Legislative Process: The Basic Function of Parliament By O.Barabash, 1997 

Available in Ukrainian only, only HARD COPY Available

Table of Contents

Introduction

A Further Word on the Legislative Process…………3

Part I

The Legislative Process in Various Countries

The Legislative Process in Ukraine (Brief Overview)…..6

Description of the Legislative Process by Sections of the Verkhovna Rada Rules and Regulations….9

The Legislative Process at the Federal Level in the Federal Republic of Germany….13

The Law Adoption Process in France ….15

The Legislative Process in Great Britain …16

How a Bill Becomes Law in the USA…….17

Handling of Legislative Documents in Poland…….18

Legislative Procedure in Poland………19

Stages of the Legislative Procedure…20

Comparison of Legislative Activity in Different Countries………26

Key Differences (and Some Similarities) Between Legislative Procedures in the US and Ukraine….36

Case History – Passage of a Law by the Ukrainian Verkhovna Rada (Ukrainian Law on “Amendments to the Ukrainian Law on Lease of State Enterprises and Orgnsization”)….56

How Long can the House of Representatives Review a Bill? ….58

Part II – Problems of Hierarchy of Laws

Hierarchy of Laws ….62

Hierarchy of Laws in Spain…79

Hierarchy of Statutes: Germany’s Experience….83

Part III – Improving the Legislative Process

Working Toward an Improved Legislative Process ….90

The Legislative Process in the Context of Overall Problems of Regulation of Rulemaking..92

Scientific Problems and the Legislative Process…95

Parliamentary Procedures and Political and Legal Aspects of Their Application…101

The Legislative Institution and the Structure of the Verkhovna Rada..105

Issues in Creating Plenary Session Agendas and Assigning Order of Priority to Bills…108

The Role of the Administration of the President of Ukraine in the Legislative Process….111

Lessons from the US Congress on Organizing Expert Review of Bills…117

The Need for a New Constitution and Constitutional Court….119

Ukraine on the Path to Rule of Law….121

Part IV Problems of Legislative Regulation of Rulemaking

Current Theoretical Problems of Rulemaking….124

Comparison of the Legislative Process in the US and Ukraine…128

Political and Legal Doctrine and Legislation through Referendum…135

Practical Problems of Interpreting the Ukrainian Constitution and Laws and Interpretations of the Plenary Session of the Supreme Court..138

Legislative Regulation of Rulemaking: General Features of the Draft Ukrainian Law on Regulations..145

Some Problems of Interpretation of the Constitution and Laws…151

Legal Regulation of the Rulemaking Process as a Technical Issue…152

Legislation and the President of Ukraine. Executive Acts…156

Comparative Analysis of Two Draft Laws (on Regulations and Laws and Legislative Work)….158

Systematic Approach to Issues of Legislative Regulations of Rulemakeing…163