Constitutional Principles of the Organization of the Government: Theoretical Aspects
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
In article specifics of functioning and development of civil society with system of the government are investigated. Speaking about interaction of civil society and the State, it is not about some abstract state education, but about quite specific state in which lines and signs of the democratic, constitutional and social state are inherent. In this sense, development of civil society demands reforming of all system of the government, and also specific state mechanisms, for the purpose of increase of efficiency of its functioning and reduction in compliance with requirements of the present. Basic Elements of the constitutional system allow us to define these or those systems of the organization of the government as democratic, and their functioning as it which is performed by rules of “democratic action” that in turn develops in space of interaction with civil society. Subordination of the power of the law is considered the main sign of the constitutional state which defines the condition of the government. The government is characterized by internal separation of functions between its parts, but it works as the uniform mechanism. The specified systemacity of the government in Ukraine is shown, first of all, that all bodies of this system work jointly and are in the relations of interrelation, interaction and interdependence. Within this system one bodies of uniform system are chosen or appointed by other bodies, one direct others, one accountable, under control and responsible before others and so forth. That is the principle of systemacity of the government provides no other than availability of organizational and legal unity of this power. In article the author points to availability of a number of the defining constitutional legal principles characterizing the organization and activity of system of the democratic government in the conditions of introduction to practice state and social and political life of the concept of the constitutional state. At the same time it is important to note that the specified principles are significant both for separate branches of the government, and for system of the government in general that allows to remove the element of opposition between separate functions in sales process of the government. At the same time, each of the specified constitutional principles needs the further scientific development. In the context of modern Ukrainian state processes it especially concerns questions of systemacity of functioning of the government, ensuring the principles of control, differentiation of functions and powers. All this will promote not only to process of modernization of the Constitution of Ukraine, but also will allow to provide stability of the constitutional process, to create in Ukraine actually democratic and effective system state of the power.
Authors and Affiliations
Valentina Skrypniuk
Keywords
Related Articles
- EP ID EP432483
- DOI -
- Views 100
- Downloads 0
Comparative philosophy of law: the problem of conceptualization
The end of XX – beginning of XXI century characterized by the development of compara- tive research undertaken within the various social sciences and humanities. Methodological comparative approaches and relevant subject...
Bar as a guarantee of the right to receive properly qualified legal assistance
The legal profession is considered as a guarantee of the right to receive properly qualified legal assistance. It is emphasized that the Bar is a professional association of advocates and it is not a part of public autho...
Peaceful settlement of international disputes
Peaceful settlement of international disputes
Activity of National police of Ukraine: transparency and accountability to society
An article is dedicated to researching the Law of Ukraine “On National Police”, which implements some new instruments of monitoring of police activities and provides for its transparency and accountability. An author ana...
Documentary heritage of the State Center for Ukrainian People’s Republic in exile as a memorial of legal thought
The article is devoted to the study of the documentary heritage of the SC UPR in the exile as a monument of legal thought. An attempt was made to consider the main areas of political and legal thought of public figures a...