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Abstract

<jats:p>The article examines the rule of law as a fundamental principle of law-making activity of state authorities in Ukraine. The doctrinal evolution of the rule of law concept is analyzed within both formal (A. V. Dicey, J. Raz, L. Fuller) and substantive (R. Dworkin, P. Craig) traditions, alongside its relationship with the continental Rechtsstaat. It is argued that an integrative understanding of the rule of law, combining formal requirements for the law-making process (clarity, prospectivity, stability) with substantive ones (proportionality of rights restrictions, prohibition of arbitrariness), is relevant for the Ukrainian constitutional order. Based on the analysis of Constitutional Court of Ukraine decisions, the practice of applying legal certainty, proportionality, and the prohibition of retroactive legislation as criteria for assessing the quality of legislative acts is evaluated. The impact of martial law on the law-making activity of various subjects (the Verkhovna Rada, the President, the Cabinet of Ministers, and local self-government bodies) is examined, revealing systemic risks of declining law-making standards (deficit of parliamentary oversight, suspension of public consultations, de facto paralysis of constitutional adjudication). The effectiveness of institutional mechanisms ensuring the rule of law in the law-making process is assessed: legal expertise, regulatory impact assessment, anti-corruption review, and constitutional control. The influence of international standards (the Venice Commission's Rule of Law Checklist, the EU Better Regulation Agenda, the OECD Recommendation on Regulatory Policy) on Ukrainian law-making practice in the context of EU accession conditionality is analyzed. The author's position is formulated, prioritizing the strengthening of institutional capacity of existing quality control mechanisms over further expansion of regulatory requirements.</jats:p>

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Keywords

lawmaking rule constitutional regulatory activity

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