CONSTITUTIONAL AND LEGAL SUPPORT OF EXPERT SUPPORT OF LEGISLATIVE ACTIVITY IN THE FIELD OF COUNTERING DISCRIMINATION

Abstract

The problems of theory and practice of ensuring the principles of equality and anti-discrimination and constitutional and legal support of expert support of legislative activity in this area are considered. It is argued that the issue of equality and the prohibition of discrimination is a largescale and complex branch of theoretical discussions and practical policy. These issues can not be separated from other thematic areas, such as civic integration, multiculturalism, overcoming and eliminating various phobias, developing intercultural dialogue, reconciliation and tolerance. It analyzes the main acts of the national legislation, which proclaim these principles, as well as relevant modern legislative initiatives. The main issues of anti-discrimination legislation and legislative regulation of the principles of equality and anti-discrimination are considered. The arguments are made that anti-discrimination legislation in Ukraine is predominantly declarative, contradictory and fragmented. The main factors of subjective and objective nature that determine the low level of legislative initiatives in the field of countering discrimination are analyzed. It turns out that expert support of legislative activity and legislative process as a whole becomes the most important mechanism for preventing gaps in the system of legislation, avoiding legal conflicts, eliminating defects, legislative abnormalities and erroneous norms, combating corruption, etc. This is essential in anti-discrimination processes. According to foreign experience, expert activity plays a huge role in terms of the effectiveness of the legislative process. High activity and participation of civil society institutions in the implementation of anti-discrimination expertise, especially academics, independent experts, media representatives, NGOs, various associations of human rights activists, etc. are noted. It is concluded that the constitutional and legal regulation of expert support of the legislative process in the field of combating discrimination in Ukraine is insufficient. It is proved that the facultative nature of the results of scientific legal expertise leads to a decrease in the role and weight of legal science in the process of creating legal norms. Indeed, despite some contradictions and fragmentation, the domestic doctrine in the field of countering discrimination far outstrips the development of anti-discrimination legislation. It seems that this is one of the reasons for the poor quality and inefficiency of some of the laws. The participation of lawyers in the early stages of the lawmaking procedure is one of the important guarantees of the quality and preconditions for anti-discrimination legislation.