Konstankevych Y. Moral and ethical criteria as a constitutional condition for the formation of public authorities in Ukraine

The thesis carries out the complex research of constitutional issues of moral and ethical criteria establishment to officials at formation of public authorities in Ukraine. The paper reveals the theoretical component of the constitution of moral and ethical requirements for candidates for positions, understanding the essence of these conditions, the organization of public authorities with the principle of integrity, guaranteeing the rights of candidates in assessing compliance with established criteria. The purpose of the dissertation is to study the issues of a constitutional nature related to moral and ethical criteria, which are proposed as requirements for the formation of public authorities in Ukraine. The object of research is the process of formation and exercise of public power in Ukraine. The subject of the research is moral and ethical criteria as a constitutional condition for the formation of public authorities in Ukraine. A systematic study of constitutional law has been carried out, which contains the problem of ensuring moral and ethical standards in the formation of public authorities in view of the theoretical interdisciplinary characteristics and institutional structure of government. It is determined that the integrity of officials directly affects the development of communicative dialogue and mutual proper perception by constitutional actors. It is proposed to consider ensuring the moral and ethical qualities of officials of executive bodies and local self-government through the constitutional guarantee of the right to good governance, than to condition the positive obligations of the state to ensure the principle of integrity. The problem of the relationship between ensuring the integrity of the government and guaranteeing the rights of the candidate in its evaluation is comprehensively studied and it is determined that the procedure of appointment to a person may have negative consequences for non-refutation of information (in the context of the principle of impossibility of self-disclosure). do not always grant immunity to a person in the selection procedure due to a milder degree of proof. The procedure for appointing a parliamentary ombudsman has been reviewed, which would correspond to ensuring high moral qualities and political impartiality through the establishment of a qualified majority of votes and a separate competition commission for a reasoned examination of the candidate's integrity. Improved: 1) the issue of understanding the Constitution through the conclusion of values that produce moral and ethical standards of power; 2) the concept of the human dimension of law in terms of its expansion and combination with the theory of legal realism; 3) an integrated approach to the definition of integrity through a list of individual components, the combination of which can outline the concept of integrity; 4) understanding the concept of integrity through the offer of such components as compliance with moral standards of society, values, the phenomenon of justice, as well as components that determine the nature, attitude to duty and ethical rules of conduct; 5) the process of appointing honest judges, through the development of foreign experience, providing conclusions on the process of consensus resolution of the integrity of the candidate, disclosure of the vision of ensuring the integrity of institutions for the selection and appointment of judges; 6) the issue of appointing constitutional judges through the formation of a single selection commission with the rights of a recommendatory nature and the issue of proposing members of such a commission; 7) the question of the possibility of establishing moral and ethical criteria for elected authorities; 8) characteristics of the personal right to privacy and political rights to access public service and participation in the management of public affairs, outlining the balance of their provision and the public need to assess the integrity of candidates for office.