Yermolin V. Constitutional Fundamentals of the Executive Power in Ukraine (theoretical and practical problems).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U001028

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

28-03-2003

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis provides the analysis of substance of constitutional fundamentals of the executive power in Ukraine. The thesis establishes that the interrelationship of legislative and executive powers depends first and foremost on the accepted form of public administration. The author points out that certain theoretical concepts, in particular the concept of the "pro-presidential" power do not favour in overcoming the difficulties which arise during the implementation of the idea of "division of powers". The author explains the meaning of public administration, which is important for determining the notion and essence of the executive power. Even though there is no notion of "public administration" in the Constitution of Ukraine, as stated, it is necessary to accept positively its usage in legal acts. The dissertation investigates the historical and legal aspects of the development of the constitutional fundamentals of the executive power in Ukraine and their contemporary evolution. It is stressed that the Fundamental Law foresees the so-called "dualism" of the executive power.

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