Certain problems of normative and legal regulation as a way of administrative and legal support for the implementation and realisation of anti-epidemic measures

Анотація

The author emphasises that in Ukraine there are no comprehensive scientific studies of the state of implementation of the law- making powers of the SPA on the implementation of AEMs, its inherent problems and scientifically based ways of solving them. In addition, Ukraine lacks an adequate legal basis for the implementation of regulatory and legal regulation in this area by the supreme and central executive authorities. The author emphasises that this is the reason why the state of regulatory and legal regulation of the implementation and realisation of AEMs is characterised by numerous problems and shortcomings. Among them, the author identifies the lack of a clear division of powers between the CMU and the MoH, the absence of exhaustive lists of their powers in the regulations, which results in the adoption of regulations contrary to the competence enshrined in the legislation, and the failure to adopt regulations referred to by the laws of Ukraine as the tasks of the CMU.

As a result, the author emphasises the need to solve these problems by: 1) review and harmonisation of the current legislation of Ukraine with a view to introducing an effective mechanism of regulatory and legal regulation, primarily by the supreme and central executive authorities. It should provide for a clear and logical division of powers between them, and enshrine in laws and bylaws exhaustive lists of their powers in this area; 2) introduction of an effective mechanism for monitoring the status and quality of performance of public tasks assigned to the SPA, including the adoption of the necessary bylaws.