The state apparatus of Ukraine

Characteristics of the state apparatus Ukraine: the concept, content and features, fundamental principles of organization and operation of state apparatus. Structure of the state apparatus and its correlation with the mechanism of state.

Рубрика Государство и право
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Язык английский
Дата добавления 08.10.2012
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CONTENTS

Introduction

Chapter I. General characteristics of the state apparatus Ukraine

1.1 The concept, content and features of the state apparatus Ukraine

1.2 Fundamental principles of organization and operation of state ¬ tiveness apparatus Ukraine

Section II. Structure of the state apparatus and its correlation with the mechanism of state

2.1 Characteristic features of the mechanism of state

2.2 Structure of the state apparatus

Section III. Areas to improve the functioning of the state apparatus in Ukraine

Conclusions

REFERENCES

INTRODUCTION

state apparatus ukraine

According to the Constitution of Ukraine, the bearer of sovereignty and the only source of power in Ukraine is its people. He delegated his powers state apparatus. The state apparatus to implement their tasks creates public authorities. Governments, for achieving the tasks before them, apply powers, using the principles of coercion and persuasion.

The state apparatus plays a leading role in the implementation of state functions. In fact, the state performs its functions through the state apparatus. Questions about the implementation of state functions by the state apparatus - is one of the most important issues not only theory but also practice the state. State functions express the nature of the state and specify its essence.

The relevance of this topic is that the state apparatus plays a pivotal role in shaping the government and its distribution and takes a leading role in the implementation of state functions.

The study of the topic dealt with the following scientists: Averyanov VB, Sukhonos VV, Rabinovich P., Kelman MS, Kopyeychykov VV, formic OH and other scientists of Ukraine. Labor data scientists use when writing a term paper.

The purpose of this course is to investigate and study the state apparatus in the theoretical and applied aspects.

For this purpose, have the following main tasks:

- Define the concept and features of Ukraine's state apparatus;

- Describe the principles of organization and functioning of the state apparatus in Ukraine;

- Set the value of the state apparatus to the mechanism of the state of Ukraine;

- To investigate the structure of the state apparatus of Ukraine;

- Identify ways to improve the functioning of the state apparatus in Ukraine.

The object of study is the relationships that develop between citizens and the state apparatus (authorized persons) in carrying out their tasks and functions. The subject of study is the state apparatus in Ukraine in terms of theory and practice.

The concept of the state apparatus as part of cate-horiynoho arsenal theory of law is generalizing, ie ¬ it covers based on common characteristics of all set differently ¬ manitnyh for a particular direction of civil organiza ¬ haniv. State agency considered theory of law as the primary structural element of the state apparatus, it is with government composed his individual links and sections, the whole system of the state apparatus as a holistic phenomenon.

Each person has to enter into certain relationships with certain agencies of the state (a state machine) and its other organizations. Therefore, for the success of every subject you need to know the purpose and types of these bodies, their relationships, interdependence, legal capabilities and other characteristics.

And ROZLIL

Chapter I. GENERAL DESCRIPTION DARZHAVNOHO APATATU UKRAINE

1.1 The concept, content and features of Ukraine's state apparatus

state apparatus ukraine

The main functions of any state in different historical cha ¬ sy are those aimed at providing public authorities across the whole of society, exercise on behalf of the state management, and therefore the main institution that uosob ¬ lyuye and represents the state, is the state apparatus.

States ¬ tion device designed to perform basic state functions that ¬ the practical exercise of state power and administration su ¬ acceptable to voters and is an inherent part of both, and there ¬ tion and functioning of the state.

The state apparatus has a specific purpose, namely, the exercise of state power, but its structure and principles of various factors affecting the economic, political, historical, international and otherwise, and substantial or functional changes require improvement of the state apparatus, new agencies.

Possible dual understanding of the apparatus of the state: in the narrow and broad sense.

The apparatus of the state (in the narrow sense) - the actual administrative apparatus or device executive, consisting of officials and headed by a senior executive.

The apparatus of the state (in the broad sense) - along with the proper management apparatus includes a head of state, parliament, local governments, armed forces, militia (police), diplomatic missions abroad and others [5, p.90-91].

Thus, the state apparatus - a combination of government, their units and units authorized to der ¬ tional power and control, based on their activity on the possibility of coercion.

Ukraine's state apparatus is characterized by a number of the following characteristics:

1) state machine is the main institution of the state, the average direct ¬ carrier state, which he authorized prac ¬ cally perform and present relations with the public;

2) the state apparatus as a systemic formation formed and operates on the basis of common principles of organization and operation;

3) the state apparatus is a complex system of providing for the division into separate units and divisions as per functional ¬ tional criterion - the branches of government and by hierarchical denotes ¬ ing - the higher and lower bodies, etc.;

4) the primary element of the state apparatus, from which the glass ¬ given the whole system of the state apparatus, is an independent state agency;

5) in the apparatus employed on a permanent basis of professionally-trained to perform administrative functions cad ¬ ri - civil servants;

6) the functioning of the state apparatus is made within

and in the manner established by law, that is in some great ¬ vovyh forms;

7) state machine based on the activity of certain

material, financial and other resources derived from public funds;

8) the functioning of the state apparatus based on possible ¬ lyvist use state coercion [3, pp.42-43].

System of the State as public organizations are entitled to the use of state coercion and that control and coordinate the activities of state-owned enterprises and government agencies to form the state apparatus.

The state apparatus has the vocation to make the society management activities on behalf of the state and it is for this body states that his form, endowed with state-of authority [6, c.218].

Thus, we see that the state apparatus Ukraine must fulfill the basic functions of the state that ¬ to practical exercise of state power and administration su ¬ acceptable to voters. Ukraine's state apparatus-specific characteristics that determine its specificity, characteristics, and referral.

1.2 Fundamental principles of organization and operation of state ¬ tiveness apparatus Ukraine

For state apparatus required specially trained personnel management officials who have the necessary qualifications and professionalism. Middleware people employed at work in the office of the state, defined as the bureaucracy (bureaucrat - Greek. Chief clerk). This term use and negative characteristics such manifestations in the state apparatus as formalism, delays, careerism, the desire for personal gain, corruption, indifference to people and their needs.

To overcome the negative effects, using democratic methods and style of work, a system specifically designed actually existing measures and mechanisms designed to curb, restrain bureaucratization. Effective measures such as replacement of officers by competition, transfer of managerial staff for the work under the contract, deprivation of civil servants to participate in commercial activities, but also to set them high wages (social and legal protection), which provides interest in the fair Service. Administrative unit should be a tool of the authorities, selected and controlled by the people.

To improve the efficiency and quality of public administration requires that the basis of its organization and operation of a system of principles [5, p.93].

Under the principles of organization and operation of the state apparatus realize legally defined starting principles that serve as the regulatory requirements for the basic parameters of its organiza ¬ tions and functioning for the most effective use ¬ ment functions and tasks of the state. They are:

a) democracy;

b) national equality;

c) legality;

d) sovereignty;

d) the distribution of power;

e) social justice;

e) humanism and compassion;

g) a combination of persuasion and coercion;

i) publicity, openness, consideration of public opinion, etc. [10, c.87].

Democracy in Ukraine is characterized by the fact that the state apparatus is formed by the will of the majority, expressing the will and civil society.

National Equality isthat as fundamental, and all other national groups living on the territory of Ukraine are equal. The State guarantees all exercise, health, protection and reproduction of political, economic, civil, social and cultural rights.

Legitimacy means that the state apparatus is organized and operates on the basis of laws. Its activities focus on law enforcement and is in accordance with the effective laws.

The state apparatus is an expression of popular sovereignty. Sovereignty is the work of the state apparatus built on the principles of the rule, completeness, indivisibility, autonomy and power within the country of equality and independence from anyone in external relations [12, c.271-273].

More details should be on the principle of separation of powers, since it is considered one of the fundamental principles of organiza ¬ tions and the state apparatus under development in Ukraine democratic legal state.

State power in Ukraine based on the principle of separation of powers into legislative, executive and judicial. The highest legislative body is the Supreme Council of Ukraine, the highest body in the executive - the Cabinet of Ministers. Justice in Ukraine is administered exclusively by the courts, which are based on a territorial and special principles. Provided fastening system of checks and balances between the different branches of government.

The mechanism of mutual checks and balances between the legislative and executive powers are intended to ensure their cooperation as a single branch of government. Bodies legisla ¬ for legislative power constrain executive power because the executive can not go beyond the law enacted by Parliament. Parliament creates or participates in the formation of higher executive authority - the government exercises parliamentary control over the government's fulfillment of the law. In turn, the higher authorities in the executive power vested rights legisla ¬ tive initiative, may apply to veto laws passed by parliament.

The judicial authorities to protect the rights and freedoms of man and citizen against any arbitrary action by public authorities. In addition, the Constitutional Court as a specific unit in the system ¬ subject judiciary can constrain both legislative and executive power use ¬ by recognition of laws passed by Parliament and regulations of higher authorities unconstitutional ¬ we if they do not comply with the Constitution .

Refinement requires the question of whether the event ¬ lyayetsya single state authority in certain relatively isolated branches of government, whether it is on the functioning of individual inde ¬ them powers. Conversely, from the point of view of the theory of popular sovereignty, when people recognized source of state authority, provides its unity, which while not rule out the possibility of division ¬ ity of the government on some of its branches.

Article 6 of the Constitution of Ukraine did not give a clear answer to this pi ¬ tion, since it refers to the state authorities and the individual you ¬ dy government - legislative, executive and judicial [1, p.4]. However, systematic interpretation of the Constitution of Ukraine can make conclusion ¬ wok proximity of the constitutional principles of Ukrainian ¬ ARRANGEMENTS the concept of national sovereignty.

Separation of state power can not be reduced to the usual division of labor in relation to the implementation of social control that occurs with the appearance of such a complex set of government as the state apparatus, has its basis specialization of its workers in a variety of activities - lawmaking, executive or judicial, requiring different abilities and skills and is aimed at increasing efficiency and effectiveness ¬ ARRANGEMENTS functioning state apparatus [4, s.121-122].

The principle of social justice, the state apparatus means that its objective is to ensure social harmony and consensus between different parts of society, the balance of different interests of all social strata, groups and other segments of the population.

Humanity and compassion are that the state machine helps make all population groups of subjective rights, protects and defends the basic human and civil rights, giving priority to human values, provides humane and compassionate attitude to the whole population of Ukraine and every a single individual .

An important principle of Ukraine's state apparatus is a combination of persuasion and coercion. Forcing people to apply only when exhausted all possible beliefs, and a person is not obeyed national interests and the interests of civil society.

Publicity, transparency and consideration of public opinion means that its function state machine performs openly collaborating with various associations and movements, studying public opinion and considers it in the organization and implementation of its tasks [9, s.111-115] .

Thus it follows from the above definition and the importance of adherence to the principles of organization and operation of the state apparatus. These principles ensure the implementation of the doctrine the rule of law in Ukraine, strengthening democracy and the rule of law, unfettered rights of citizens, eliminating bureaucracy and establish complete domination of the law.

Section II. STRUCTURE DKRZHAVNOHOAPARATU and its correlation with mechanisms of the state

2.1 Characteristic features of the mechanism of the state

Each State to carry out its tasks and functions to create a variety of structures. In Ukraine, this structure is the state mechanism.

State mechanism can be called "public authority" or "public authority". It is created for state functions, and this relationship more fully reveals itself in the particular structure of the state apparatus.

State functions are carried out through special ¬ but formed for this institutional mechanism, which is defined as "the mechanism of the state," consisting of various state ¬ state bodies who represent a relatively extracted struc ¬ tour - the state apparatus, and other public institutions. In this approach, based interpretation of the nature and content ¬ der zhavnosti the perspective of institutional approach, the main feature of which is that the state is treated primarily as a mechanism (Institute) of power and control in society.

On the other hand, the mechanism of the state has seen in con ¬ text of a particular group of people perform a certain kind of socially useful labor that evolved historically as a result of the social division of labor - management on permanent professional basis. In this human dimension Me ¬ mechanism for state advocates a kind of natural (human) its incarnation as a relatively secluded, constituted in sepa ¬ myy Institute and structurally organized layer of people who vyokremyvsya at the stage of state due to su ¬ joint distribution of labor control (employees of the state apparatus ) and managed (population).

This approach marked a shift in the study of social management from the traditional emphasis on formal elements of the so-called "human factor" from the standpoint of a wide humanis ¬ cal approach, which is designed to lead to a reassessment of the ratio of objective and subjective factors in the system of governance on the latter. In particular, the elementary human ¬ cue measurement issues and the functioning of the state apparatus is the methodological foundation that enables more repre ¬ flash a new analysis for the national legal science, but it is extremely urgent and complex issues its personnel pro ¬ tions, organizations and the civil service bureau ¬ Democracy, etc. [4, p.113-114].

The share of state mechanism to ensure zhyttyediyal ¬ ARRANGEMENTS social organism, its possible impact on various aspects of social life, the number of employed workers it depends on the content and scope of functions that society imposes on the state, due to their scope of competence of state bodies as defined in the legislation.

Therefore, we can give a definition of the mechanism of the state - a system of government organizations that are created to organize and direct the implementation of the tasks and functions of the state.

The structure of the mechanism of the state are: state-owned enterprises, public institutions ¬ You (institutions), the apparatus of the state, public bodies (state agencies) [8, p.59].

State-owned enterprises - those units that were created by the state for material production activities or to provide certain ma ¬ terialno and welfare services and operate on per ¬ gardens self-supporting and self-sufficiency. State enterprises vo ¬ possess cutting the state share the right of full hozyayst ¬ the Commercial management, with its own balance sheet and legal status, business entities, have the sa ¬ mostiynu financial responsibility, are covered zahalnodozvolyayuchyy legal regime.

Government institutions (institutions) - are those organizations ¬ tion, formed by the state in non-production area for humanitarian tasks and operate primarily on the basis of funding. Government institutions can be designed to perform specific activities, such as keeping prisoners then ¬ that. The nature and direction of the activity of public institutions ¬ you can not be profitable organizations and therefore stayed ¬ tion on hold due to the state budget.

The bodies of the state - those of the state, it gave the power of that ¬ to other participants in public life and the necessity ¬ materiel for the exercise of these powers. Powers of state authority is the ability to establish formally binding rules of conduct general ¬ tion or individual character (legal at ¬ pisi) and pursue enforce them [4, p.117].

Incomplete meaningful and logically incomplete will review the structure of the state without such a mechanism it necessary links as armed forces. The full implementation of state functions is impossible without the use of case ¬ necessity of coercion, which is the main institution of the military form ¬ tion. Thus, the defense of the sovereignty and territorial integrity and inviolability of the Constitution of Ukraine is regarded ¬ yiny as one of the most important functions of the state, the implementation of which relies on the Armed Forces of Ukraine [2, p. 17].

¬ The general features of them for all kinds of public organizations that are part of the mechanism of the state, is that:

- They are inherently governmental institutions as opposed to self-organization;

- Their means practically performed the tasks and functions of the state;

- They are formed by a decision of the state commissioners of state agencies;

- They are funded from the budget;

- Their employees as public servants have a special hundred ¬ tus, special employment security and social security [4, p.116].

Ukraine's state apparatus has several features that distinguish it from other government agencies that are part of the mechanism of the state, namely:

1) state agencies form a well-structured system ¬ nd whose elements interact with each other in order to ensure effective implementation ¬ tion state functions;

2) Each State agency vested with jurisdiction (full-novazhennyamy, the subject of a legal liability ¬ tions), which is defined in the law;

3) the form of the state apparatus in general and also ¬ tion of its elements are regulated in detail the requirements of legal acts;

4) in accordance with the constitutional principle of separation of powers, op ¬ Ghanaian state divided into legislative, executive and su ¬ trust.

From the state apparatus must be distinguished government apparatus, which includes include some auxiliary-servicing units and positions, whose purpose is to ensure that relevant authorities of their functions and tasks in accordance with their competence.

The concept of state mechanism broader concept of the state apparatus in composition and structure. The mechanism of the state, in essence, is the machine in action, in operation - with all the constraints that exist and occur between its parts.

The mechanism of the state should not be seen as a simple aggregate of its constituent elements (state agencies, organizations, institutions) as well as the system of these elements, interoperable, harmonized with each other and the system as a whole, which are in constant renewal in order to maintain its core functions - management .

Be distinguished public bodies that have powers, and state enterprises and institutions that do not have power. By this criterion to differentiate between the mechanism of the state and the state apparatus, which is basically just and equal.

Under the "state apparatus" means a system of directly involved in management activities and endowed for the public-authority. The concept of "state mechanism" covers the state-owned enterprises and public institutions under the supervision of the state apparatus practically perform the functions of the state in productive activities associated with the creation of wealth state (SOEs) and intangible assets (government agencies). For government agencies typically have non-productive activities in healthcare, scientific research, design, educational, spiritual and osvitnnoyi work, etc. [5, p.88-89].

Based on the above it must be said that the mechanism of the state is broader than the concept of the state apparatus and differ from it. The mechanism of the state can be defined as an integrated hierarchical system of state bodies exercising state power and institutions, enterprises, through which performed the tasks and functions of the state.

2.2 Structure of the state apparatus

As already noted, the state apparatus - a system of state bodies ¬ der. Authority of the state - the person or structured group of persons acting on behalf of the State and endowed with powerfully-state powers, including the right to apply the tools of state coercion and implement state-organizational, administrative, judicial and other func ¬ tion according to their destination. Governments are the structural elements of the state apparatus.

Each state agency created to make a certain kind of state activity, that has its own object management, tasks and functions.

The presence of a public authority of state and power ¬ full powers means that it is able to establish binding rules of conduct that legal norms and individual acts and seek with the laws established by ¬ sobiv incurred. From each state body - my spe ¬ or in a group with others - depends largely on the level of development and efficiency of the state apparatus as a whole. Therefore, the state should take care of that one hundred ¬ regards to to public bodies clearly been defined scope of ¬ sibilities activities and competencies were organized their interaction ¬ movidnosyny with nongovernmental agencies and organizations, especially local authorities, to government agencies represented relatively independent, professional and responsible managers of the state apparatus [11, c.71].

People who work in any state organiza ¬ tions are divided into workers and employees.

Worker - a person who works in state enterprises or other state organizations and state payroll vnormovanu performs certain services (job) functions of an industrial nature.

Public servant (public official) - a person who works in the state ¬ tion of the organization, and set the state for wage-performing certain services (job) functions outside work.

Types of civil servants:

1) leaders (servants endowed with powerful in ¬ vnovazhennyamy to other team members from ¬ relevant state organizations);

2) experts (employees who must have certain professional knowledge for the relevant pro ¬ occupational duties without power);

3) Technical personnel (employees, which in ¬ kladayetsya auxiliary functions that do not require special training and powers) [13, c.98-99].

Bodies states have general and specific characteristics. Common signs include the following:

1) All state agencies established pursuant to under ¬ stake through direct or representative demo ¬ Democracy, designed to perform statutory functions;

2) with state-of powers;

3) apply in the prescribed manner;

4) inter-relation of subordination;

5) all work together to create a single integrated system that kinase ¬ vayetsya apparatus of the state.

Specific features, ie those which separate public from private bodies, as well as organizations in the modern democratic state, should be considered include:

- Forming them directly by the people through elections or public bodies that are formed by the people;

- Implementation of public authorities of their functions on behalf of the state;

- Execution of every public authority clearly defined them ¬ established by law office types and forms of activity;

- The presence in each state agency vested organizational structure of local mass ¬ headquarters activities specific legal act (provisions ¬ tion) that determines its place and role in the state apparatus and the procedure of its relationships with other government agencies and organizations;

- Provision of public authorities to state-powerful character. The presence of state-powerful char ¬ ing is the most important feature of a public authority under which it is possible to sufficiently clear distinction der ¬ state bodies from other government organizations (enterprises ¬ prises, institutions) and from non-governmental agencies and organizations [7, p.114-115 ].

Structure of the authority of the state consists of:

A) device that directly executes the tasks and functions of the state:

- A public-authority

B) Auxiliary machine:

- Has no state-powers.

Organs of state are different:

1) for a place in the state apparatus:

a) primary - created by direct vo ¬ levyyavlennya all (or a portion) of the population and represent the sovereignty of the state;

b) fatigue ¬ rynni - all other bodies set primary ¬ them descended from them, they are accountable;

2) the content or direction of state activity:

a) the legislature (Parliament);

The main purpose, "calling" that parliament ¬ - to be representative (representative organi ¬ nom) of the adult population of the state, all yo ¬ nd parts in order to express and conduct in housing ¬ cha his will and interests. The main activities of the parliament is to adopt laws pillars ¬ you (legislative function), monitoring their fulfillment of (the control function) and control ¬ sovyh financial resources of the state budget (financial distribu ¬ ryadcha function). These functions parliament performs both directly and through its committee formed, committees and others.

b) chap ¬ va state;

The purpose of this body (President, mo ¬ narha) - personify the country, its people (nation) to represent it in external relations, coordinate, coordinate the activities of other institutions of the state. To perform these functions chap ¬ va state generates the appropriate service organization. In presidential republics or dual monarchy Head of State, in addition, creating and leading the supreme executive authority (the government), directs its activities or directly ke ¬ RUE him.

c) public administration (you ¬ executive power);

They are usually divided into higher (the government, which in many countries has different proper names: Council of Minist ¬ ing, Cabinet Ministers and others.), Central (Minister ¬ tion, other agencies) and local (formed cen ¬ executive bodies their representatives ¬ tion in the relevant areas (administration, educa ¬ ment, committees, divisions, departments, etc.)..

These bodies are called, vykochuyuchy taken couples ¬ lament laws make everyday opera ¬ tional control relevant areas of public life.

Government formed (since its leader - prime minister) president, monarch (suitably ¬ relations in presidential republic or monarchy dualistych ¬ it) or Parliament (the parliament ¬ skie republic or a parliamentary monarchy).

In its activities, the government is accountable because orga ¬ new that it has created. Therefore, changing the dominant political party in parliament (with a parliamentary form of government) or electing presidents ¬ Dent person with a different political agenda than his predecessor, usually entails at ¬ significance of the Prime Minister and, ultimately, the whole government and much of the higher or ¬ novnytstva. As for local governments, their membership may under ¬ remain with almost unchanged since they ¬ HN must follow instructions implicitly superior administration. It is believed that the lo ¬ locally level public administration "separated" from politics and be loyal to the state, whatever policy it pursued. Yas ¬ a thing, to achieve this in practice can not, for obvious reasons, not always. Is noticeable, in particular, the social heterogeneity of different segments of civil servants (higher among ¬ sibilities and low levels of administrative system, military and civil officials, etc.).

d) the judiciary;

The main purpose of the judiciary is to resolve conflicts and disputes between subject ¬ we have rights, protection and restoration of their rights in bringing offenders to law is responsible ¬ responsibility.

In the states of social-democratic orientation of these bodies are characterized, so to speak, pluralism (exercising constitutional, administrative ¬ tive, civil, criminal, arbitration, military and other proceedings) that allows for differentiated procedures for deciding cases that arise in different fields social life, and so marked neabyya ¬ Coy specificity.

d) bodies con ¬ trolno-supervisors;

Although these structures are formed by those or other ¬ we supreme bodies of state (parliament, pre ¬ dent or others.), But in the state apparatus they occupy a special place with its own clearly defined powers, they ve ¬ plays a relatively independent role in state and society . These include, for example, prosecution, Ombudsman (Parliamentary Ombudsmen for human and civil rights) [14, c.95-98].

These bodies are not link element part of any other state structures and can therefore be considered as a special kind of state.

3) the method of formation:

a) elected;

b) at ¬ znachuvani;

c) those that are inherited;

4) Time of operation:

a) constant;

b) temporary;

5) the composition:

a) single-person;

b) collegial;

6) on the territory covered by the their powers:

a) general (central);

b) mon ¬ tsevi (local).

The government agencies are involved local authorities, who at the local ¬ nor do most legal means several government functions, though not formally considered officials (organ ¬ mi) state. This so-called municipal authorities.

The primary municipal formed (elected) citizens living in fear Me ¬ a territorial administrative ode ¬ baser (ie certain territorial community). They, too, to some extent you are utilized to ¬ fulfillment of state tasks and functions [8, c.62-64].

Therefore, public authorities are structural elements of the state apparatus, which are created for a certain type of government activities that have their own goals, objectives and functions.

SECTION III. DIRECTIONS improve the functioning of the state apparatus IN UKRAINE

Understanding the mechanism of the state as a system of government organizations engaged in not only managing general social affairs, but also vital for society as a whole, shows not only the nature of the state as a political organization, but also its social orientation. This approach to the definition of the state is characteristic of modern constitutional law of Ukraine. The Constitution of Ukraine stressed: "Ukraine is a sovereign, independent, democratic, social, law-based state" [1, page 1]. The above interpretation of the state makes it possible to make a number of additions to the concept of rule of law, to settle the boundaries not only political, but also directly economic, social and spiritual influence of the state on civil society.

This allows you to define the limits of the state's influence on society, not only in the political but also social, economic and other aspects. These limits can be defined as: the state is valid only in those areas of social life and in the volumes that can not be resolved and settled by civil society itself to ensure its viability and development.

Therefore it is with this notion of the state mechanism, which performs the tasks and functions of state sovereign, independent, democratic, social and legal, it is appropriate to outline directions of its reform and restructuring in accordance with the provisions of the administrative reform is happening in the country. This is primarily:

- Interaction of all branches of power in the interest of overall development and strengthening of Ukraine;

- Reforming the judicial system, because the court has actually become a force that protects law, ensure its supremacy in the state and public life;

- Responsibility, synthesis of energy, discipline and cohesion in the state apparatus, its effective and coherent personnel policy, competence and professionalism in the work;

- Implementation of balanced regional policy, as well as establishing a system of local government;

- Reduction of the state apparatus, its reorganization, strengthening the principle of separation of functions between the branches of government;

- Introduction of an independent legal assessment aimed at making laws and decisions;

- The need for a new system of values, which form the basis of freedom, democracy and independence of the media, social justice, spiritual development based on national and universal basic values;

- The need to introduce democratic procedures for resolving conflicts between organizations state mechanism [9, c.115].

Question division priorities of civil society ¬ tion and the state government intended to be solved at the level of constitu ¬ tutsionalizmu, constitutional and legal regulation. Thus, Con ¬ stitution Ukraine establishes principles of state responsibility to the people for their activities, limiting the activities of state and government law, guarantees of local self-government, its ¬ dom of political activity not prohibited by the Constitution and laws of Ukraine and us ¬ etc. [1 , c.3-6]. Therefore, you can add more such areas of development and improvement, which are characteristic for the mechanism of a modern democratic state:

1. The presence of well-functioning of private industrial and non-industrial sectors;

2. Improving the structure and efficiency of the state apparatus;

3. A high level of professional skills and professional training of civil servants;

4. The existence of effective mechanisms of control over the activities of state organs, enterprises and institutions;

5. A clear legal regulation of the competence of state bodies.

In Ukraine, as in other countries of post-socialist space, remain extremely sharp, unresolved problems of modern statehood and nation-building.

Proof of this is cumbersome, not effective state apparatus, and subjected infinitely frequent restructuring. And all this in the presence of waste, approved the concept of administrative reform, which started its history back to 1992.

That is why there was a need for a high quality update legislation reforming public administration to amend the system of government, transferring their activities to "new track" [14, c.103].

Summarizing the foregoing should be noted that the state apparatus Ukraine needs considerable improvement in law and on a practical level. This is primarily due to the inability of officials of the state apparatus in a timely manner and in accordance with the law to respond to the needs and demands of society and every citizen in particular. These options are some of the improvements possible and require implementation. In this way the state apparatus Ukraine will start working at full strength.

CONCLUSIONS

Thus, the apparatus of the state takes center stage in the organization of the state mechanism as exercise state power and administration of state and society.

The concept of Ukraine's state apparatus is defined as - a system of government that carry out practical work with the management company, the tasks and functions of the state.

To improve the efficiency and quality of public administration requires that the basis of its organization and operation of a system of principles. The principles of organization and operation of the state apparatus - starting principles undeniable requirements to the formation and functioning of government. Compliance with these principles is the key to improving the state apparatus Ukraine.

Researcher identified features of the mechanism of the state and its relationship with the staff of the state of Ukraine. The mechanism of the state - a system of government organizations that are created to organize and direct the implementation of the tasks and functions of the state. The concept of state mechanism broader concept of the state apparatus in composition and structure.

The basic structural element of the government machinery, apparatus initial state is the state agency. It is a separate employee or structurally organized directly by the state or nation team of civil servants has the authority, the appropriate logistical support, established legally for specific tasks and functions of the state.

Although state agencies are part of the same state apparatus, they differ in place in the state apparatus, within the meaning of, method of creation, time of operation, composition, scale (area) activity and other criteria by which they are divided into certain.

The study identified the main ways to improve the functioning of the state apparatus in Ukraine. Today our country is in full swing to build legal, democratic, socially-oriented state. For this purpose, constantly adopting new laws, issued decrees and regulations aimed at resolving the new economic, political and other relations, as well as strengthening and consolidation of statehood and sovereignty of Ukraine, and improve government.

There is a clear mechanism for the allocation of competences between the legislative and executive branches. But as we are now convinced embodiment of the principle of separation of powers connected with breakingtraditional stereotypes, creating fundamentally new tools, which we still do not exist. Ha obstacle standing objective and subjective factors, foremost of which is the burden of the recent colonial past, the lack of democratic traditions in the field of government, political, social, psychological stereotypes.

Clearly, in the power system most vulnerable and ineffective is the executive branch, the main purpose and primary function of which is to implement the decisions taken. Havit good perfect law worth nothing if it is not done or done to both. As we see the government of Ukraine to work productively to improve its operations and pay special attention to the implementation of its orders and decisions of the relevant authorities.

REFERENCES

1. The Constitution of Ukraine of 28.06.1996 year. - Kharkov: Sail, 2008. - 48 p.

2. The Law of Ukraine On the Armed Forces of Ukraine from 06.12.1991 year. - Kyiv: K. Yurinkom Inter, 2006. - 57 p.

3. Averyanov VB The executive in Ukrayini.-K.: Jure, 2007. - S. 42-43.

4. General Theory of State and Law: M. Zwick, VD Tkachenko, L. Bogachova et al., Ed. M. Zwick, VD Tkachenko, AV Petryshyn. - Kharkov: Right, 2002. - 432 p.

5. Racehorse AF Theory of State and Law: Textbook / Trans. with n. - Kharkov: Konsum, 2001. - 656 p.

6. Theory of State and Law - Sukhonos V. / / Sushi: SHS "University Book", 2005. 7. Theory of State and Law: A Textbook. important among. / A. Kolody, TZZ [B. V. Kopyeychykov] EL Lysenkov etc. According Society. yet. SL Lysenkov [B.V. Kopyeychykova]. - K.: Inter Yurinkom, 2006. - 364 p.

8. Rabinowicz P. Fundamentals general theory of law and state. Edition 5 is amended. Textbook. - K. Atika.-2001. - 176 p.

9. General Theory of State and Law - MS Kelman, OH Ant / / K. Condor, 2006. - 477p.

10. Hudyma NV The principles of openness and transparency of government of Ukraine (orhaniz. and legal principles): Monograph. - Cherkasy: Ed. Chabanenko Y., 2007.-200C.

11. A. Oleinik Theory of State and Law: Textbook / K. Yurinkom Inter.2001. - 176p.

12. A. Zaichuk, N. Onishchenko Theory of State and Law Academic Course Textbook. - K.: Inter Yurinkom, 2008. - 688s.

13. Theory of State and Law. Lectures / Ed. Marchenko MN - M.: Mirror, 2001 - 230 c.

14. Theory of State and Law: A Textbook. important among. / L. Shestopalova. - K.: Precedent, 2004. - 224 p.

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