Ontological Problems of Lawmaking in Ukraine
Abstract
Abstract. The problem of lawmaking has become relevant again in legal theory and practice in connection with the adoption in August 2023 by the Verkhovna Rada of Ukraine of the Law "On Lawmaking Activity". On the one hand, the Law put an end to fruitless and scholastic discussions about what lawmaking is and what is more important: "lawmaking" or "lawmaking", and on the other hand, it revealed the requirements for an important part of lawmaking activity – lawmaking and the creation of regulatory legal acts. Last year, in the journal "Philosophical and Methodological Problems of Law", we, together with Professor Natalia Kushakova-Kostytskaya, published the article "Philosophical Problems of Lawmaking", which was supposedly a philosophical propaedeutic to the problem of lawmaking. It is clear that this was only a tentative approach to solving the problem of philosophical understanding of lawmaking. It is obvious that there is a need for an in-depth analysis of the ontology, epistemology, axiology, epistemology, and anthropology of lawmaking. This article attempts an ontological approach or analysis of lawmaking as a being, an existential. Probably, an ontological approach to lawmaking requires linking the latter with the existence of society, civil society, and the state, without which lawmaking does not exist, is impractical, and impossible. Also, the ontology of lawmaking is related to the ontology, existence of law and legislation. A study of these points will make it clear the need to develop those provisions that are enshrined in the Law "On Lawmaking Activity."
Keywords: lawmaking; legislation; ontology; existence of law; right; law; civil society; state.
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