Bukhanevych O., Ivanovska A. Contitutional control as a type of state control: contents and functional characteristics

Bukhanevych, Alexander; Ivanovska, Alla

doi:10.37374/2019-36-01

2019

DOI: 10.37374/2019-36-01

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Bukhanevych O., Ivanovska A. Contitutional control as a type of state control: contents and functional characteristics

Alexander Bukhanevych¹,

Alla Ivanovska²

Abstract: Вища рада правосуддя -самостійний орган судової владиУкраїни!? . . . 9 Олександр Буханевич, доктор юридичних наук, професор, заслужений юрист України, завідувач кафедри конституційного, адміністративного та фінансового права Хмельницького університету управління та права імені Леоніда Юзькова ORCID 0000-0003-3718-9428 Алла Івановська, кандидат юридичних наук, доцент, професор кафедри конституційного, адміністративного та фінансового права Хмельницького університету управління та права імені Леоніда Юзькова

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2023

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Public control over the relocation of strategic objects of state ownership

Yara,

Hulak,

Danyliuk

et al. 2023

Law. Human. Environment

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The relevance of the chosen study subject is due to the fact that the full-scale invasion of the Russian Federation in Ukraine caused the need to move enterprises, especially strategic objects of state ownership, from the zone of active military operations to safer regions. Therefore, there is a need to make adjustments to the field of public control over objects of strategic importance for the economy, security, and life of the country in a difficult time for it. The purpose of the study is to determine the state of public control as a regulation of the relocation process in the legal context of regulatory support and suggest improving state regulation, considering the existing norms of national legislation, regulatory acts, and programmes. In the process of writing the study, general scientific and special methods were used, such as: analysis and synthesis, deduction and induction, formalisation, formal legal, comparative legal, and the method of legal modelling. As a result of the study, the legal regulation of public control of relocated strategic objects in the system of existing relocation procedures is analysed. Doctrinal and legislative approaches to the interpretation of control, public control, strategic enterprises, and relocation itself are described. Features of international support for the relocation of Ukrainian enterprises to safer regions are considered. The main methods of optimising the relocation process have been identified, emphasizing the necessity to legislatively define the process itself and the related concepts. Additionally, the regulatory framework for public control over strategic enterprises has been elaborated upon. The necessity to establish a special legal regime for public control over relocation is justified. The practical value of the results obtained lies in the fact that they can be used in the development of new regulatory legal acts that will determine the proper legal mechanism in one codified act on the relocation of businesses from non-safe territories.

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Public control over the relocation of strategic objects of state ownership

Yara,

Hulak,

Danyliuk

et al. 2023

Law. Human. Environment

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Activity of public administration as an object of judicial control

MYKHAILOV

2023

Econ. Fin. Law

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The purpose of the paper is to determine the place and features of judicial control over the activities of public administration among other types of state control. It has been established that control over the activities of public authorities includes the activities of legislative and executive bodies, their territorial bodies, state collegial bodies, local state administrations, local self-government bodies, the court and the prosecutor's office with regard to monitoring compliance with legal requirements (precepts, norms) and preventing their violations in the future Judicial control in this context acts as a special type of control in the activities of public authorities, the peculiarity of which is that it is not carried out on a permanent basis or systematically, such as control by specialized control bodies, but only in the process of considering administrative cases. Depending on the type of judicial jurisdiction, such types of judicial control were distinguished as general judicial control, or control carried out by general courts during the consideration of criminal, civil and administrative cases; specialized judicial control, or control carried out by specialized (administrative and economic) courts; constitutional judicial control, or control carried out by the Constitutional Court of Ukraine as the only body of constitutional jurisdiction. It was determined that the grounds for conducting judicial control over the activities of the public administration should be of a purely legal nature, i.e. checking the legality, the state of compliance with the rights and freedoms of citizens, etc. It has been established that today the creation of advanced forms of judicial control is a necessity arising from the objective needs of a civilized and democratic society. This type of control contributes to increasing the level of legal protection of citizens and serves as a criterion for assessing the legality of actions of state bodies.

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Bukhanevych O., Ivanovska A. Contitutional control as a type of state control: contents and functional characteristics

Cited by 2 publications

References 0 publications

Public control over the relocation of strategic objects of state ownership

Public control over the relocation of strategic objects of state ownership

Activity of public administration as an object of judicial control

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