DELEGATED LEGISLATION AS A TOOL OF LEGAL REGULATION IN UKRAINE: HISTORICAL CONTEXT

Abstract

The article explores delegated legislation in a historical context as a tool of legal regulation in Ukraine. A comparative analysis of delegated legislation in Ukraine and the European Union member states has been conducted. Particular attention is paid to the comparative analysis of various models of delegated legislation specifically as instruments of legal regulation. Additionally, the study provides a comprehensive examination of the historical and legal evolution of delegated legislation in Ukraine, focusing on its legal nature, forms, mechanisms of implementation, and impact on the constitutional principle of separation of powers in Ukraine. The methodological framework is based on both general scientific methods of cognition and special legal research methods. The conclusions obtained have practical significance for the improvement of legislation and may serve as a theoretical basis for introducing amendments to the Constitution of Ukraine regarding the possibility of delegation, as well as for the further development of the Law of Ukraine «On Delegated Legislation.»Equally important is that the research results can serve as a foundation for distinguishing between delegated and executive rule-making, which, in turn, will help avoid the duplication of legal functions in Ukrainian legislation. The theoretical value of the study lies in deepening scientific understanding of the place of delegated legislation within the system of legal sources, its nature, and legal consequences. Law-making through the application and use of delegated legislation is quite common in many legal systems belonging to various legal families. The features of delegated legislation have been studied by both domestic and foreign scholars. The relevance of the topic is driven by the need to adapt national legislation to European lawmaking standards and to improve the mechanisms for the distribution of governmental powers.