Децентралізація нормопроєктування: імплементація принципу субсидіарності в правотворчості

The article is devoted to the study of the decentralization of legislative drafting in the context of the implementation of the principle of subsidiarity in lawmaking. The importance of the principle of subsidiarity for ensuring the effectiveness of lawmaking processes at the local level, its normative consolidation in the legislation of the European Union and Ukraine is considered. It is determined that the principle of subsidiarity, which provides for decision-making at the lowest level of government closest to citizens, is a key tool for ensuring the balance between centralization and decentralization in lawmaking. It is emphasized that its implementation involves a flexible combination of these approaches, where the ratio of the levels of centralization and decentralization is determined by specific needs and context. The main functions of the principle of subsidiarity are analyzed: normative, protective and institutional, which contribute to the development of democratic processes and taking into account local needs. Decentralization of legislative drafting is considered as a mechanism for delegating law-making powers from central government to regional and local authorities, which allows taking into account the specifics of local economic, social and cultural development. The role of local governments in law-making is analyzed, as well as the main challenges associated with legislative drafting at the regional and local levels. Forms of decentralization of legislative drafting are distinguished, including political, administrative, fiscal and functional decentralization, as well as their practical application in European countries. The need to find the optimal balance between centralization and decentralization of the legislative process is substantiated in order to avoid legal fragmentation and duplication of competences. Innovative approaches to legislative drafting are considered, in particular, the digitalization of the legislative process, the use of artificial intelligence and Big Data to assess the effectiveness of legal norms. Examples of successful application of such technologies in the law-making of European countries and their potential implementation in Ukraine are given. Conclusions are drawn about the importance of digital tools for increasing the transparency and efficiency of the regulatory process.