Ways to enhance the effectiveness of lawmaking in the field of mine action

Abstract

The purpose of the study is to analyze the current state of lawmaking in the field of mine action and substantiate proposals for enhancing its effectiveness in light of the challenges and threats posed by the full-scale war, as well as the needs of Ukraine’s post-war recovery. The methodological framework of the study is composed of various research methods and techniques. The structural and functional approach is used to examine lawmaking in the field of mine action through the lens of the structure and hierarchy of legislation. The lawmaking-oriented approach makes it possible to overcome limitations arising from a predominant focus on studying the outcome rather than the process of creating legal norms and legal acts. Retrospective analysis enables an in-depth exploration of the development, adoption and revision of the Law of Ukraine «On Mine Action in Ukraine» to identify causal links between lawmaking errors, the low quality of this legislative act and the actual state of the relations regulated by it. Idealization serves as a basis for developing a scientific understanding of the full cycle of legislation formation or revision. The formal and legal method is applied to clarify the essence of legal norms and other legal phenomena in their «pure» form. On the one hand, the state of lawmaking in the field of mine action is characterized by the inactivity of the subjects vested with the right of legislative initiative with regard to the comprehensive revision of the Law of Ukraine «On Mine Action in Ukraine». On the other hand, a high level of activity is observed among the actors engaged in subordinate lawmaking. The paper argues that the overwhelming majority of legislative deficiencies in the field of mine action are attributable to subjective factors, including the lack of professionalism among the drafters of legal acts, disregard for legislative drafting techniques, the marginalization of legal expertise and other similar issues. In the lawmaking process, it is necessary to take into account the structural and hierarchical relationships within the system of legislation governing mine action. This implies the sequential updating of legislation starting from the law as the system-forming element and proceeding to the subordinate legal acts derived from it, rather than the other way around. The paper proposes that the Cabinet of Ministers of Ukraine should exercise its constitutional right of legislative initiative more actively in order to improve the soundness and quality of draft laws in the field of mine action. It is advisable to reduce the number of executive authorities among which the relevant lawmaking powers are distributed. The necessity of conducting a comprehensive review of the adopted legal acts in the field of mine action is substantiated. Furthermore, the value of international standards developed by the United Nations Mine Action Service for legislative drafting is emphasized.