Committee Members reached this decision following deliberation on The President's proposals on this Law, on the grounds that no legislative definition of the term 'Legal Enactment' is available, and a clear-cut list of properties, by which the said Enactment is subject to State Registration, is missing.
The Law 'On Amendments to The Administrative Offence Code of Ukraine, appertaining to the introduction of Liability for violation against Legislation on State Registration of Legal Enactments' (Reg. No. 0867), was drafted in development of Paragraph 22, Part 1 of Clause 92 of The Constitution of Ukraine. It was originally intended that this would become part of Ukraine´s Legislation on State Registration of Legal Enactments, to provide for the Legislative Regulation of Administrative Liability of Officers guilty of Violation of Legislation on State Registration of Legal Enactments. Also intended was the achievement of an appropriate level of discipline among Officers in Rule-making entities, as regards adherence to Legislation on State Registration of Legal Enactments, and provision of an appropriate level of order in governance and protection of Human Rights and Liberties.
The Law , 'On Amendments to The Administrative Offence Code of Ukraine, appertaining to the Introduction of Liability for Violations against the Legislation on State Registration of Legal Enactments', passed by The Verkhovna Rada of Ukraine on 29 May 2007, has not been signed by The President of Ukraine for the following reasons:
The Law suggests that Clause18827 is added to The Administrative Offence Code of Ukraine, establishing administrative liability for non-submission or untimely submission for State Registration of those Legal Enactments that are subject to State Registration under the Law; forwarding for the execution of Legal enactments not having passed State Registration and not having been published under a procedure laid down in the Law, as well as forwarding for the execution of letters and telegrams establishing legal rules. The issue of Reports on the above administrative violations is vested in the Officers of the Justice Bodies ( Amendments to Clause 255 of the Code).
These Proposals stress that attributing any act to, inter alia, an administrative offence, with the relevant liability, can be carried out in Laws only, according to Paragraph 22, Part 1 of Clause 92 of The Constitution of Ukraine. However, the procedure for the submission of Legal Enactments to State Registration, and their publication, has not yet been regulated by Law. No legislative definition of the term 'Legal Enactment´ is available, and a clear-cut list of properties by which the said Instrument is subject to State Registration, and which also allows for its differentiation from other Instruments not subject to Registration, is missing. 'Under such circumstances, and notwithstanding the entering into force of the Amendments, under a procedure laid down in the Law under consideration, agreement cannot be given to the establishment of administrative liability for violations of the provisions of Law that to date are non-existent,' state the Proposals of The President of Ukraine.
The State Leader takes the view that matters of administrative liability for violation of Legislation on State Registration of Legal Enactments should be regulated using a complex approach, and subject to the existence of relevant law provisions on State Registration of Legal Enactments, and their publication. The President of Ukraine stresses that appropriate execution of the legislation on State Registration of Legal Enactments should also be provided through the introduction of liability of Officers in charge of State Registration, for any violation thereof.