Marchenko V. The Constitutional Law Status of the Government in the Countries of EU (on the example of France, German Federal Republic, Spain).

The dissertation is devoted to the analysis of the constitutional law regulation of the government's activity of France, Germany and Spain. The essence and peculiarities of executive power and government is researched. The procedure of forming and the structure of higher state bodies of executive power of France, Germany and Spain and the peculiarities of their functioning are researched. The role of governments in the system of higher state bodies of executive power is defined. The peculiarities of interaction of the government with the head of the state and the Parliament are researched. Particular attention is paid to the questions of parliamentary control and responsibility of governments. On the basis of experience generalization of the constitutional building of France, Germany and Spain the principal conditions of government functioning are defined as follows: a) the head of the state participating in the process of candidatures nomination for the post of the Chairman of the Government and transparency of this process; b) the adoption of Government membership by the head of the state; c) the presence of alternative mechanism of forming the government of minority proceeding from the presumption of confidence; d) the presence of exact time limits of adoption the Program of government activity; e) possibility of cessation the government proxy by the Parliament expressing the vote of no confidence; f) transparent and effective procedure of control over the government activity; g) strictly defined foundations of government members responsibility; h) fixed in law delimitation of power between the government and the other state bodies of local government. Taking into account the following conditions the imperfections in law regulation of the Cabinet of Ministers of Ukraine status are defined and the changes in the legislative regulation of its activity are suggested.