INTERACTION OF CIVIL SOCIETY’S INSTITUTES WITH SUBJECTS OF STATE GOVERNING IN UKRAINE
04.12.2006 17:40
Author: R. V. Marchuk, The National Law Academy of Ukraine Named After Yaroslav The Wise
[Administrative law. Custom and tax law]
Analysis of the problem of interaction of civil society („the third sector”) and subjects of state governing enables to define and explore the sources of democratic process of state authority’s forming .
Civil society can be defined as ‘the aggregate of public institutes which are formed on a voluntary basis, which is operated on self-governing bases within the limits of Constitution and laws at mediation of which individuals freely will realize the absolute laws and freedoms’ [3, p.55]. They are trade unions, commercial organizations, organs of local self-government, non-governed mass medias, political parties. By a term „subjects of state administration” we can understand all the organs of executive power, organs of local self-government (within the limits of the delegated plenary powers) and administration of state enterprises [2, p.17].
The necessity of studying this interaction is determined by the requirements of time, by the dynamic development of complicated administrative system.
Institutions of the ‘third sector’ actively participate in the decision of state correct through influence on administrative-political activity. In particular, political parties are in a real position to affect forming of organs of executive power (coalition of deputy factions determines a candidature on position of prime Minister of Ukraine which President brings on setting to Supreme Soviet of Ukraine [1]. Therefore political parties and motions come forward a transitional link from the necessities of civil society to realization of state administration. State administration is to create optimal conditions for activity of ‘third sector’s’ institutions, to provide it’s activity.
That’s why the civil society’s institutes interaction with the subjects of state administration is a necessary condition for democratic development of our country.
˳òåðàòóðà:
1. Êîíñòèòóö³ÿ Óêðà¿íè // ³äîìîñò³ Âåðõîâíî¿ Ðàäè Óêðà¿íè. – 1996. - ¹ 30. – Ñò. 141.
2. Àäì³í³ñòðàòèâíå ïðàâî Óêðà¿íè: ϳäðó÷íèê / çà ðåä. Þ. Ï. Áèòÿêà. – Ê.: Þð³íêîì ²íòåð, 2006. – 544 ñ.
3. Çàãàëüíà òåîð³ÿ äåðæàâè ³ ïðàâà / Çà ðåä. Ì. Â. Öâ³êà, Â. Ä. Òêà÷åíêà, Î. Â. Ïåòðèøèíà. – Õàðê³â: Ïðàâî, 2002. – 432 ñ.
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