SEPARATION OF POWERS IN UKRAINE: CHALLENGES AND SOLUTIONS FROM THE ADMINISTRATIVE LAW PERSPECTIVE
Journal Title: Адміністративне право і процес - Year 2018, Vol 4, Issue
Abstract
Separation of powers has been considered as one of the main pillars of any democratic state. There are different schools of thought regarding the content and the role of the separation of powers for the democratic government, from the “pure” traditional theory of the strict separation of powers to the flexible modern approach. In Ukraine, the principle of separation of powers is stipulated by the Constitution of Ukraine. Some professionals believe that only bodies of legislative, executive and judicial power can be established in Ukraine, whilst others argue the existence of independent bodies that do not belong to any branch of power. This paper aims to explore the challenges for the implementation of the principle of separation of powers in Ukraine in relation to the system of public administration and to outline the possible solutions for the enhancement of the legal status of the public administration entities. Methods. The goal of the paper has been met due to use of modern methods of legal research, in particular, the method of logical analysis, system-structural, and structure-functional methods. Results. It is suggested to distinct a branch of power and a branch of government, as functional and institutional elements of the principle of the separation of powers. Conclusions. It is concluded that there are public authorities that formally do not belong to any branch of power, in particular, National Bank of Ukraine, national regulatory commissions, Central Election Commission, State Security Service, National Anticorruption Bureau of Ukraine. Despite the recent changes to the Constitution of Ukraine, the issue regarding the place in the system of public authorities of the public prosecutor’s office needs to be addressed. It is concluded that the National agency for quality assurance in higher education does not have a status of a public authority, despite the executing some functions of a body of executive power. With regards to the national regulatory commissions and National anticorruption bureau of Ukraine it is necessary to amend the Constitution of Ukraine with the provisions regarding such authorities, in particular, with the powers of the President of Ukraine and the Verkhovna Rada of Ukraine in relation to these authorities.
Authors and Affiliations
Yuliya Vashchenko
Keywords
Related Articles
- EP ID EP668706
- DOI -
- Views 81
- Downloads 0
Problems of the perception of the category of «State Affairs Management»
This article is devoted to clarifying the essence of the category of «state affairs man- agement». Based on the analysis of scientific sources the author has distinguished two basic concepts of the perception of the not...
Introduction of e-democracy in Ukraine
The article is devoted to the aspects of electronic democracy and its elements. The word democracy is one of the most used terms of the political vocabulary, therefore, e-democracy has no lack of attention from the side...
ADMINISTRATIVE PROCEEDING RELATIONS IN THE SUBJECT OF ADMINISTRATIVE LAW
Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose autho...
TO THE QUESTION OF THE TAX AUTHORITY’S DISCRETION REGARDING THE RIGHT TO CHOOSE THE FORM OF APPEAL TO A COURT
The article analyzes the rules of material and procedural law regulating the right of the tax authority to apply to the court. The author analyzes, in particular, Article 20 of the Tax Code of Ukraine, which as a materia...
Learning and teaching encouragement of training and advance training of legal personnel for the independent regulatory authorities
The article explores issues of learning and teaching encouragement of training and ad- vance training of legal personnel for the independent regulatory authorities. At the present moment there is a group of independent...