«CONCEPTS OF BODIES

OF EXECUTIVE POWER

AND THEIR

CLASSIFICATION»

Виконали: студентки

спец.6508/1, 1 групи

Береговенко Алла

Довгань Єлизавета

Морозюк Аліна

Bodies of executive power - it is formed, in accordance with a law, collective

link of state machine, which functionally carries out on foundation and on

implementation of laws and sub law acts executive and prescriptive activity in

measures and in a method that determined character of their jurisdiction.

It is devoted to executive power and system of its bodies an item VI of

Constitution "The Cabinet of Ministers of Ukraine. Other bodies of executive

power".

BASIC SIGNS OF BODIES OF

EXECUTIVE POWER

Executive Authority originally is an organization –

community – of civil servants. The power and responsibility are

allotted to this community (its structural departments).

• Each executive authority has its name and privileges to use

state attributes

• It is a variety of state bodies, most considerable part of state

machine.

• They are created by the state legally in the set order especially

for realization of it administrative functions - functions of state

executive power (provide actual realization of this power).

• The special purpose of these bodies is realization of executive-

prescriptive (administrative) activity by direct everyday guidance

by an economy, socially cultural and administratively political

building.

BASIC SIGNS OF BODIES OF

EXECUTIVE POWER

• Every body allotted by state imperious plenary powers, has a certain volume of rights and

duties in the field of state administration. The activity of these bodies has the

secondary, sub legislative, executive prescriptive character , because they carry out the

functions on foundation and on implementation of law. But, realizing the jurisdiction,

executing laws, bodies have plenary powers on concrete questions and accept sub

legislative normative acts.

• To executive public authorities is inherent organizationally structural separation and

executive independence of actions in certain territorial limits or brunches.

• Every executive public authority is a subject of public domain, which maintained due to

the State budget.

• It has a status of legal entity, it is the independent participant of administrative and

legislative relations.

• There is a hierarchical subordination in the system of these bodies, they simultaneously

can be as a subject and as an object management.

• Bodies of executive power are under general control of legislative power and direct

control of tht President of Ukraine.

PRIMARY OBJECTIVE OF BODIES OF

EXECUTIVE AUTHORITIES (BEA)

The primary objective of bodies of executive power is predefined by its

social setting and special position in the system of distributing of power - high-

quality implementation of tasks and functions of state administration. Thus, the

functions of executive power are determined by aims and functions of state

administration.

Yu. M. Starilov marks that essence of functions of

executive power appears at the analysis of its results which

are achived at in the process of realization of this power.

FUNCTIONS OF BODIES OF EXECUTIVE

AUTHORITIES (BEA)• executive (enforcement of law) function - function of implementation of laws;

• remedial function;

• socio-economic function, that is creating conditions for development of economic

building, socially cultural and administratively political management, yet this

function can be named providing, as it is directed on providing of welfare of

population;

• function of providing of legality and observance of constitutional order in the state;

• a regulative function within the framework of which carried out: guidance, control,

co-ordination, planning, account, forecasting in the state;

• norms creating function within the framework of which the bodies of executive

power carry out acceptance of sub lagislative normative acts;

• a protective (jurisdictional) function means that the bodiess of executive power are

provided with plenary powers in relation to application to the legal and physical

entities of state compulsion.

Legislative support

competence BEA

The competence of the executive power is determined separately for each

part of the system of executive power.

In accordance with paragraph 12 of Article 92 of the Constitution of

Ukraine are determined by the laws of Ukraine organization and activities of

the executive.

The general principles of competence and functions of the Cabinet of

Ministers of Ukraine defined in Article 116 of the Constitution of Ukraine, and

in full - the Law of Ukraine "On the Cabinet of Ministers of Ukraine".

The powers of ministries and other central executive authorities set out in

the relevant provisions of these bodies.

The competence of local state administrations defined in Art. 119 of the

Constitution of Ukraine and the Law of Ukraine "On local state

administrations"

Classification of BEA

The scope and nature of competence

The procedure issues

Subject orientation competence

The volume of office in the territory

Character authority

Place in a system BEA

Classification of BEA

The volume and nature of competence:

- general competence ( local administrations);

- sectoral competence (Ministry of Interior, Ministry of Defense, Ministry of

Education and Science, Ministry of Industrial Policy of Ukraine);

- special competency (inter) (Ministry of Economy and European Integration,

Ministry of Finance and others);

CLASSIFICATION OF CEA

From the order of decision of questions:

à) collective bodies, that organizationally and the legally

designed in groups of persons, to whom belongs the

priority to accept decisions on all basic questions of

jurisdiction of these bodies. The collective bodies made

decision by majority of voices of their members.

Collective nature enables to solve complicated problems,

which are determined polysubjectivness of analytical

realization, and consequently accompanied co-operation

of persons with possibility of generalization of experience

each of them. Such bodies are the Cabinet of Ministers of

Ukraine, different committees, etc.

b) undivided authorities, which are headed by one person, provided with plenary

powers to make decision on all questions in jurisdiction of this body. Undivided

authority provides the efficiency of guidance, use of individual capabilities and

experience of leaders, promotes their personal responsibility for body's

performances.

CLASSIFICATION OF CEA

From the subject of jurisdiction:

- bodies of management of economic sphere;

- bodies of management of social and cultural sphere;

- bodies in administrative and political sphere;

From the volume of plenary powers for territories:

- central (KMU, ministries, committees);

- local (state administrations);

CLASSIFICATION OF CEA

CLASSIFICATION OF CEA

From character of plenary powers:

ministries,

state committees (government services),

central bodies of executive power, with the special status

(for example, Antimonopoly committee of Ukraine, Main

administration of government service of Ukraine, State commission on

adjusting of markets of financial services of Ukraine, State commission

on securities and fund market, State committee of statistics of Ukraine,

Government custom service of Ukraine, State tax administration of

Ukraine, and etc.)

CLASSIFICATION OF CEA

Ranged in the system of bodies of executive power:

- High and Low.

Executive power in Ukraine is carried out in obedience to

an item by 113 of Constitutions the Cabinet of Ministers of

Ukraine.

It is a higher body in the system of bodies of executive

power, which is the Cabinet of Ministers of Ukraine,

ministries and other central bodies of executive power and

local state administrations.

As a higher collective body in the system of bodies of executive power the

Cabinet of Ministers carries out an executive power directly and through the central

and local bodies of executive power, directs, co-ordinates and controls activity of

these bodies.

LOCAL SELF-GOVERNMENT

• — it is a right and real ability of territorial society — habitants of village or

voluntarily association in rural community of habitants of a few villages, settlement

and city, — independently or under responsibility of bodies and public servants of

local self-government to decide the question of local value within the limits of

Constitution and laws of Ukraine

PRINCIPAL REASONS OF LOW

EFFICIENCY OF EXECUTIVE

POWER Inconsistency of actions of different executive structures, inconsequence and

contradiction of decisions, low executive discipline;

Duplication of related functions by different bodies;

Overconcentration of functions of management on the higher stages of executive power;

unbalanced regional policy;

inaccessibility of bodies of executive power for control by society;

corruption and economic criminality in state structures, and also low prestige of government service in Ukraine

RESULTS OF ADMINISTRATIVE

REFORM ON CENTRAL LEVELS

The system of

bodies of

executive power is

optimized

The system of acceptance of governmental decisions is reformed

The checking and supervision system is reformed

New Law of Ukraine is accepted "On Central Executive Autherities", the conflict of

functions and duplication is removed

The European approach is inculcated near tipologii of CEA: ministries (forming of public

policy), government services (grant of services), state inspections (control and

supervision), state agencies (property management) and regulators

Diminished the amount of CEA from 111 to 74

Ratified new positions about CEA

Liquidated 46 government bodies in the system CEA

Changed the Law of Ukraine "About Cabinet of Ministers of Ukraine"

The amount of members of the Cabinet of Ministers of Ukraine is diminished from 36 to

16

Diminished the quantity of workers of Secretariat of KMU on 50%

Liquidated governmental committees

The amount of supervisory bodies is diminished from 69 to 11

Reform of the system of the technical adjusting is begun

Started up the basis for optimization of food products system

security control

NEXT STEPS AND APPROACHES

IMPROVEMENT OF THE

SYSTEM OF

DEVELOPMENT OF

PUBLIC POLICY

Simplification of innets, diminishing of amount of

internal instructions, etc

Improvement of process of the strategic planning

Strengthening of possibility of ministries to the

analysis of policy

REFORMATION OF THE

SYSTEM OF GRANT OF

ADMINISTRATIVE

SERVICES

• Functioning of Register of administrative services

• Reduction of amount of certificates

• Mechanism of transparency of the use of money

Administrative Reform On Regional

Level

CO-ORDINATION OF

STATE

ADMINISTRATION

WITH MARKET

ECONOMY

•Liquidation of surplus functions

•Restructuring or privatization of state enterprises

•Removal of duplications between local state administrations

and territorial bodies of Central Executive Authority

•Outsoursing of state functions, competition in relation to the

grant of state services

•Optimization of amount of structural subdivisions for

realization of plenary powers

•Distributing of functions of bodies of local self-government,

which are carried out on the different territorial levels

•Differentiating of plenary powers of bodies of executive power

and bodies of local self-government in the field of grant of

state services

DECENTRALISATION

Ways of decision of basic problems of

central executive power

Thus, it is possible to formulate next suggestions in relation to subsequent

reformation of the system of Central Executive Authority (CEA) in Ukraine with

introduction of requirements of ES.

(Part 6: reformation of government service)

1. Effective implementation of law "On government service", being based on

European principles of state administration. Bringing to conformity with it the laws

"On Cabinet of Ministries of Ukraine", "About the central executive authorities"

and "About local state administrations", and also other laws and sub laws acts

which refer to government service.

2. Effective implementation of law "On service in the bodies of local self-

government", worked out on the basis of the European principles of state

administration and the best European experience, and in accordance with a law "On

government service". Bringing other laws, concerning service in the bodies of local

self-government, in accordance with law provisions "On service in the bodies of

local self-government". Development of the proper sub law acts.

Ways of decision of basic

problems of central executive

powerAcceptance and effective introduction of Administrative Code of Practice by

preparation and introduction of Plan of measures, directed on a revision and perfection

of particular administrative procedures.

Effective introduction of law "On administrative services", by means of creating

of new centers of granting administrative services and effective functioning of

operating centers.

In the moment we can talk only about acceptance of legislative acts, but not about

practical realization of this requirement.

In particular, law "On administrative services", and also orders of KMU 523-

r/2014 provide for:

- opening of the unified centers of granting of administrative services (farther -

CNAP) in regions and districts, in cities, settlements and villages which give

administrative services urgently;

providing of horizontal liasons between all CNAP in the city and providing to

inhabitants the possibility to get to services in any CNAP of the city without attachment

to the place of dwelling;

creating of the complete, exhaustive, detailed List of administrative services which

are given through CNAP with regulations of their grant.

RESUME

Within the limits of the jurisdiction the higher organs of executive power will

organize realization of domestic and external policy of the Ukrainian state; carry out

guidance and regulate a socio-economic sphere; provide unity of the system of

executive power; send and control activity of inferior organs of executive power; carry

out a property management regardless of its forms; develop and will realize the national

programs. But also it costs to pay attention on the questions of decentralization of

power. By principal reason of which there is an opposition in the East areas of the

Ukrainian State. Research of constitutional status of executive power in Ukraine is

utterly an important and necessary task and on a prospect. There is no need to abandon

the terms of transparency and accountability of EA.

In future for Ukraine is utterly important question of optimization of organs of

executive power, bringing its structure over, to the European standards and

diminishing of amount of structural subdivisions (ministries, committees, agencies, and

others like that).

.

RESUME

Granting of greater autonomy and help in effectiveness to the local executive power.

Realizing of measures directed on mobility and efficiency of response.

Realizing of activity through electronic means (reception of appeals of c

itizens through sites of EA, e-mail, etc.)

Using of all possible means to alleviate access to services provided to

citizens by EA.

Completing the process of liquidation of Government registration service

and Government executive service, with the purpose of optimization of

EA.

Дякую за увагу!

Слава Україні!