INFORMATION AND LEGAL STATUS OF EXECUTIVE BODIES OF UKRAINE AS A COLLECTIVE LEGAL ENTITY OF INFORMATION LAW
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
The article is devoted to the coverage of one of the urgent problems of information law in analyzing doctrinal approaches to the definition of “executive body”, “information and legal status” and clarifying the nature, characteristics and structure of information and legal status of executive power of Ukraine. The author realized that the executive bodies of Ukraine are part of a more general concept of “state administrative bodies” which also includes administrations (governing bodies) of state enterprises, companies, institutions and other organizations of state ownership. The attention is paid to the fact that the information society develops informational function of executive bodies and transforms it into an independent feature that interacts with managerial and public service functions of these bodies. It is emphasized that the functions of the state and its bodies are not “frozen phenomena”: they may change, new functions may appear. Thus, the emergence of a new independent information function may require not only adjusting the existing bodies (executive bodies, in particular) but also the formation of new bodies in the system of executive power of Ukraine. It is proved that the implementation of information function determines the existence of information and legal status of these bodies. It was found that the position of D.N. Bakhrakh as far as the definition of the legal status structure is concerned contributes to the investigation of the content of the legal status of these bodies as entities of law (including information). Basing on the special role of the competency unit in the structure of the legal status, the theories of competence were investigated and it was found that this unit differentiates the legal status of public law entities (including executive bodies) from the legal status of private law entities. This conclusion also extends to the information and legal status. The author analyzed existing scientific points of view on the concept “competence” and its structures. The relationship between the concepts of “competence” and “sphere of competence” was found, as well as interpretation of the concept of “information competence”. It should be noted that in the course of a body’s activity its sphere of competence may vary, either expand or contract. However, requirements concerning the subject of jurisdiction are not a sufficient basis for the administration of authority by an executive body. To do so, they need specific enabling regulations arising out of competence. The author suggested a narrow interpretation of information competence. It is a system of information and legal authority of the executive bodies
Authors and Affiliations
М. Ю. , Кузнєцова
Keywords
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