Legal Issues of the Public Administration in Ukraine in the Context of Constitutional and Public Administration Reforms

Abstract

The system of the public administration in Ukraine needs to be improved based on the theoretically proven concept. The legal nature, the organizationally-legal forms of entities of the public administration, in particular, of such special state bodies as central state bodies of executive power with special status and national regulatory authorities, are among the most discussible issues. Based on the analysis conducted in this paper, the conclusion about the necessity of the relevant criteria for the establishment of different organizationally-legal forms of central state bodies of executive power has been made. There is a separate group of bodies within the system of central state bodies of executive power that has the special scope of competence, special relations with the Government of Ukraine, the special procedure of establishment, reorganization and liquidation, as well as the special procedure of appointment and dismissal of the chairmen of the bodies – central state bodies of executive power with special status. However, such bodies have a transitional character; their existence within the system of the bodies of executive power seems to be artificial. Therefore, it is recommended to exclude such bodies from the system of bodies of executive power. The author of this paper supports the establishment of the separate group of independent regulatory authorities (that should include, in particular, the Antimonopoly Committee of Ukraine, regulatory commissions in the spheres of energy, utilities, telecommunications, bonds and financial markets) within the system of the public administration of Ukraine. However, the legal framework for such national regulatory authorities is still stipulated only by laws and regulations. Therefore, it is proposed to amend the Constitution of Ukraine with the provisions on independent regulatory authorities, and, in particular, to share the responsibilities regarding the appointment and dismissal of the chairmen and the members of such bodies between the Parliament and the President of Ukraine, to stipulate that the framework for establishment and functioning of these organs shall be stated only by laws of Ukraine, to define that the national regulatory bodies shall be accountable to the Parliament of Ukraine and to the President of Ukraine and to stipulate the strict requirements of such accountability by laws.