
Legal principles of participation of public associations in exercising public control
Author(s) -
Nadezhda Gayeva
Publication year - 1970
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2019.12
Subject(s) - constitution , normative , legislation , politics , political science , law , control (management) , public administration , economics , management
It is established that the national system of legal acts that provide for public control by citizens' associations is branched out. The following regulatory acts include: 1) the Constitution of Ukraine; 2) laws; 3) by-laws; 4) international acts whose consent has been given by the Verkhovna Rada of Ukraine.
The central place in the hierarchical structure of normative legal acts on participation of public associations in exercising public control, as in all other institutions of national legislation, belongs to the Constitution of Ukraine.
Laws providing for public control by public associations are conditionally dividedinto two groups: 1) laws that directly regulate the activities of political parties, public organizations and their types, giving them certain rights by which they are able to exercise public control ; 2) laws that regulate a particular sphere of public life and grant public organizations a number of rights that enable them to participate in the exercise of public control.
It is proved that the existing normative legal acts create a legal framework for the implementation of public control by associations of citizens, as its subjects, only in certain spheres of state life and do not regulate its theoretical foundations. That is why the position of supplementing the Constitution of Ukraine, in particular its Art. 38 part three, according to which associations of citizens and individuals have the right to exercise public control. This will facilitate the rapid development of legal framework for public control.
It is proposed to envisage in the legislation on public organizations and political parties such activities as public control, which will make it possible to unambiguously state that associations of citizens are subjects of public control.
From the perspective of perspective legislation, it is argued: 1) the existence of laws regulating the exercise of public control in specific areas of public life, is not evidence of qualitative changes in the sphere of regulatory control of public control; 2) The adoption of the Law on Public Control in Ukraine, which is of universal nature, should be a logical step towards the establishment of a public control institute in Ukraine, one of the subjects of which is an association of citizens. This will lay the legal basis for a comprehensive understanding of the nature, designation and content of the Institute of Public Control and its constituents.