Administrative and legal principles of organization and activity of the Cabinet of Ministers of Ukraine

Students Name: Mytnyk Alina Oleksandrivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Mytnyk A.О., Gulak L.S. (supervisor). Administrative and legal principles of organization and activity of the Cabinet of Ministers Of Ukraine. Master’s thesis. - Lviv Polytechnic National University, Lviv, 2020. Extended abstract. The research of actual issues within the science of administrative law, related to: theoretical and legal characteristics of administrative and legal principles of organization and activity of the Cabinet of Ministers of Ukraine, their content and the ways of improvement in the conditions of development of the Ukrainian state is carried out in this master’s work. Administrative and legal principles of organization and activity of the Cabinet of Ministers of Ukraine are the set of basic methodological characteristics and principles of regulation of public relations in the field of executive power, that are established by the rules of administrative law and provide categorical, normative-legal and organizational-administrative basis Being the highest executive body, the Cabinet of Ministers of Ukraine is а head of the united system of executive power; provides the exercise of functions and powers of the executive power on the territory of Ukraine in accordance with the Constitution [1]. The legal basis of its activities is an extensive system of regulations, the main roles among which are played by the Constitution of Ukraine and the Law of Ukraine «On the Cabinet of Ministers of Ukraine». The Cabinet of Ministers of Ukraine consists of the Prime Minister of Ukraine, First Deputy Prime Minister, Deputy Prime Ministers and ministers. The Prime Minister of Ukraine is appointed by the parliament on a proposal of the President of Ukraine. The legislation of Ukraine provides two stages in the formation of the government, which are: the appointment to the post of the Prime Minister and appointment of the other members. The objectives of the Government are defined in the Constitution of Ukraine and the Law of Ukraine «On the Cabinet of Ministers of Ukraine». Its activities are based on the principles of the Rule of Law, legality, separation of state powers, continuity, collegiality, joint liability, openness and transparency [2]. Forms of the Government’s activities are divided into legal and organizational. Legal forms include rule-making, law enforcement, constituent, control and interpretive. The main organizational form of work is a meeting [3]. The Cabinet of Ministers of Ukraine uses the following methods of organizational nature: coordination, planning, forecasting, informational support, organization of execution and control for the implementation of its decisions, work with staff in the process of its functioning, In the context of Ukraine’s European integration aspirations, the introduction of European norms and standards of state information policy implementation, including e-government it is a matter of special importance [4]. The administrative reform implementation is one of the ways of improvement of the organization and activities of the Government [5], for the purpose of building an effective model of governance at the national, regional and local levels. Study object - administrative and legal relations associated with the process of organization and activities of the Cabinet of Ministers of Ukraine. Scope of research - administrative and legal principles of organization and activities of the Cabinet of Ministers of Ukraine. Goal of research - is to determine the administrative and legal principles of organization and activities of the Government and to form the scientifically sound conclusions and proposals on the basis of the conducted comprehensive study. Briefly put research results. The concept of administrative and legal principles of organization and activities of the Cabinet of Ministers of Ukraine has been improved. The constitutional models of the organization of the state power that used to determine the place of the Government in the system of the higher bodies of state power and had been tested during the independence of Ukraine have been analyzed. The shortcomings of the sphere of executive branch, that are traced in all models have been identified. The directions for improvement of the current parliamentary-presidential model of state power organization have been characterized. The place of the Government in the system of higher state bodies on the basis of the peculiarities of its administrative and legal status has been described. The analysis of the regulatory framework has been carried out. Problematic issues of the basic law have been identified. The stages of formation of the Government, problematic issues of the specified process have been defined and the ways to solve them have been suggested. The principles of the activities of the Government have been described and have been proposed to consolidate some of them on constitutional level. Tasks, forms and methods of the Government activities have been analyzed and the directions of their improvement have been indicated. Models of government formation in foreign countries have been analyzed and possible elements of borrowing for the domestic model of formation of the Cabinet of Ministers of Ukraine have been identified. The essence, principles and directions of electronic governance implementation have been determined. The problems of the implementation and their solution ways have been described. The need for the final stage of the administrative reform has been indicated. Key words: legal principles, administrative and legal principles, Cabinet of Ministers of Ukraine, e-government, administrative reform. References. 1. Samborska I.M. Evolution of the constitutional and legal status of the Cabinets of Ministers of Ukraine. / Democracy in Eastern Europe constitutional-legal dimension. X. Human rights.2011. pp. 167-168. 2. Baranchik P.A. Principles of activities of executive bodies, their officials: the question of defining definitions and the place of certain principles in the system of principles. Bulletin of Zaporizhia National University. Legal science. 2012. № 1 (II), pp. 100-108 3. Osaulenko S.V. Administrative and legal status of the Cabinet of Ministers of Ukraine: auto ref. dis. legal science cand.: 12.00.07. O., 2010. 19 p. 4. Barikova A.A. E-state: a new efficiency of government. K.: Jurinkom Inter, 2016. 135 p. 5. Koliushko I.B. Executive power and problems of administrative reform in Ukraine: monograph. K.: Fakt, 2002. 260 p.