Natalia Onishchenko: it is not easy to write a legal formula that will work

Наталья Онищенко: Очень не просто написать юридическую формулу, которая будет работать

Professor Natalia Onishchenko – doctor of legal Sciences, Professor, academician of national Academy of Ukraine, head of the Department of theory of state and law, Institute of state and law. V. M. Koretsky of NAS of Ukraine.

The quality of our lives depends on the quality and effectiveness of legislation. Why the laws in Ukraine are often not effective?

What is effectiveness of legislation? That’s lawyers and politicians are almost daily cross swords in the fight for it, and instead now we’ve got a lot of regulations that do not improve, and significantly worsen the situation of ordinary people.

The formula of the effectiveness of any law is quite simple:
– to respond to the realities
to be provided with the resources
– to comply with the Constitution,
– answer the morality and traditions.

If any state Institute to effectively fulfill its function then definitely it is authoritative. If the law effectively protects the rights, freedoms and legitimate interests – it’s filled with people’s trust.

We also, often, the law protects the interests of certain oligarchic or political group that lobbied for it.

The legislation must meet, to ensure the interests and security of the people. Then it will be effective.

Well, then how can You assess the current level of rights and freedoms in our country?

In General, the law in Ukraine in line with European standards, international standards, however … demonstrates the effect of “sleeping beauty” is good, but, unfortunately, not valid.

Today the government more responsible to the international community than to their citizens.

With all the maximize discussion of human rights we can say, unfortunately, that in practice is minimizing the real human rights and freedoms of the person.

That is, we maximize discussion, but actual civil rights minimize.
What to do with it? Remember to fight for your rights never ends!

However, it must be real, effective control. And we often suffer from what I conditionally call the “drip democracy” came, and shout …

And attempts to change the Constitution, contribute to the development of the rule of law?

Amendment of the Constitution in itself may not lead to the social, economic and political expectations that are declared.

It is not easy to write a legal formula that will work.

Though, I think, the very desire to change something, that’s fine.

However, in Ukraine there is a problem of perception of law – it is not perceived as an ordinary person, and we have already noted why this is so.

This problem of comprehension of the law, the problem of legal nihilism intensifies the problems of legal pessimism that much worse. Because the first is “do not want”, “I”, “dislike”, but legal pessimism is the disappointment in the potency of the right to their own experience.

Like other negatives related to corruption …

You know, the first record on corruption has been known since the Sumerian king Uruinimgin and dated 24th century BC.

Since then, who just haven’t thought about this – both liberals and radicals and swindlers.
We have created and NABOO, and the NACP, there are anti-corruption prosecutors. That’s good. But who is preparing, and will prepare the fighters of corruption? All who though something can teach. So why is the government not create a single training center or the retraining of these specialists, who already in work is not necessary to have knowledge of the economic, technological, and, of course, of a legal nature.

Alternatively, it could be a research center, or, for example, in Austria, the anti-corruption Academy.

Create basis – will have more significant results in the fight against this phenomenon.
However, this is only the beginning.

Then you need to move on to other components of the process of struggle: the renewal of the judicial system, etc.

The full interview, see the magazine “Correspondent”.

 

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