Constitutional and legal position of the Cabinet of Ministers of Ukraine: problems of theory and practice based on Polish systemic practice
Journal Title: Право та державне управління - Year 2018, Vol 1, Issue 3
Abstract
In Ukraine, like in the Republic of Poland, there is a continental model of government. The Cabinet of Ministers of Ukraine is a basic segment of the executive branch, being at the same time the highest authority in the system of state authorities. The main task of the government is to keep the state policy and implementation of the law in the socio-economic, budgetary, financial and other activities of the state up to date and to ensure effective operation of public administration. The constitutional and legal position of the Cabinet of Ministers of Ukraine should be examined on the basis of such criteria as the place of this body in the system of state authorities from the point of view of the theory of division of powers. Thus, the analysis of the constitutional and legal position of the Cabinet of Ministers of Ukraine in the light of theory and practice in Polish constitutional experience indicates periodic fluctuations depending on the changing political solutions (presidential-parliamentary and parliamentary-presidential republic over the last 25 years). The general tendency in the systemic practice of Ukraine is the domination of the head of state towards the executive, regardless of the constitutional regulation of this matter. In turn, the Polish systemic practice (as in most European republics) indicates the growing importance of the Prime Minister’s Prime Minister, who manages the party and activities of state administration, and in many areas has an advantage over the head of state through current state policy (all matters) not reserved for others state bodies.
Authors and Affiliations
А. Стець
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