On the question of monitoring the activities of executive bodies in the modern conditions
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The article deals with the problems of the implementation of the state and civic control over the activity of executive bodies in the conditions of political and socio-economic transformation of society and the state and the adequate administrative and legal support of such controls. The attention is paid to the various forms and methods of the control and their relationship and complementarities. The control and supervision have different purposes and contents and the authorities that implement it have different powers regarding to the various entities whose activities are controlled. Thus, during the implementation of control of entities activity is evaluated in terms of legality, the authority may interfere in the operational and commercial activities. During the supervision process they assessment in terms of its legitimacy. The authority can not apply penalties for violations of the law or interfere in operational and commercial activities. During the supervision process they have not relationship of subordination between the entities. The supervision is exercised by state authorities, while the control can be carried out by state bodies and citizens (civic control). The types of controls are considered depending on the control subjects, object, scope, methods etc. So, depending on the institutional tools to ensure accountability of the executive power comes to parliamentary, judicial control. If these types of control are seen as external to the executive power, then they carried out by the state and society over the activities of government agencies. The internal control, which plays an important role, implement by the executive branch itself. The internal and external control over the executive authorities covers the advisable of activities and other aspects, e.g. forms and methods of activity which are more suitable. The supervision is mainly aimed at the compliance with the law provisions. The article pays attention to the necessity of interaction of control’s state bodies and nongovernmental organization aimed at the creation the conditions for the proper implementation by the executive tasks. The civic control becomes widely spread and has certain advantages over the state control. These include organizational and functional independence of this control from the state. The civic control is a tool of the evaluation of the activities of executive authorities, the transparency and public awareness of the proper discharge of their responsibilities. The problems of the state and civic control have always been an important area of the research. In terms of new political, economic and social realities in Ukraine we have to pay special attention to the theoretical grounds of the state and civic control, determination of the nature and system of powers of control’s bodies, the use of modern forms of coordination for improvement and efficiency of executive bodies. The article is also considered the way of improving the administrative and legal support the control over the activities of the executive power.
Authors and Affiliations
Olha Andriiko
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