THE CONSTITUTIONAL ESSENCE OF PUBLIC CONTROL AS A FORM OF INTERACTION BETWEEN PUBLIC POWER AND INSTITUTIONS OF CIVIL SOCIETY

Abstract

Abstract. The Constitution of Ukraine, like the vast majority of constitutions of democratic states, established the basic principles on which the interaction between the authorities and civil society is built and freedom of action of citizens and their associations is ensured in the process of such interaction, which in general allows us to talk about the existence of public administration in the Ukrainian system the necessary regulatory foundation for the institutionalization of the public control mechanism. Taking into account the lack of a textual formulation of the concept of public control in the Constitution of Ukraine, it should be concluded that public control in itself is determined by the presence of constitutional norms that establish social relations related to the formation, aggregation and accumulation of public interests and their external expression in the process of state interaction and citizens. However, it should be noted that the list of constitutional norms, which can be considered the basis of the existence of public control and those that contribute to the formation of public interests, is not limited to the enumeration of basic rights and freedoms, but also includes the presence of so-called normsprinciples, which in the most general form establish the foundation for the development of relations in the specified area. Based on the above, the constitutional essence of public control is determined by such elements of the constitutional law system as the foundations of the constitutional system and the basic rights and freedoms of a person and a citizen. The purpose of the article. The purpose of the research conducted in the presented article is to clarify the constitutional essence of public control as a form of interaction between public power and institutions of civil society. Methodology. A state that builds a system of internal governance based on the power of the people and the concept of popular sovereignty excludes the possibility of usurpation and absolutization of state power, the emergence of monocentric power relations, which in turn implies public decision-making and actions based on taking into account the interests and opinions of society. In this context, it is very logical to differentiate in the science of public power management into state power, local self-government and public control, which are balanced in terms of tasks, direction of action and complement each other in the public management system. Scientific novelty. The constitutional essence of public control as a form of interaction between public power and institutions of civil society has been specified, which defines it by the following features: as the main function performed by institutions of people’s power in order to ensure openness, democracy and independence of the activities of state authorities; implementation not only by the activity of public authorities, but also by the procedure of their formation, in particular by the course of the election process; applying both directly to public authorities themselves and to their officials. Conclusions. The conducted analysis allows us to draw several conclusions. First, public control is the main function performed by the institutions of people’s power in order to ensure the openness, democracy and independence of the activities of state authorities. The Constitution of Ukraine grants citizens of Ukraine the right to participate in the administration of justice, it refers to citizens precisely as persons who do not take professional participation in the administration of justice, in the activities of the judiciary; such participation is designed to promote confidence in the judiciary, it is one of the recognized forms of public control over the administration of justice through juries. Secondly, public control can be exercised not only over the activities of public authorities, but also over the procedure of their formation, in particular over the course of the election process. Thus, public associations have the right to exercise public control over the organization and conduct of elections, send their representatives as observers, and provide support to political parties participating in elections, their regional branches and candidates nominated by them in permissible forms, in accordance with the procedure provided for by the election legislation. Thirdly, public control can directly affect public authorities themselves, as well as their officials. The state is called upon to create the most favorable conditions for public control over the activities of public authorities and their officials, to ensure the openness of their activities, to provide citizens with complete and reliable information about the process and results of the performance of the functions assigned to them. Therefore, freedom of speech is not only a state-guaranteed opportunity to freely express one’s opinions on various issues with the help of the spoken or printed word, but also a condition for the effectiveness of public control over the actions of public authorities on issues of great social importance, affecting the problems of socio-economic development , improving the work of the state apparatus, fighting crime, corruption, etc. From the above, it should be concluded that public control is one of the most important public-legal forms of implementation of the constitutional principle of people’s rule. The norms of the Constitution of Ukraine directly reflect and argue for the constitutional and legal nature of public control, due to the processes of constitutionalization of social relations related to the interaction of public authorities and civil society, as well as legal institutionalization of the main forms of this kind.