CONSTITUTIONAL AND LEGAL REGULATION OF PUBLIC CONTROL OF THE EXECUTIVE POWER: PROBLEMS AND PROSPECTS

Abstract

The article considers the problem of standardization of public control over executive bodies of state authority. It is deemed that applicable legislation is replete with a large number of by-laws, that regulate separate issues of public control. The article stressed the need for adoption the law «On Public Control». It should be based on fullest understanding of public control as a legally significant activity carried out in a certain, normatively defined manner. Executive bodies must be binding by the results of such activity. It is determined that the purpose of public control of executive bodies is to ensure the legality of the functioning of executive bodies, prevention of possible deviations from public interests elimination of their negative consequences in case it’s necessary. It is proposed at the legislative level not only list the measures of public control, but also regulate the procedure for their implementation, including timing and regularity, as well as professional requirements for persons carrying out certain control measures, including examinations and analytical studies, if necessary. to make certain management decisions. The following structural elements are singled out in prospective Law of Ukraine “On Public Control”: general provisions that will include the definition of terms, principles and tasks of public control, subjects of public control; rights and responsibilities of subjects of public control and executive bodies; mandatory public control, which will determine the issues to be subject to such control, the procedure for its organization and conduct, for which the authorized body of executive power will be responsible; the procedure for conducting various public control measures; responsibility of both public control entities and executive bodies.