Public consultations as a phase of lawmaking in Ukraine: effectiveness of legal mechanisms and international standards

The article is devoted to the study of legal mechanisms for conducting public consultations during the lawmaking process, and to identifying problems in this sphere. It is noted that the low level of public involvement in public affairs affects the perception of legislation, as laws and regulations adopted without public participation and proper information often fail to meet the public’s needs, thereby disrupting the balance of interests between the State and society. The author analyses international, universal, and regional standards, as well as international experience, which indicate the importance of not only compliance with the methodology of public consultations but also the effective use of their results in lawmaking. International standards in the field of public consultations and positive foreign practice demonstrate the need to involve society in all procedures for discussing and agreeing on the legal issues that require new legal regulation in the context of legal reform. The importance of public consultations for the development of effective legislation lies in the active search for the best legal regulation that will balance the interests of the state and society. At the same time, public participation should not be formal, but real. As we can see, Law No. 3841-IX does not provide mechanisms to engage society in public consultations, and the absence of an obligation for MPs and VRU committees to hold them during lawmaking will not encourage active members of society to consider the opinion of active members of society at various stages of lawmaking, as required by international standards. In the context of the application of international standards, we see the expediency of establishing a Parliament Committee to evaluate the results of public consultations and to promote active interaction between legislators and the public. Such a committee should ensure that the results of public consultations are considered in future draft laws.