Article title Constitutional Definition of Public Authority – Key Element of the Legal Doctrine of Ukraine
Authors

Doctor of Law, Corresponding Member of the National Academy of Legal Sciences of Ukraine,

Honored Lawyer of Ukraine, in. at. Chief of Staff of the Verkhovna Rada of Ukraine, Deputy Head of the Back Office of the Verkhovna Rada of Ukraine – Head of the Chief Legal Department

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2/2021
Сторінки [29-41]
Annotation

The article is devoted to the problem of the system of public power in Ukraine constitutional definition in the context of the legal doctrine of Ukraine.

The purpose of the article is to define the concept of public authority and methodological approaches to the constitutional consolidation of its system in Ukraine.

The article emphasizes the need for scientific research in the spheres of constitutional principles of public power in Ukraine organization and functioning, of clarifying this power essence and peculiarities of its manifestation in Ukrainian society. Article also deals with the need to study the patterns of public power in the constitutional system of Ukraine and its reform.

The notion of public power in connection with political power and the main forms of exercising public power in modern societies, which are state power and local selfgovernment, are considered.

The negative regularity of the quality of public power deterioration due to the underdeveloped political system because of the imperfection of the Ukrainian constitutional order definition is noted. It is alleged that one such circumstance is that the Constitution of Ukraine is based on a contradictory, fundamentally erroneous in its concept constitutional process.

It is emphasized that strategy of the constitutional process key part, on which the success of political and legal reforms depends, and with them – the reform of economic, social, humanitarian, and other spheres, is the adoption of a new Ukrainian Constitution in a new version. Only through constitutional changes is it possible to carry out reforms of public authorities systematically, consistently, and exclusively on a legal basis.

The priority of formulation in the legal doctrine of Ukraine of the basic constitutional provisions concerning the political system organization, and development on its basis the political reform general concept is specified. The main tasks of the reform in the political system of Ukraine are determined, which are the elimination or reduction of the influence of the relevant socio-political factors that feed poor quality government, the conceptual foundations of political reform are identified. It is emphasized that the political system reformed in this way is a necessary condition for the legal reform implementation, as a prerequisite for the reforms in other areas implementation.

The main purpose of legal reform and its conceptual principles in accordance with the legal doctrine of Ukraine are indicated. Various aspects of these principles are described. The issues of constituent power are considered, in particular, the doctrinal definition of the relationship between the state and the people in terms of the participation of state power in the implementation of constituent power directly by the people.

According to the legal doctrine of Ukraine, the need for real implementation of the principle of constitutional legality, strict implementation of the Constitution, imperative constitutional norms application and the need to ensure real Constitution protection from its illegal change and other violations of its requirements are noted. In this regard, the new version of the Constitution of Ukraine should provide a section “Protection of the Constitution”, based on which an appropriate legal mechanism should be developed and implemented, and a description of the latter should be given. The concept of “constitutional reform” is critically considered, the definition of its object and subject is offered.

 

Keywords public power; constitutional order; political reform; legal reform; legal doctrine; constitutional reform; constitutional legality; constitutional process
References

Bibliography

Edited books

1. Yushchyk O, ‘Konstytutsiini mytarstva chy Narodna Konstytutsiia?’ v Formula

demokratii: “Narod – Konstytutsiia – vlada”. 20-richchiu Konstytutsii Ukrainy

prysviachuietsia (Moroz O, Yushchyk O uporiad, Parlam vyd-vo 2016) (in Ukrainian).

Theses

2. Tepliuk M, ‘Konstytutsiino-pravovi problemy orhanizatsii publichnoi vlady v Ukraini’

(dys kand yuryd nauk, 2008) (in Ukrainian).