До визначення поняття організаційних форм діяльності Кабінету Міністрів України
Journal Title: Державне будівництво та місцеве самоврядування - Year 2018, Vol 1, Issue 35
Abstract
The notion of the Cabinet of Ministers of Ukraine forms of activity, their types are analyzed in the article. Particular attention is paid to the analysis of existing scientific approaches to the definition of the notion and the system of organizational forms of government activities. The author's definition of the Cabinet of Ministers of Ukraine organizational forms of activity is produced and its content is disclosed. The research validity of the Cabinet of Ministers of Ukraine organizational forms of activity is caused by the necessity to overcome the existing conflict between the need to optimize the system of government activity forms and the lack of proper theoretical and methodological and applied science ground. Before moving to the review the Cabinet of Ministers of Ukraine organizational forms of activity the author conducts an analysis of the existing scientific approaches to the determination the forms of activity of public authorities in general. In particular, in theory of law the forms of the state power execution are understood as an external practical expression of activity in the realization of state functions in specific conditions. In administrative law the forms of management activity are defined as an external expression of concrete actions carried out by the executive authorities for the realization of the objectives assigned to them. In science of state construction and local self-government, under the form of activity of public authorities is understood the external expression of similar actions, operations, procedures performed by public authorities, their structural units and officials for the implementation of their functions and competences. The forms of activity of the Cabinet of Ministers of Ukraine are characterized by the author as certain similar types of actions of the Cabinet of Ministers of Ukraine, its structural subdivisions and officials, carried out in certain, provided by the legislation, organizational framework in order to realize their own competence. Scientific approaches to the classification of the forms of activity system are given and analyzed in the article. Thus, the author researches such classification groups as legal and illegal forms of activity; legal, organizational and material and technical forms; organizational and managerial and legal forms. Regarding the latter group, the author stresses that there should be marked out certain range of organizational measures carried out by the Cabinet of Ministers of Ukraine that are regulated by law and within which the competence of the government is implemented. Along with them there is a considerable group of those organizational forms that are not regulated by norms, but were developed and improved in the process of gradual accumulation in the course of the day-to-day activities of the government. Such forms give the government the opportunity to use various means and methods in organizational activities selectively, even creatively. It is proposed to determine the organizational forms of activity of the Cabinet of Ministers of Ukraine as a complex of similar actions and procedures, which are carried out by the Cabinet of Ministers of Ukraine as a collegiate body and its structural units, officials, which are either regulated or developed by practice aimed at the implementation of governmental competence and do not cause immediate legal consequences. It was emphasized that organizational forms of activities are systematically carried out and aimed at ensuring clarity and efficiency of governmental activity. They are not related to the publication of legal acts and the implementation of legally significant actions. The organizational forms of activity have an managerial and apparatus importance, but in general they are aimed at satisfying public interest.
Authors and Affiliations
V. V. Pidonenko
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