Yermolenko D., Udovyka L. The impact of legal culture on the quality of the law-making process

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.48-53

Purpose. To comprehensively examine the multifaceted influence of legal culture on the quality of legislative activity and to identify the main forms, mechanisms, and channels through which this influence manifests in contemporary legal systems. The research aims to establish correlations between the level of legal culture among lawmakers and the effectiveness of resulting legislation. Methodology. The study employs a robust interdisciplinary approach that combines methods of legal analysis, comparative law and a systemic approach. This methodological framework allows for a holistic examination of both normative and empirical dimensions of the relationship between legal culture and law-making processes. Methods. The research utilizes logical analysis, generalization, comparison, content analysis of legal acts and doctrinal sources, statistical methods, and case studies of legislative development. This methodological triangulation ensures comprehensive coverage of the research questions. Results. It has been conclusively established that the level of legal culture directly affects the quality of law-making, helps eliminate legal conflicts, and enhances the effectiveness of legal regulation. The study identifies various forms of this influence, including forecasting legal development, legislative planning, development of normative legal concepts, harmonization of legislation, improvement of legal terminology, engagement of civil society, and implementation of international legal standards. The research demonstrates that high legal culture among lawmakers contributes significantly to creating coherent, stable, and socially responsive legislation. Originality. The study systematically examines the mechanisms for forming a high level of legal culture among lawmakers, develops a theoretical framework for understanding the dynamics of this relationship, and justifies the need for a comprehensive methodology to monitor its impact on the quality of legislative norms. The work extends existing scholarship by incorporating contemporary challenges such as digitalization and globalization into the analysis of legal culture’s influence on law-making. Practical significance. The findings can be applied to improve the legislative process in Ukraine, enhance the quality of legislation and its implementation, develop training programs for lawmakers, establish monitoring mechanisms for legislative quality, and assist in the education of legal professionals.

Key words: legal culture, law-making, legislative quality, legal regulation, law-making process, legal system.

References

1. Rabinovych, P. M. (2005). Osnovy obschey teorii prava i gosudarstva [Fundamentals of the General Theory of Law and the State]. Kharkiv: Konsum. (in Russian)

2. Makarenko, L. O. (2019). Pravova kul’tura: teoretyko-pravovi osnovy doslidzhennia [Legal Culture: Theoretical and Methodological Foundations of Research]. Kyiv: Parliament Publishing House. (in Ukrainian)

3. Yakoviuk, I. V. (2017). Pravova kul’tura [Legal Culture]. The Great Ukrainian Legal Encyclopedia: In 20 Volumes. Vol. 3: General Theory of Law. Edited by O. V. Petryshyn et al. (pp. 483–486). Kharkiv: Pravo. (in Ukrainian)

4. Kryvytskyi, Yu. V. (2023). Vplyv pravovoi kul’tury na effektyvnist’ realizatsii pravovoi reformy [The Influence of Legal Culture on the Effectiveness of Legal Reform Implementation]. Chasopys Kyivs’kogo universytetu prava, 2, 22–27. (in Ukrainian)

5. Madison, V. V. (1998). Na shliahu rozroblennia metodologii filosofii pryvatnogo prava [Towards the Development of a Methodology for the Philosophy of Private Law]. Pravo Ukrainy, 6, 94–98. (in Ukrainian)

6. Tkachuk, A. S. (2018). Vplyv pravosvidomosti na formuvannia pravovoi derzhavy v konteksti udoskonalennia instytutu pravotvorchosti [The Influence of Legal Consciousness on the Formation of a Legal State in the Context of Improving the Institution of Law-Making]. Formuvannia i rozvytok pravotvorchosti v umovah transformatsii suspil’stva. (pp. 239–266). Odesa: Feniks. (in Ukrainian)

7. Onishchenko, N. M. (2002). Pravova systema: problemy teorii [Legal System: Problems of Theory]. Kyiv: V. M. Koretsky Institute of State and Law, National Academy of Sciences of Ukraine. (in Ukrainian)