Public and corporate norm-making as self-evident norm-making activities

For a long time, legal science considered public authorities as the only subject of norm-making activity. In particular, the subject of legal regulation of the Law of Ukraine «On Law-Making Activity», adopted by the Verkhovna Rada of Ukraine, is the regulation of the activities of such law-making entities as state authorities and local self-government bodies. The concept of corporate norm-making activity is not mentioned at all in this Law, which does not correspond to both the current state of development of legal science and the legal system of Ukraine. In democratically developed states, corporate norm-making activity by various non-state associations (civil society institutions) is becoming increasingly important. Corporate norm-making activity is an independent objective legal phenomenon, which is determined by the need to ensure the autonomy (self-regulation and self-organization) of various institutions of civil society, where the participants in the relationship can establish appropriate rules of conduct that regulate legal relations between them within their association. As a result of corporate norm-making activity, corporate law is formed, which has a different (non-public) nature of power, which does not depend on the actual permission of the state and exists autonomously from state law, however, it does not violate it. Corporate norm-making activity is subject to some legislative regulation, but is mostly carried out on the initiative and at the discretion of civil society institutions. Registration of individual corporate acts by state bodies does not constitute authorization of a corporate act; it is only a form of establishing its compliance with the norms of current legislation, that is, a form of legitimation. Therefore, depending on the two main general subjects of norm-making (public authorities and civil society), two independent types of norm-making activity should be distinguished, namely public and corporate norm-making, respectively.