Legality of decisions of a public authority in Ukraine: to the question of the formation of judicial practice

Abstract

Practice of realization of state-imperious plenary powers of country's leader, certain a point 24 parts of the first article of a 106 Constitution of Ukraine, is analysed in the article, in relation to the appropriation of Ukraine of diplomatic grade of Emergency and Plenipotentiary Ambassador President, and also legal grounds and methods of privation of face of such diplomatic grade are certain. It is established that the presence of state power in a public authority means the possibility of adoption by him on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine, mandatory for the implementation of regulations. Such acts must be lawful, ie based on the right, on laws, otherwise - they must be recognized as illegal, unconstitutional. The authors substantiated the legal positions in the context of the following questions: a) whether it is legal to assign a diplomatic rank to a person who does not hold a position in the diplomatic service; b) whether the President of Ukraine has the right to assign the diplomatic rank of Ambassador Extraordinary and Plenipotentiary to the People's Deputies of Ukraine; c) whether the newly elected President of Ukraine has the right by his decree to cancel the decrees of his predecessor and, as a consequence, to deprive of the diplomatic rank of Ambassador Extraordinary and Plenipotentiary of the People's Deputies of Ukraine. In the article have substantiates the illegality of the Decree of the President of Ukraine «On Assignment of Diplomatic Ranks» of May 18, 2019 № 275/2019, instead have proved the legitimacy of the Decree of the President of Ukraine «On repeal of some decrees of the President of Ukraine» of September 11, 2019 №680 / 2019. In the article have concluded that decrees of the President of Ukraine must be lawful, objective, reasonable and motivated, which requires a certain format of their content from the rulemaker. The authors made proposals to improve the content of the decrees of the President of Ukraine. Key words: legal status, civil service, diplomatic service, diplomatic rank, diplomatic rank of Ambassador Extraordinary and Plenipotentiary.