Abstract
Public control is an important mechanism for influencing upon public authorities. Its effectiveness ensures social participation within public administration indeed. The effectiveness of public control depends on the quality of its legal regulation and, in particular, upon perfection of mechanisms for public control. Numerous shortcomings of the existing mechanisms for exercising public control are primarily considered due to the legal uncertainty of the guarantees on public control. After all, the guarantees on public control ensure proper functioning of the institution of public control and the effective implementation of the legal status of individuals in the field of public control and the entire social sphere in general. Without their comprehensive analysis, including clarification of its legal nature and essence, it is impossible to build, describe in detail and consolidate legislatively the system of guarantees on public control. Within the frame of the study it has been found that the legal nature of the guarantees on public control and the specifications of their essence largely depend upon the kind of content that is embedded into the concept of the law. The author also believes that the most accurate way to reveal the nature of legal guarantees seems possible with the help of instrumental theory of law, namely being the key concept of “legal means”. In this article the emphasis is stressed onto one of the main reasons for the existence of controversial points and differences in the understanding of legal guarantees, including public control, where there is the ambiguity for the basic category, i. e. “guarantee”. The article also formulates definitions of legal guarantees in the most general sense, as well as from the standpoint of instrumental theory of law. As a result, the author’s understanding of legal guarantees on public control has been introduced.
Highlights
Social changes in Ukraine, in particular related to European integration processes, the development of civil society and the strengthening of democratic institutions have led to the transformation of relations between the state and the individual
It should be noted that the main condition for the real participation of citizens in public administration is effective public control (Orel & Smagliuk, 2018)
The overall realization of the right to participate in management of public affairs depends on whether the community has effective mechanisms for influencing public authority (Karmaza, 2018)
Summary
Social changes in Ukraine, in particular related to European integration processes, the development of civil society and the strengthening of democratic institutions have led to the transformation of relations between the state and the individual. Being an integral part of the constitutional and legal status of human and citizen, public participation in public administration is one of the defining features of the civil society and legal democratic state. Despite the importance of public control within the democratization of public institutions, the legal regulation of the relevant sphere of public relations is not of high quality This is primarily due to the imperfection of existing mechanisms for public control. Legal uncertainty of the guarantees on public control creates, first of all, problems in law enforcement: these are gross errors in the application of some rules of law, and the impossibility of implementing other ones This unresolved issue makes it impossible to improve qualitatively legal regulation of the relevant sphere of relationships, including mechanisms for public control. It should be noted that the legislative consolidation of guarantees of public control is to have positive impact upon the effectiveness of public participation in public administration, as well as on the stage of human rights and freedoms ensuring
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