Kravtsova Z. Constitutional and legal principles of organization and exercise of state power in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101420

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

23-09-2020

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The theoretical and methodological, historical and comparative foundations of state power are revealed. Based on the generalization and systematization of the study of the constitutional foundations of the organization and implementation of state power in Ukraine in the context of the world experience of the state, eight main stages of development of sacred religious, philosophical, scientific and constitutional-legal thought on the issue under study are identified. The constitutional model of the organization of state power and its formation is investigated, the territorial basis and principles of ensuring state power in Ukraine are established. The constitutional legal mechanism for the exercise of state power in Ukraine is disclosed. It is determined that the mechanism for exercising state power in Ukraine is an integrated, orderly system of interconnected bodies of state power of Ukraine, their officials and officials endowed with state-power authority in order to effectively achieve the tasks and fulfill the functions of the state and, in addition to the above elements, also includes such structural components: a) political infrastructure; b) economic infrastructure; c) spiritual and ideological infrastructure; d) socio-demographic infrastructure; d) legal infrastructure; e) the infrastructure for ensuring national security and defense. The author's definition of the forms and methods of exercising state power is formulated, the content of constitutional principles for the exercise of state power in Ukraine is established. The expediency of dividing the principles of organization and activity of public authorities into two groups is justified: a) universal, which are characterized by a comprehensive, comprehensive nature, since they relate to all public authorities; b) special – those that determine the construction and functioning of only certain public authorities and related to the specifics of the implementation of the relevant types of state activities. The ways of reforming the constitutional foundations of the organization and exercise of state power in Ukraine are justified and proposed. The proposal on combining in one section of the Constitution of Ukraine under the name «Administrative-territorial structure, territorial organization of public authority, local self-government» in which to fix the following issues is justified: the principles of the administrative-territorial structure of Ukraine and its components, to distinguish between administratively artificially formed by the state administrative territorial units (district, region) and natural territorial units (village, town, city), the foundations of the territorial organization of public authority and local self-government, the status of Kyiv in Ukraine and Crimean region (Autonomous Republic of Crimea).

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