Удосконалення механізмів реалізації функцій Конституційного Суду України як органу державної влади з особливим статусом

Abstract

The article investigates the functions of the body of constitutional justice, their importance and influence on the functioning of the mechanism of public administration. The approaches to understanding the functions, powers and competencies of the Constitutional Justice body in the system of public authorities are analyzed and the analysis of existing legislation on this issue is carried out. It is determined that in the process of becoming statehood, in the organization and activity of the system of state bodies, the implementation of certain functions of the body of constitutional justice allows to ensure the stability of the functioning of the mechanism of state administration and balance among branches of government.The purpose of the article is to investigate the features of the functions exercised by the bodies of constitutional justice in Ukraine. The scientific novelty is to study and identify the functions of constitutional justice bodies, to determine their systemic nature, and to determine the significance of the implementation of functions by the body of constitutional justice as an element of the mechanism of public administration.The stability of the functioning of the mechanism of public administration, in addition to being based on the fundamental law, depends to a large extent on the internal equilibrium among the public authorities and their competence of independence. At the same time, due to historical conditions and political process, especially in the «young democracy» states, situations of conflict among state bodies of different branches of power, violations of the basic law, attempts of usurpation of power, etc., arise. In such circumstances, the body of constitutional justice, with its exceptional functionality and mechanisms, ensures the rule of law, political stability and balance of the mechanism of public administration.Taking into consideration that the body of constitutional justice is a special state body, it has a number of functions that are directly or indirectly reflected in the legislation. However, the greatest advantage of this body is that it is not restricted in applying solely legally defined levers and mechanisms for resolving specific issues. The disputes or interpretations of normative acts can be considered by them from the standpoint of the basic principles of the functioning of the state: the rule of law, priority of human and citizen rights, democracy, etc.In connection with the abovementioned, the characterization of the functions of a constitutional justice body makes it possible to understand the specificity of this body, its importance and place in the system of public authorities. In addition, by improving the functions of the constitutional justice body, it is possible to increase the efficiency of the activity of this state body and to ensure the stability of the functioning the public administration mechanism.