Legal mechanism of state regulation and provision of publicity of constitutional process in Ukraine

Abstract

Problem setting. The relevance of this problem is determined by the importance of the publicity, transparency, openness, and accountability of the activity of governmental bodies and local self-government bodies in the implementation of public policy, availability, and openness of information for the citizens of Ukraine. The controversial attitude of the Ukrainian society to the reformation of public administration and a low level of public support, which is growing while the openness and transparency of the authority power bodies are increasing, should be pointed out. Constitutional changes shall be the tool for settlement of political and legal conflicts, guarantee the provision of public agreement and consensus in the society, since through constitutional changes the adjustment of the forms and methods of the state authority bodies’ activity is made.
 Recent research and publications analysis. The problem of the formation of the authority’s openness has been studied by such scientists as: A. Bukhanevych, E. Afonin, O. Babinova, I. Vasylenko, Yu. Habermas; the problems of the modern constitutional process and its reformation have been studied by such scientists as V. Bakumenko, L. Prokopenko, V. Tatsii, O. Sushynskyi, Yu. Shemshuchenko, and others.
 Highlighting previously unsettled parts of the general problem. Although the problem of the publicity of the state authority bodies has been studied to some extent, there is the understanding of the mechanism of public administration and a great number of publications regarding the constitutional process from different points of view, we still have no complex research of the legal mechanism of the state regulation and provision of the publicity of the constitutional process in Ukraine.
 Paper main body. According to the scientists, the principle of publicity of the constitutional process has several aspects. Firstly, it is the openness, that is the provision of information for the society about the planned reforms, the process of their implementation at different stages, free access of the public to the information about the content of reformation, assessment of constitutional innovations, and forecasts of the national and international expert community. For such information cannot be classified as a state secret. The second aspect of the principle of publicity determines the role of the constitutional process as the tool for the promotion of public interests – the interests of the country, people and nation, which directly correlate with the provision of the country’s sovereignty. Thus, the publicity of the constitutional process must contain three interrelated principles of proper governance – transparency, openness and accountability. It means the understanding and awareness by the society of the aims and consequences of the processes, access to the information necessary for their understanding, the possibility of participation of different groups of the society, institutions of civil society, political parties, etc. in the process of the development, change and interpretation of the constitutional norms and other legal norms according to the constitution and under the set procedure at different stages.
 The legal mechanism of state regulation and provision of the publicity of the constitutional process in Ukraine can be defined as the complex of interrelated legal means necessary and sufficient for the understanding and awareness by the society of the aims and consequences of the constitutional reforms, access to the information necessary for their understanding, the possibilities of participation of authorized subjects, different groups of the society, institutions of the civil society, political parties, etc. in the process of the development, change and interpretation of the constitutional norms or other legal norms according to the constitution and under the set procedure at different stages.
 Conclusions of the research and prospects for further studies. The development of the methods of public administration regarding the content of the legal mechanism of the state regulation and provision of the publicity of the constitutional process in Ukraine are in the process of formation. The formation of the methods of approaches to the understanding of the category “publicity” in the public and governance relations, determination of the constituents, stages and subjects of the Constitutional process in Ukraine, special features of its implementation, and legal support of all stages can be added to the prospect of further research in this direction.