legal regime of economic activity, circumventing the requirements imposed on regulatory activities. The provision on the expediency of bringing the legal techniques for determining the scope of application of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” in line with the principles of normative drafting techniques embodied in the Law of Ukraine “On Legislative Activity” is substantiated. The provision regarding the inclusion in Article 3 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” of the norm that exceptions from the scope of this Law are made only by amending this Law is substantiated.