Skrypniuk V. M. Constitutional Principles of the Organization of the Government: Theoretical Aspects
In article specifics of functioning and development of civil society with system of the government are investigated. Speaking about interaction of civil society and the State, it is not about some abstract state education, but about quite specific state in which lines and signs of the democratic, constitutional and social state are inherent. In this sense, development of civil society demands reforming of all system of the government, and also specific state mechanisms, for the purpose of increase of efficiency of its functioning and reduction in compliance with requirements of the present. Basic Elements of the constitutional system allow us to define these or those systems of the organization of the government as democratic, and their functioning as it which is performed by rules of “democratic action” that in turn develops in space of interaction with civil society. Subordination of the power of the law is considered the main sign of the constitutional state which defines the condition of the government.
The government is characterized by internal separation of functions between its parts, but it works as the uniform mechanism. The specified systemacity of the government in Ukraine is shown, first of all, that all bodies of this system work jointly and are in the relations of interrelation, interaction and interdependence. Within this system one bodies of uniform system are chosen or appointed by other bodies, one direct others, one accountable, under control and responsible before others and so forth. That is the principle of systemacity of the government provides no other than availability of organizational and legal unity of this power.
In article the author points to availability of a number of the defining constitutional legal principles characterizing the organization and activity of system of the democratic government in the conditions of introduction to practice state and social and political life of the concept of the constitutional state. At the same time it is important to note that the specified principles are significant both for separate branches of the government, and for system of the government in general that allows to remove the element of opposition between separate functions in sales process of the government. At the same time, each of the specified constitutional principles needs the further scientific development. In the context of modern Ukrainian state processes it especially concerns questions of systemacity of functioning of the government, ensuring the principles of control, differentiation of functions and powers. All this will promote not only to process of modernization of the Constitution of Ukraine, but also will allow to provide stability of the constitutional process, to create in Ukraine actually democratic and effective system state of the power.
Keywords: constitutional state, constitutional system, legal acts, principles of the organization of the government, democracy, human rights, supremacy of law.