ACTS OF CABINET OF MINISTERS OF UKRAINE IN THE SYSTEM OF SOURCES OF UKRAINE’S ADMINISTRATIVE LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the study of acts of the Cabinet of Ministers of Ukraine in the system of sources of administrative law. The acts of the government are analyzed, their main features are highlighted and the criterion for their classification is proposed. The Cabinet of Ministers of Ukraine shall, within the limits of its competence, issue directives and resolutions mandatory for execution. Directives of the Cabinet of Ministers of Ukraine are normative acts, which are obligatory for all subjects of all within Ukraine. Some examples of resolutions are provided which may be regarded as normative acts and therefore should be considered as sources of administrative law. Among all directives of the government of Ukraine we should enumerate two main types of them: acts which provide domestic regulation of different types of social relationships and acts which enforce intergovernmental treaties. It is argued that resolutions should not be considered as sources of administrative law as they generally do not consist obligatory legal norms, but regulate organization issues and they are applied to certain persons. In the article it is provided some examples of judicial decisions where courts have different problems of application of acts of the Cabinet of Ministers of Ukraine. It is concluded that legal acts of the Cabinet of Ministers of Ukraine should be subject to official registration. Although this isn’t conducted due to the absence of special law which according to the Ukraine’s Constitution shall provide legal norms concerning registration of normative acts of the Cabinet of Ministers of Ukraine.
Authors and Affiliations
В. В. Решота
Keywords
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