Issue: № 4, 2026
Doi: https://doi.org/10.37634/efp.2026.4.8
Introduction. The problem of law creation has deep historical roots and remains a subject of scholarly inquiry. The relevance of the study is confirmed by the transformation of Ukraine's statehood and legal system, European integration, and the need to align national legislation with international standards. The adoption of the Law of Ukraine "On Law-Making Activity" No. 3354 of August 24, 2023, and the conditions of martial law create an unprecedented context requiring a clear scientific distinction between "law-creation" (pravotvorennia) and "lawmaking" (pravotvorchist). The purpose of the paper is to substantiate the theoretical and methodological foundations and to investigate the processes of law-creation and lawmaking in the development of civil society. Results. The paper reveals that law-creation is a complex, multifaceted socio-legal phenomenon reflecting the evolutionary path of law encompassing its emergence, development, and transformation. Lawmaking is characterised by the active, intellectual, and creative activity of authorised state entities aimed at creating, amending, or terminating legal norms. The role of civil society as a systemic subject of law-creation at all stages has been established. The dialectical relationship between the two phenomena has been demonstrated: law-creation generates the preconditions for lawmaking, while lawmaking provides the results of law-creation with official significance and legal force. Conclusion. Lawmaking in the modern era is the logical final stage of law-creation. The peculiarities of law-making activity in Ukraine during martial law and European integration have been analysed, including the risks of mechanical transposition of EU directives. The necessity of scientific support for quality law-creation as a prerequisite for effective lawmaking has been substantiated.
Keywords : law-creation, lawmaking, law formation, civil society, rule of law, martial law, European integration, acquis communautaire
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