Problems of determining constitutional and legal status of the office holders in local public authorities in Ukraine
Abstract
In the article the author considers main conceptual approaches to the subject of constitutional and legal status of the office holders in local public authorities in Ukraine. It is noted that this status is the key feature enabling fundamental study of the nature and purpose of such authorities and office holders, as well as examination of their functions in the context of constitutional reforms in Ukraine.
The substantial modification of the tools of public authorities has not only touched the issues of transforming relationships in the sphere of public authorities but has also fostered setting up conditions for organizing a modern, democratic and effective system of public authority upon local and regional levels able to meet international standards and to realize integration processes in our country. These constitutional regulations stipulated relevant requirements to organization and functioning of the public authority institutions in Ukraine as well as strengthening and provision of the rights and freedoms of a person and citizen. In actual practice the constitutional and legal status of the office holders in local public authorities attains the perception of ambiguity, and the difference between legal and factual statuses causes some serious legal conflicts. At the same time, current Ukrainian legislation does not contain a firm list of matters for impeaching the head of respective local state administration by district and regional councils. One more significant matter of such approach is that the Constitution of Ukraine contains a number of contradicting regulations that in practice cause constitutional and legal conflicts. This, in turn, causes the dualism in constitutional and legal status of a head of local state administration. That means that a heads of local state administrations are appointed and dismissed by the President of Ukraine after submission of the Cabinet of Ministers of Ukraine and at the same time they are responsible to the Cabinet and are supervised by the executive authorities of the higher level.
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