The article analyzes the concept of “parliamentarism”, defines its characteristic features in modern legal science, and establishes its components based on the norms of the current legislation of Ukraine. This makes it possible not only to understand the essence and depth of parliamentarism as a category of the theory of state and law, and especially constitutional law, but also the basic system-forming concept of the system of organization of state power in Ukraine as a whole.

The purpose of the article is to highlight the features, characteristic features of parliamentarism as a system of organization of state power, a mode of exercise of state power and a certain system of organization and functioning of supreme state power, interaction between the state and society, state management of society and forms of limitation of state power.

It was determined that the characteristic features of parliamentarism can be called the presence of a parliament, a representative body, which occupies a priority position among other state bodies, performs the protection of human and citizen rights and freedoms, and the legislative function, other exclusive functions that belong only to the parliament; the presence of a clear distribution of power with legislative priority and a clear limitation of usurpation of power, especially by the executive power, with the aim of limiting it, in fact the control of the parliament over the executive power in this sense; limitation of state power, prevention of its usurpation; an agreement with society, a means of establishing a dialogue through the presence of an effective parliament capable of really performing the set legislative and parliamentary control functions in the system of state power; implementation of citizens’ interests through the adoption of legislation that reflects the real needs of society; implementation of the function of protecting the rights and freedoms of a person and a citizen through the effective exercise of the Ombudsman’s powers.

In addition, it was concluded that it is appropriate to recognize 2 forms as components of parliamentarism, namely direct and indirect, without which it is actually impossible to speak at all about the presence and even the appearance of signs of parliamentarism in the organization of state power. Such forms as people’s power, the constituent power of the people, the sovereignty of the power of the people can be recognized as mediated in this way; the mechanism of implementation of people’s power; elections as a form of implementation of representative power; and direct ones, which make up the content of parliamentarism, are state power; usurpation, limitation of state power; parliament and its activity in the system of parliamentarism, constitutional and legal responsibility as a guarantee of parliamentarism.

Bibliography

Authored books

1. Dudash T, Praktyka Yevropeiskoho sudu z prav liudyny: navchalnyi posibnyk (Alerta 2018) (in Ukrainian).

2. Kovaliv M, Havryltsiv M, Blikhar M, Konstytutsiine pravo Ukrainy: navchalnyi posibnyk (Liha-pres 2014) (in Ukrainian).

3. Maksakova R, Konstytutsiino-pravovi problemy orhanizatsii ta realizatsii ustanovchoi vlady v Ukraini (Klasychnyi pryvatnyi universytet 2012) (in Ukrainian).

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5. Topolevskyi R, Fedina N, Teoriia derzhavy i prava: navchalnyi posibnyk (LvDUVS 2020) (in Ukrainian).

Edited and translated books

6. Teoriia derzhavy ta prava: navchalnyi posibnyk (Husariev S, Tykhomyrov O red, Osvita Ukrainy 2017) (in Ukrainian).

7. Teoriia ta praktyka zastosuvannia Konventsii pro zakhyst prav liudyny i osnovopolozhnykh svobod: kompendium (Serdiuk O, Yakoviuk I red, Pravo 2017) (in Ukrainian).

8. Yevropeiskyi demokratychnyi dorobok u haluzi vyborchoho prava: Materialy Venetsianskoi Komisii, Parlamentskoi Asamblei, Komitetu Ministriv, Konhresu mistsevykh i rehionalnykh vlad Rady Yevropy (per z anhl Kliuchkovskyi Yu red, vyd 2-he, vypr i dopovn, 2009) (in Ukrainian).

Journal articles

9. Goshovska V, Danylenko L, Dudko I, Makarenko L, Maksimentseva N, ‘Formation of political leaders in countries of democratic transit: experience for Ukraine’ (2021) 1–2 Laplage em Revista 384 (in English).

10. Barabash Yu, ‘Ustanovcha vlada narodu yak konstytutsiinyi fenomen’ (2009) 11 Pravo Ukrainy 79 (in Ukrainian).

11. Skrypniuk O, ‘Teoretychni pidkhody do rozghliadu poniattia “narodnyi suverenitet”’ (2015) 56 Aktualni problemy polityky 84 (in Ukrainian).