THE CABINET OF MINISTERS OF UKRAINE AS A SUBJECT OF PREVIOUS CONSTITUTIONAL CONTROL
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to the issue of legal protection of the Constitution of Ukraine by the highest body of state executive power in Ukraine, the Cabinet of Ministers of Ukraine. It has been found the reasons and peculiarities of implementation of the constitutional control by the Cabinet of Ministers of Ukraine and made an attempt to systematize their legislative basis. It has been established that the example of the previous constitutional control of the government is the authority in the field of normative project work. It has been determined that the government’s responsibility at the stage of drafting the law is to examine its compliance with the provisions of the Constitution of Ukraine, especially in the area of observance of human and civil rights and freedoms.It has been proved that the qualitative normative design work of members of the government, the Secretariat of the Cabinet of Ministers of Ukraine and the implementation of measures for the examination of projects as acts of government or other executive authorities, as well as bills on the subject of compliance with the Constitution of Ukraine will provide the basis for building a high-quality legal system of Ukraine, because the relevant acts in accordance with the Basic Law will not require additional measures for their verification within the limits of the next constitutional control. The emphasis has been placed on the absence of a normative act regulating the activity of the permanent representative of the Cabinet of Ministers of Ukraine in the Constitutional Court of Ukraine, which confirms the insufficient attention of the government to its responsibilities in the field of preliminary constitutional control. It has been argued that the observance of the rule of law principle demands that the Cabinet of Ministers of Ukraine, as a body of state power and as a supreme executive body in Ukraine, implement in the normative and law-enforcement work of measures aimed at the practical adoption of ideas of social justice, freedom, equality, etc. The effective implementation by the Cabinet of Ministers of Ukraine of measures for the preliminary constitutional review is a guarantee of stability andpredictability of legislation, rule of law and constitution, an effective legal system aimed at observance, guaranteeing and protecting human and civil rights and freedoms.
Authors and Affiliations
Я. І. Грабчук
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