Pyvovar M. Legal bases of interaction of the state power and opposition in the period of democratic transformation: prospects of legislation

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100551

Applicant for

Specialization

  • 081 - Право. Право

26-03-2021

Specialized Academic Board

ДФ 35.052.036

Lviv Polytechnic National University

Essay

The dissertation is devoted to the issues of complex analysis of legal bases of interaction of state power and opposition in the period of democratic transformation, principles, legal and political-legal mechanisms are analyzed, problems and prospects of legal regulation of such interaction are singled out. It is established that the problems of interaction between state power and opposition were addressed in their doctrinal studies by a large number of scholars in various fields of knowledge and specialties, which indicates a fairly high degree of scientific study of this topic in the literature and its interdisciplinary nature. It is determined that the methodology of research of legal bases of interaction of the state power and opposition in the period of democratic transformation is a system of methods, approaches, ways, principles of scientific knowledge, general theoretical concepts and categories which together reveal legal bases of such interaction, considering their specificity and prospects of legislative. activities. It is established that the structure of the methodology of research of legal bases of interaction of state power and opposition in the period of democratic transformation besides scientific methods will also include principles of scientific knowledge: principle of scientificity, principle of objectivity, principle of completeness and comprehensiveness, principle of continuity, principle of concreteness and principle of complexity. It is determined that the opposition according to the "broad approach" is a set of parliamentary, non-parliamentary associations, citizens of Ukraine and other categories of persons who do not share the official domestic and / or foreign policy course pursued by public authorities. The parliamentary opposition, according to the "narrow approach", is a group of parliamentary factions and people's deputies of Ukraine who are not part of the coalition of parliamentary factions in the Verkhovna Rada of Ukraine, officially declared their opposition and expressed a desire to unite to work together to criticize and control on the activities of the Cabinet of Ministers of Ukraine. It is substantiated that in characterizing the opposition as a political and legal phenomenon, it is also important to study its function as the main areas, areas of activity of opposition actors in terms of their impact on public relations and relations with public authorities. It is proved that for successful interaction of state power and opposition, in modern conditions of democratic transformation of the Ukrainian state from a state of transitional type to constitutional, it is impossible to adopt, in its pure form, the generally accepted model of opposition functioning. It is emphasized that for the Ukrainian state the best option is to combine different characteristics of different models of opposition activities taking into account national, political, historical, economic, geopolitical, cultural and social factors of development. The author's definition of the principles of interaction between state power and opposition as the main starting points of a general nature, which determine the political and legal nature, essence and directions of interaction between state power and opposition, is presented. There are two main directions of implementation of the principles of interaction between the government and the opposition in the form of legal and political-legal mechanisms of such implementation. Attention is focused on the fact that the legal regulation of the mechanisms of interaction between the state authorities and the opposition takes place mainly at the level of parliamentary regulations, which regulate the status of a minority. It is stipulated that the Law of Ukraine "On Opposition and Opposition Activities", which will regulate the legal status of the parliamentary opposition, should establish the principles of parliamentary opposition, the procedure for its establishment and termination, powers in the Verkhovna Rada of Ukraine and in relations with other public authorities. in the leadership of the Verkhovna Rada of Ukraine and its bodies, forms, methods and guarantees of activity, financial support and responsibility for violations of the legislation. It is noted that along with the belief in the need for constitutional changes and the adoption of the Law of Ukraine "On Opposition and Opposition Activities" the most important tasks for both the state and society are to preserve political diversity, a real opportunity to elect government officials with alternative views, independent media, free expression of their views and criticism of state power, effective public control over the activities of power, as well as constructive interaction between the opposition and state power.

Files

Similar theses