THEORETICAL, LEGAL AND PRACTICAL FOUNDATIONS OF THE PUBLIC CONTROL OVER THE EXERCISE OF THE STATE POWER IN UKRAINE

Abstract

The scientific article is devoted to the study of the theoretical, legal and practical foundations of the public control over the exercise of the state power in Ukraine. The modern scientific developments of the interaction of the civil society institutions with the state authorities of Ukraine have been revealed. The legal forms of interaction of the civil society institutions with the state authorities in Ukraine have been identified and disclosed. The participation of the civil society institutions in the legislative-making activity of the state, which is ensured participation in the development and discussion of the draft normative legal acts, is outlined. Consultation with the public should also facilitate the establishment of a systematic dialogue between the executive authorities and the public, improve the quality of preparation and decision-making on important issues of the state and public life, taking into account the public opinion, and create conditions for the citizens to participate in the drafting of such decisions. The place of the civil society in the law enforcement activity of the state is determined, which is ensured by full or partial transfer of the powers of the state bodies to the civil society institutions and public control. The public organizations are also involved in the provision of the administrative and social services on the basis of the powers conferred on them by the law or regulation of the executive authority. A special place is given to the issue of exercising the public control over the activity of the public authorities in the form of public monitoring of the preparation and implementation of the decisions, examination of their effectiveness, submission of expert proposals to the public authorities, the establishment of joint advisory and expert bodies, councils, commissions, groups to ensure the accountability of the public opinions in the formulation and implementation of the public policy. Both legislation and practical aspects of the implementation of the laws have been elaborated, which have expanded the subject, content and limits of the public control over the activities of the state and its bodies. It is determined that an understanding of their equality and responsibility in the management of the public and state affairs should become a compulsory basis for effective cooperation and a condition for effective interaction between the state and the civil society. It is proposed to adopt a law “On Public Associations in Ukraine”, which would set out the basic principles for the creation and functioning of the associations of the citizens, which aim at the exercise by the citizens of Ukraine of their constitutional rights and freedoms in exercising the public control over the activity of the public authorities.