The principle of separation of powers is considered, according to the modern legal science, to be one of the main constituent elements of constitutionalism, enshrined in the basic laws of most modern states. At the same time, some researchers state the practical ineffectiveness of the principle of separation of state power, which is replaced by the dictate of certain political groups of influence, because of which, in their opinion, anarchy emerges – instead of constitutional order. This statement seems quite controversial, considering that in the described case of ignoring the principle of separation of powers by state officials, one should not talk about the normative nature of this principle and its real existence, but only about the declarative reference to it in the text of the Constitution. The statement regarding the need to balance the branches of government (in essence, balancing the influence of one part of government on another) by means of the so-called system of “checks and balances” as “one of the main legal instruments of ensuring the separation of powers” is also considered questionable – since the separation of state power into three or more parts is not possible without its initial unity.

The purpose of this study is to deepen the understanding of the traditional approach to the doctrine of the separation of state powers, as well as features of the formation of the constitutional system of modern Ukraine in the context of clarifying possibilities for its improvement. In the course of the development of the Ukrainian state, contradictions arise, the removal of which requires presence of integrating elements of the constitutional system – the right of public property and the will of the people in various forms of direct democracy. The formation and implementation of a unified state policy should be the basis of the unity of power, which is being ensured by the appropriate system of public power. On the other hand, the lack of unified approach during conduct of state policy is caused, among other things, by an imperfect model of the organization of public power, non-optimal separation of powers and lack of proper interaction between the structures of the state mechanism at higher levels of power and at the local level with local selfgovernment. The principle of separation of powers should be seen as the organizational principle of the exercise of unified state power in the context of specialization of public administration functions, and this exact concept that should be the basis for the implementation of state legal reforms in Ukraine.

Bibliography

Authored books

1. Yushchyk O, Pravova reforma: zahalne poniattia, problemy zdiisnennia v Ukraini (Instytut zakonodavstva Verkhovnoi Rady Ukrainy 1997) (in Ukrainian).

Edited books

2. Kolisnyk V, ‘Sutnist konstytutsionalizmu, konstytutsiina doktryna ta holovni doktrynalni pidkhody do vyznachennia konstytutsiinoho ladu’ v Bytiak Yu (red), Pravova doktryna Ukrainy, t 2: Publichno-pravova doktryna Ukrainy (Pravo 2013) (in Ukrainian).

Encyclopedias

3. Dmytriiev A, ‘Pryntsyp priorytetu i priamoi dii mizhnarodnoho prava’ v Shemshuchenko Yu (red), Yurydychna entsyklopediia, t 5: P–S (Ukr entsykl 2003) (in Ukrainian).

4. Lysenkov S, ‘Podil vlady’ v Shemshuchenko Yu (red), Yurydychna entsyklopediia, t 4: N–P (Ukr entsykl 2003) (in Ukrainian).

Dictionaries

5. Dubichynskiy V (red), Suchasnyi tlumachnyi slovnyk ukrainskoi movy: 65000 sliv (VD Shkola 2006) (in Ukrainian).

6. Hrytsanov A (red), Novejshij filosofskij slovar (VM Skakun 1998) (in Russian).

Theses

7. Tepliuk M, ‘Konstytutsiino-pravovi problemy orhanizatsii publichnoi vlady v Ukraini’ (avtoref dys kand yuryd nauk, 2008) (in Ukrainian).