The Segment Legal Monitoring in the Theory of Law-Making: Statement of a Question

Providing of effective legislative activity of Verkhovna Rada of Ukraine is one of important tasks of public legal policy. On this way, forming of perspective plan of law-making activity of parliament which except for the general questions of volume of law-making work must foresee the aggregate of measures from the carrying out of monitoring of bills and legislative acts from the actual spheres of social development is considered expedient. The realization of the legal monitoring depends on the correct selection of types of such monitoring, as an analysis of quality of legislative acts can be conducted with different aims and group of the proper subjects. Thus it should be noted that within the framework of consideration of pressing questions of perspective legislation, attention is accented on realization of monitoring legal acts of Verkhovna Rada of Ukraine. If to take into account the selection of the particular branch legal monitoring and monitoring of legislation after the spheres of the legislative adjusting of social relations, by a next step at the level of theoretical ground of realization such scientifically expert there must be introduction of the segment legal monitoring activity. A word «segment» means: part of circle, limited by arc and two radiuses; area, limited radial lines; part of certain area; area, district. That, going out from such interpretation of word «segment», it follows to come to the idea that the question is about certain part in unique whole. Therefore the segment legal monitoring is: 1) as an independent type of the legal monitoring, under which it follows to understand realization of professional scientifically expert activity, related to the estimation and analysis of effective of legal norms, which regulate the separate group of social relations, grouped on a general sign. It will enable to find out the state of the legislative providing of certain sphere of social relations and forecast it subsequent development with bringing in of specialists exactly from that or other sphere of legal knowledge;
2) as a component part of monitoring of legislative acts, by which it is possible to find out blanks and collisions in the legal adjusting of separate types of social relations next to realization of other types of monitoring of legislative acts. It will enable, taking into account the specific of segment approach, to carry out the estimation of legal norms and generalize the state of the legislative providing of certain type of publi c relations;3) as a subsidiary constituent of the particular of type of the legal monitoring, this will enable to conduct research of efficiency of application of legal norms in the separate spheres of social relations related to general thematic direction of basic type of the legal monitoring. To our opinion, the segment approach in realization of monitoring of legislative acts will be instrumental in the improvement of law-making process in the state, because it carrying out must provide for: 1) a systematization of collisions and blanks of the legal adjusting of particular sphere of social relations;
2) a forming of plan of law-making works of parliament for the segme nt sign; 3) an optimization of the system of parliamentary committees and other structural subdivisions of Legislative establishment of Verkhovna Rada of Ukraine; 4) an update of requirements is to the participants of law-making activity.