НАРОДНА ЗАКОНОДАВЧА ІНІЦІАТИВА: ПРОЯВ ПОПУЛІЗМУ ВЛАДИ ЧИ РЕАЛЬНИЙ ІНСТРУМЕНТ ДЕМОКРАТІЇ

Abstract

The article deals with some aspects of amendment of legislation to ensure the legislative initiative of the people as an institution of direct democracy in the context of proposals for changes to Article 93 of the Constitution of Ukraine (regarding the legislative initiative of the people). The history of the formation of the people’s legislative initiative as an institution of constitutional law is outlined, as well as practical issues that should find a theoretical basis in the legislation for the proper implementation of the right of the legislative initiative of the people.

Contemporary stage of development of Ukraine, is characterized by a rapid state-building processes that are also associated with the upgrade of constitutional law, especially important is the question of the new forms of direct democracy.

The science of constitutional law raises questions about the expediency of recognizing the people of Ukraine or part of it as a subject of legislative initiative, emphasizing of this institution over the adoption of a law in a referendum on the peoples initiative as: easier and cheaper procedure for passing a law in parliament initiative; the law-making process in parliament is much more mobile; the procedure for passing laws in parliament is carried out in accordance with the legally defined procedure, while the procedure for passing laws in an all Ukraine referendum requires both conceptual and procedural elaboration.

The introduction of popular legislative initiative only by amending the Constitution st.93 Ukraine may be insufficient, its practical implementation will require further improvement of legislation, taking into account positive international experience.