ARCHETYPICAL CONFLICT OF RULE-MAKING OF THE PUBLIC ADMINISTRATION BODIES

Abstract

The article considers the rule-making activity of the public administration bodies in Ukraine. Law-making is one of the direct activities of the authorized bodies for the development, adoption, amendment or supplementation of the normative-legal acts. By-laws are duplicated, contradictory, create a large number of documents on amendments to the existing normative-legal acts, artificially ‘inflate’ the legislation of Ukraine, contain incorrect, vague wording, which may allow for misreading, incorrect interpretation and application norms of the legislation and accordingly violate the legal rights, freedoms and interests of the individuals and legal entities. Objective causes of errors include: dynamism of the legal system of Ukraine, intensive development and updating of the Ukrainian legislation; diverse and often conflicting interests of different segments of the population, and so on. Subjective reasons are: lack of legislative consolidation, ignoring or non-compliance with the rules and requirements of the legislative technique developed by science and practice; existing contradictions between the science and practice of law-making and their isolation from each other; insufficient level of professionalism of the legislator; inadequate level of examination of bills; insufficient expert support of drafting works; lack of proper coordination of actions of the law-making entities; lack of a state concept for the development of the Ukrainian legislation. The analysis of rule-making is carried out everywhere through the prism of the collective unconscious and the conflict of archetypes with the modernity. Archetypes, according to Jung’s theory, are universal innate mental structures that make up the content of the collective unconscious. The archetypes force people to perceive, experience events and react to them in a completely certain way. Any number of archetypes is possible. Jung considered them regulators of behaviour and mental life, which organize and direct the mental processes. Without special information about the archetypes, a person does not realize that he is under the influence of collectively unconscious archetypal forces. If the influence of the collective unconscious intensifies, the ego is ‘captured’ by the archetypal impulses that enslave the man. The knowledge of this fact is quite useful because it helps to control the situation to some extent. Since archetypes have both positive and negative sides, control is an attempt to activate the former at the expense of the latter.