Bodies Of Executive Power Research Articles

REGULATORY AND LEGAL ENSURING OF OUT-OF-SCHOOL EDUCATION INSTITUTIONS FUNCTIONING IN UKRAINE (1991-2022)

The article characterizes the main normative legal acts of the period of independence of Ukraine, which regulate the functioning of out-of-school education institutions. It was revealed that there are several levels of institutions that are entrusted with the tasks of care for extracurricular education institutions. This is, in particular, national (central bodies of executive power, state institutions of out-of-school education); regional (bodies of local self-government (regional, district, village, settlement committees), local state administrations, community bodies of united territories and adjacent structural subdivisions); local (responsibilities fall directly on the director, and educational activities are provided by the pedagogical council, methodologists, teacher-organizers, group leaders, etc.).It is summarized that at all levels there is a coordinated, coordinated work of all institutions that complement each other's activities, embodying a systematic and competent approach Analyzing the activities of the outlined institutions during the period of Ukraine’s independence, we identified certain trends in the development of leisure activities for children with special educational problems offered by these institutions.Special attention was paid to the recognition of inclusion at the legal level, which contributed to the implementation of the model of integrated and inclusive education of children with special educational needs in general and extra-curricular educational institutions.

Regarding the theory of demarcation of competences of local executive bodies and local self-government bodies

The article is devoted to the coverage of certain theoretical issues regarding the delimitation of the competences of local public authorities. Attention is focused on revealing the terminological features of the category’s «competence», «powers», «functions» of executive power bodies and local self-government bodies. The author focuses attention on certain features of the demarcation of competences of local executive bodies and local self government bodies.It is stated that the development of local self-government as a direct form of manifestation of public activity of the population and a free, democratic way of organizing public power is an integral part of administrative reform in Ukraine and state building in general. It was determined that the very question of delimitation of competences is quite problematic, because it is practically impossible to delimit the functions of bodies that carry out a single administrative activity (public authority) on the ground. First of all, because local state administrations and local self government bodies perform a kind of general management function, they face a common task - the implementation of the most effective management of territories. The implementation of this task requires both management centers to have such functions as regulatory and managerial, communicative, control, informational, normative, organizational and institutional and a number of others.It is argued to take as a basis the principle of control, which should be carried out in such a way that the degree of intervention of the controlling body is proportionate to the importance of the interests that this intervention should protect when delineating the competences of local self-government bodies and local state authorities.It was determined that the current state of demarcation of competences between local executive bodies and local self-government bodies in Ukraine is not in a very good condition, which is due to some problems, namely: the incompleteness of the administrative reform; inheritance of a centralized model of public administration; the imperfection of the current legislation in the field of local public authorities, which leads to numerous conflicts in the delimitation of competence between local executive bodies and local self-government bodies. It is emphasized that the current stage of administrative reform and local self-government reform is aimed at legislative improvement and strengthening of the legislative framework in the sphere of public authority in Ukraine.

The role of executive authorities and local self-government in the sphere of ensuring the energy efficiency

The purpose of the paper is to determine the role of executive power bodies and local self-government bodies in the field of energy efficiency. Disclosure of the specified problem is possible only in the complex, therefore, the analysis was carried out from the standpoint of regulatory and legal support and the socio-economic plane. To achieve the goal, both special and general scientific research methods were used. The paper analyzes the normative and legal framework regarding the specified issue. The performed analysis allows us to state that Ukraine has a fully formed legislative complex for the implementation of energy-efficient systems. Currently, there is a clear differentiation of the functions and powers of the executive power bodies and local self-government bodies. Central and local bodies of executive power have organizational, corrective and control functions. In particular, the National Energy Efficiency Action Plan is developed and adjusted by the central bodies of executive power, adjustments are made if necessary, and its implementation is monitored. In fact, the National Energy Efficiency Action Plan is the document that defines the key guidelines of the state in the field of energy efficiency. Purposeful activity of the state in this area is conditioned by both the current political and economic situation and the European vector of development. Local self-government bodies play a leading role in the field of energy efficiency. Taking into account the processes of decentralization, it is at the community level that plans and programs in the field of energy efficiency are implemented. It should be noted that acting as the main subject of the implementation of energy-efficient systems, communities receive the largest share of benefits in the socio-economic plane. The implementation of the action plan on energy efficiency is possible only under the conditions of the created system of cooperation and interaction of different levels of power structures.

National council for recovery of Ukraine from the consequences of war: to the scientific controversy about legal status

National council for recovery of Ukraine from the consequences of war: to the scientific controversy about legal status

Constitutional and legal problems of the development of parliamentarism in Ukraine in the context of decentralization and territorial governance reform

Constitutional and legal problems of the development of parliamentarism in Ukraine in the context of decentralization and territorial governance reform

Features of the legal status of sports federations in Ukraine

Introduction. Sport is an autonomous system that includes a huge array of various public sports organizations connected by complex relationships, the central place among which is occupied by sports federations. The purpose of the paper is to determine the specifics of the legal status and areas of activity of sports federations in Ukraine. Results. Results. The Law of Ukraine "On Physical Culture and Sports" provides for the delegation of powers for the development of the relevant sport, organization and holding of official international and all-Ukrainian sports competitions on the territory of Ukraine, etc. to public associations of physical culture and sports orientation. At the same time, it is difficult to talk about the complete autonomy of sports federations, since the sports federation, among other things, ensures cooperation with the structural units of local state administrations and local self-government bodies regarding the development of the respective sport; agrees with the Ministry, relevant local bodies of executive power and local self-government bodies on the issue of holding international sports competitions on the territory of Ukraine; implements and demands the same implementation from its members of the decisions of the Ministry, relevant contracts with local executive bodies in the field of physical culture and sports; submits a report on the use of budget funds in case of financial support from the state budget to a sports federation for the development of a sport, organization and holding of sports events; is obliged to submit a report to the Ministry on the state of implementation of the cooperation agreement, etc. every year. The peculiarity of the legal status of sports federations in various sports is that they can be created only as non-commercial organizations. At the same time, sports federations can independently or through legal entities created by them carry out entrepreneurial activities, if such activities are not their main activity and correspond to the purpose for which they were created and contribute to its achievement. Conclusion. The legal status of sports federations is hybrid. On the one hand, they are accountable to the central body of executive power - the Ministry of Youth and Sports of Ukraine, and on the other hand, they are autonomous and independently determine the directions of their activities, including: organization and holding of competitions; approval of internal documents and their implementation; implementation of the system of certification of clubs, coaches and other specialists in the field of sports; establishment of institutions, enterprises and organizations to achieve their statutory goals and objectives, participation in civil-law relations, acquisition of property and non-property rights; determination of the mechanism for resolving sports disputes.

Bodies of representative and executive power as subjects of constitutional control

The article analyzes the activities of representative and executive power bodies to ensure constitutional legality in the state. It is emphasized that in this direction can not rely only on the Constitutional Court, as other subjects of power, including bodies of general competence, have the corresponding duties. A number of proposals were made to improve the legislation and practice. Special attention is focused on the built up system of bodies of representative power, at the top of which now is the All-Belarusian People’s Assembly. The key idea of the modern constitutional course is to strengthen the rule of the people, to expand the representation of the people in the bodies of state administration.

Features of the initial stage of digitalization of the executive authority of Ukraine: historical and legal overview

The article is devoted to the historical and legal analysis of the specifics of the process of primary digitization of the executive power in modernization in modern Ukraine (1993–2003), highlighting the main legal patterns of such a process. It is shown that the digitalization of the executive power has become a component of the only, in fact, process of digitalization of the public administration system in Ukraine, which covered all spheres, levels and segments of the functioning of state authorities and their interaction with citizens and society as a whole. Being a legal process, such digitization naturally required proper legal regulation both at the stage of introducing innovations regarding the use of ICT in the field of organization and activities of the executive power, and at the stage of implementing these innovations. The early stage of digitalization became the stage of informatization of the executive power in the context of the constitutional and legislative institutionalization of the executive power, when only the first legal steps regarding the initial digitalization in the context of the informatization of public administration were outlined. It is highlighted that this process continued within the stage of primary digitalization (1993–2003) without a clear conceptual vision of its political and legal essence, specificity and purpose of digitalization of the executive power, and its deployment in these conditions coincided in time with the unfinished institutionalization of the system of executive power bodies in Ukraine, which was determined first by the incompleteness of the constitutional process and the conceptual ambiguity of the constitutional model of the executive power system institutionalized in Ukraine (until 1996), and later by attempts to combine the digitalization of the executive power with attempts to reform it within the framework of the administrative reform paradigm (since 1998). It has been found that the key directions of digitalization of the executive power within this stage were the following: creation of the primary legal basis of digitalization; legitimization of informatization of state administration as one of the key functions of executive authorities; creation of the National Agency for Informatization under the President of Ukraine as an institutional center for the primary digitization of the executive power; legitimization of mandatory publication on the Internet of information about the activities of executive authorities; ensuring the functioning of websites of executive authorities of all levels on the basis of uniform standards, their unification and standardization; introduction of the Unified web portal of the Cabinet of Ministers of Ukraine, intended for the integration of official websites of executive authorities and placement of information resources in accordance with the needs of citizens; ensuring the coordination of work to ensure the functioning of the Unified web portal, its information content, technical support, support and establishment of regulations and standards for information exchange between its constituent parts; monitoring compliance with information protection requirements in information and telecommunication systems that ensure the content and functioning of official websites (web portals) of executive authorities and the Unified web portal; outline as a prospective task of the transition to a paperless (electronic) form of document circulation in the bodies of executive power.

The Influence of Martial Law on the Activities of the Cabinet of Ministers of Ukraine and Military Administrations

The relevance of this topic is determined to the fact that during the introduction of the legal regime of martial law, the activities of public authorities, in particular the executive, have certain peculiarities/ On February 24, 2022, the President of Ukraine, based on the proposal of the National Security and Defense Council of Ukraine, in accordance with clause 20, part 1 of Article 106 of the Constitution of Ukraine and the Law of Ukraine "On Legal Martial Law" introduced the martial law regime in connection with the invasion of the Russian Federation in Ukraine, which stipulate for changes in the work of executive authorities, in particular the Cabinet of Ministers of Ukraine, and cause to the formation of military administrations. The purpose of the article is to study of the legal nature of the martial law regime and the procedure for its introduction, to reveal the main peculiarities of the activities of the executive authorities, in particular the Cabinet of Ministers of Ukraine and military administrations, during the introduction of the martial law regime, as well as the study of their interaction with each other. Achieving the outlined purpose became possible for the application of the used complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the legal regime of martial law and its conduct, determination of the order of formation and functions of military administrations, analysis of the peculiarities of the activity of the Cabinet of Ministers of Ukraine), the formal-legal method (for establishing the content of legal norms), the formal-logical method (to identify deficiencies in national legal regulation), the comparative-legal method (to study the experience of other countries and determine the procedures for introducing the legal regime of martial law), communicative method (to determine the influence of the Cabinet of Ministers of Ukraine on military administrations and to analyze the directions of their interaction). The review of the current legislation of Ukraine and the legislative acts of other countries regarding the procedure for conducting and legal regulation of the martial law regime are analyzed. The nature of the emergence of military administrations has been analyzed, and it has been found that they are temporary bodies of executive power for the period of martial law. It is noted that is placed on their powers to ensure law and order and support the country's defense capability in the settlements under their control. The peculiarities of the activity of the Cabinet of Ministers of Ukraine during the period of martial law were studied. The directions of interaction between the military administrations and the Cabinet of Ministers to ensure the functioning of all areas of the country's life have been clarified. According to the results of the study on avoiding any divergence in law enforcement approaches in the future, separate proposals were made to strengthen the accountability of the military administrations of the Cabinet of Ministers of Ukraine.

Organizational and legal directions for improving the normative activity of the central bodies of the executive government

The article examines the organizational and legal The article examines the organizational and legal directions for improving the rule-making activity of the central executive bodies, aimed at increasing the level of systematization of the rule-making activity of the central executive bodies, improving the level of qualification of rule-makers, strengthening the process of coordination and control over this activity.
 The improvement of rule-making activity is evaluated in the context of the administrative reform carried out in Ukraine for a long time, as a result of which a system of executive power bodies was formed in Ukraine, in which ministries are singled out as central bodies of executive power that form and implement state policy in the relevant spheres of state administration, and others central bodies of executive power that perform separate functions for the implementation of state policy. Special attention is paid to the analysis of changes in the powers of the Ministry of Justice in the sphere of rule-making activities during the administrative reform and their current state in terms of powers regarding the state registration of normative legal acts of ministries and departments, ensuring the preparation of proposals to bring the legislation of Ukraine in line with the principles and standards of the Council of Europe, its integration into the system of international law, and powers to coordinate the work of ministries and other central bodies of executive power on the specified issues.
 Measures are being considered to ensure proper training and increase the level of qualification of normative drafters involved in the development of normative acts of central executive bodies. The necessity of introducing the State program for the training of normative designers for various levels of state authorities, which would provide for all the necessary aspects of the training of normative designers, is substantiated.
 The issues of improving the methodology for conducting the examination of normative acts of central executive bodies, improving the procedure for conducting public examination by civil society institutions, public councils under executive authorities, conducting consultations with the public on the preparation and adoption of departmental regulatory acts.

The role of the state in the organization of tourism business: international and Ukrainian experience

The purpose of the study is to highlight the key factors that justify the need for state regulation of tourism, which in turn today has not only a local, but also a global impact on socio-economic processes in various countries of the world. In addition, the task is to generalize world experience regarding priority areas of activity in the field of tourism. The methodology is based on the fundamental provisions of economic theory, international economics, and management, which are used during the study of the factors of influence of international tourism on the development of countries. Such methods as methods of quantitative and qualitative comparison, correlation analysis, methods of observation, analysis and synthesis, evaluation, modeling were used. Scientific novely. In most countries, the multifaceted impact of tourism on the economy is regulated by a specially created central body of executive power. However,the level of state regulation of the tourism sphere is heterogeneous in different countries of the world and depends on the level of their economic development. This circumstance is the reason for the emergence of several basic models of state regulation in the field of tourism, based on the study of which it is possible to trace certain regularities in the organization of the tourism business. That is why it is important to analyze the experience of state regulation in foreign countries from the point of view of the possibility of its further adaptation to the domestic practice of organization, management and regulation of tourism in Ukraine. Conclusions. It was shown that the tourism policy of all the mentioned countries, regardless of the chosen model of state regulation, is aimed at strengthening the tourism economy and increasing the economic efficiency of this branch of the national economic complex. And the final positive result of such a policy largely depends on the effectiveness of management decisions and the authorities’ interest in their further implementation for the sustainable development of the tourism sector.

Planning the development of rural areas: collisions of regulatory and legal support

The reform of the territory management system in Ukraine significantly expanded the powers of local authorities to increase their capacity to solve a number of socio-economic problems of rural areas. Both approaches to development planning and the document flow of its support has been changed. The purpose of the study is to identify inconsistencies in the legislative and regulatory framework regarding the requirements for the development of planning documents for the development of regions and territorial communities, as well as to develop proposals for their elimination. It was established that the corresponding update of legislation combined the classification features of the new and the old: the number of types of documents that should be formed by local self-government bodies has been increased and the scope of development coverage has been expanded. Believe that this overloads the document flow structure in strategic planning. It was established that using the program-target approach which was introduced in the budget process does not apply to the entire system of planning documents for the development of regions or territorial communities and has a recommendatory character. The need of regulating civil participation in the strategic planning of territorial communities was confirmed by strengthening the status of such a norm by enshrining it in legislation, as well as the transition from the level of informing the public to strengthening the ability to implement joint decisions and developments. In the course of research was revealed duplication of norms, inconsistency of terms of validity of strategic regional development planning documents, lack of uniform procedures for creating development programs, which have been forming by executive power bodies and local self-government bodies. The obsolescence and inconsistency of the norms of the Law of Ukraine "On state forecasting and development of economic and social development programs of Ukraine" in relation to the Law of Ukraine "On the principles of state regional policy" regarding the construction of a hierarchy of program documents for the development of territorial communities was noticed. The expediency of establishing the powers of formation and implementation of local target programs by local self-government bodies, standardizing the procedure for their development and monitoring of implementation has been substantiated. It is proposed to supplement the Law of Ukraine "On the principles of state regional policy" in terms of requirements for the formation of forecasts and program documents of economic and social development at the state and regional level; finalize the Procedure of developing, approving, implementing, monitoring and evaluating the implementation of strategies for the development of territorial communities in terms of increasing the responsibility of officials for not ensuring the conditions for citizen participation in strategic planning; develop methodological recommendations regarding the procedure of development, approval, implementation, monitoring and evaluation of the implementation of local development programs, local (regional) development projects. Key words: regulatory and legal support, Local Government, strategic management and planning, territorial communities, management of community potential.

Legal regulation of the activities of local executive government bodies

The formation of a coherent and effective system of state power is the key to the establishment of Ukraine as a democratic, social, legal state. Local bodies of executive power are at the level closest to citizens, and therefore their organization and competence must be appropriate and sufficient to satisfy the public interest. The socio-economic and political state of the country primarily depends on the results of the activities of these bodies. Local state authorities extend their activities to a specific administrative-territorial unit. The main principles of legal regulation of the activities of local executive bodies are determined by Articles 118 and 119 of the Constitution of Ukraine and the Law of Ukraine «On Local State Administrations». Legal regulation of the activities of local executive bodies is carried out on the basis of subordinate legal acts. Local state administrations in their activities are also guided by the relevant Regulations. Thus, the Regulations of the Lviv Regional State Administration regulate organizational and procedural issues of the internal activity of the regional state administration. The main tasks of structural subdivisions of local state administrations are stipulated by the Regulations on the relevant structural subdivisions. In order to effectively plan activities, local state administrations annually approve the Work Plan for the preparation of draft regulatory acts, the Plan-schedule of activities for the implementation of measures to monitor the effectiveness of adopted regulatory acts. Therefore, the legal regulation of the activities of local executive bodies is provided by the Constitution of Ukraine, and is also carried out at the level of laws and by-laws. At the same time, an important role is played by local legal acts that regulate the organization and planning of the activities of local executive authorities. The activity of local executive bodies acquired special importance during the period of military aggression of the russian federation against Ukraine, which in turn determines the clear and effective legal regulation of their activities.

PROGRAM-TARGET APPROACH TO THE IMPLEMENTATION OF MANAGEMENT PROCESSES IN THE RENEWABLE ENERGY SYSTEM AT THE LEVEL OF THE REGION

The characteristic features and peculiarities of the development of the regional Program, which is formed to solve the problems of the development of renewable energy and the energy complex of the Luhansk region, are considered. A program-targeted approach was studied, which makes it possible to ensure the concentration of financial, material and technical, other resources, as well as the coordination of the activities of local executive bodies and local self-government bodies, territorial bodies of ministries and other central bodies of executive power, enterprises, institutions and organizations for the development solving the most important problems in the event that the specified problems cannot be solved by them on their own.
 The article presents the results of using the program-target management method in various regions of Ukraine, first of all, its features and advantages are shown: it makes it possible to carry out a full cycle of the management process - from setting the task to evaluating the result and effectiveness of budget expenditures.
 The research results showed that the programs contain a transparent monitoring, evaluation, control and decision-making mechanism, which allows to improve the decision-making system regarding the development, analysis, implementation of programs and resource allocation. The advantages of the program-target method have determined it as an important tool of result-oriented management.

COMMISSIONER IN CASES OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A PUBLIC SERVICE SUBJECT

The article defines and substantiates the legal statu of the Commissioner in the cases of the European Court of Human Rights according to the criteria and classifications presented in scientific sources. It has been established that the system of public positions, whose activities are aimed at ensuring and realizing the rights and freedoms of man and citizen in Ukraine, has not yet received a comprehensive and comprehensive study. Most institutes in this field work separately and unconsolidated. It was found that the rapid development of national legislation in the field of public service demonstrates, on the one hand, the European integration aspirations of our state to create an effective system of managers who solve problems both at the national and municipal levels, and on the other hand, the desire to consolidate all European innovations in the national legislation and the public service of Ukraine without any scientific (systemic) justification of their place and role in the already existing national system of public power. The analysis of the provisions of the current legislation on public service and scientific sources, which are devoted to the types of public service and the status of public servants in the system of executive authorities, made it possible to conclude that the position of Commissioner for the cases of the European Court of Human Rights belongs to political positions in the system of executive authorities. This is caused by the following factors: 1) the legal status of the Commissioner in the cases of the European Court of Human Rights does not correspond to the characteristics and requirements that are inherent and put forward to civil servants, persons in the patronage service and professional service; 2) the legislator has repeatedly equated the status of the European Court of Human Rights Commissioner with the status of the Deputy Minister of Justice of Ukraine, who is recognized by the Law of Ukraine “On Central Bodies of Executive Power” as a political employee in the system of bodies of executive power. It is proposed to enshrine the following definition in the national legislation: “The European Court of Human Rights Commissioner is a person who holds a political position in the Ministry of Justice, who is entrusted with the authority to represent Ukraine in the European Court of Human Rights during the consideration and resolution of cases of violations of the Convention on the protection of human rights and fundamental freedoms, on the coordination of the implementation of decisions of the European Court of Human Rights and on informing the Committee of Ministers of the Council of Europe about the progress of its implementation”.

Law-making authorities of executive government bodies as the legal basis of their law-making activity

The article examines the essence of the rule-making powers of the executive authorities, the limits of the independence of the executive authority in the exercise of its rule-making powers, the difference between the concept of «independence of the executive power in relation to other branches of government» and the concept of «operational independence of individual divisions of the executive authorities», as well as their interrelationships connection with rule-making activity.
 On the basis of the understanding of the rule-making powers of executive bodies as the powers to establish, change and cancel mandatory rules in the form of issuing bylaws, the conclusion that the rule-making powers of executive bodies are inseparable from their legal status is substantiated, the issue of their appointment as a means of implementation is considered by executive power bodies of their functions, tasks and powers, as well as the need for general control over the exercise of rule-making powers by executive power bodies from the legislative power. The question of the use of discretionary powers by the executive authorities is considered, as their powers to act at their own discretion, choosing from among several prescribed legal options for behavior the one that best meets the needs of achieving the management goal. The conclusion that the rule-making powers of executive authorities serve as the legal basis for rule-making activity and are carried out through rule-making activity is substantiated. By virtue of their importance and impact on social relations, on the rights and obligations of individuals, rule-making powers require the implementation of rule-making activities of executive authorities in a special legal procedural form, since for their rule-making activities it is important and necessary to observe the appropriate method, order and procedures of implementation , while observing the limits of competence. The need for regulatory regulation of the procedure for the implementation of rule-making activities of executive authorities, its high level of formalization, recording of its results, as an activity that is important for keeping executive authorities within their powers, observing the principle of the rule of law, protecting the rights and freedoms of the individual, is substantiated.

THE MAIN SUBJECTS OF THE IMPLEMENTATION OF THE YOUTH POLICY OF UKRAINE AND THE REGULATORY AND LEGAL REGULATION OF THEIR INTERACTION

The scientific article is devoted to researching the issue of regulatory and legal regulation and implementation of youth policy by the main subjects in Ukraine. The method of interaction between normative regulation and the implementation of youth policy by the subjects of youth policy is determined. A comparison of the concepts of subjects of youth policy implementation and subjects of work in the field of youth policy as a subject of youth policy implementation in general has been carried out. The goal of the formation and implementation of youth policy in Ukraine is given. The article reveals the conceptual and categorical apparatus of the topic, defines the concepts of "youth policy", "subjects of youth policy implementation", "normative and legal regulation". The significance of the state and state bodies in the field of formation and implementation of youth policy in Ukraine is given. The features of national and local programs of youth policy, as well as the normative legal acts that establish them, are determined. Public associations in the field of youth policy have been identified, in particular youth and children's public associations. The profile law in the field of youth policy in Ukraine is analyzed. The opinions of scientists regarding the interaction of youth policy subjects with normative consolidation in the context of youth policy implementation are given. The article contains an analysis of the laws of Ukraine and subordinate legal acts regulating youth policy in Ukraine. The scientific article defines the role of the Ministry of Youth and Disputes of Ukraine as the central body of executive power in the field of formation and implementation of youth policy in Ukraine. The article summarizes information about the importance of national and international organizations in the field of youth policy implementation and interaction with other youth policy subjects.

Управленческие правоотношения в структуре механизма административно-правового регулирования в сфере высшего образования

Introduction. In conditions of reforming higher school, developing public relations and extending the market of educating services, the relevant governing relations acquire more complex nature, which requires the comprehensive analysis of the activity of both the bodies of executive power and education institutions in their cooperation. Theoretical analysis. The broad diversity of the theoretical approaches to the understanding of the governing relations in the sphere of higher education and legal relations at universities, and specific features of cooperation between the participants of such relations enables the author to make a number of analogies with service relations. Empirical analysis. The author revealed that the disciplinary legal relations of positive type in the sphere of higher education determine the enhancement of efficiency of the public administration in the sphere of higher education. Results. The multiplicity of administrative legal relations in the sphere of higher education causes the terminological ambiguity in certain issues of the realization of the education programs of higher education. The content of these programs are currently not determined legislatively as providing state services. The existing approach to the legal regulation of control and supervisory relations in the relevant sphere has to be reviewed.

Some issues of normative and legal provision of administrative protection of the sphere of fuel and energy complex

The article is devoted to the study of regulatory and legal provision of administrative protection of the fuel and energy complex. It was determined that the administrative protection of the fuel and energy complex is an organizational and legal activity of public administration bodies, which is carried out to ensure the proper functioning of electric power, nuclear, coal, peat, oil and gas, and oil and gas processing complexes with the help of legally defined legal means.It has been established that the normative legal support is reflected in the set of normative legal acts of different legal force, the provisions of which regulate the sphere of administrative protection of the fuel and energy complex. It is noted that the coverage of the entire array of regulatory and legal acts from the specified direction is complicated due to their voluminous quantitative parameters. The gradation of normative legal acts was carried out depending on the subject of their impact on the substantive characteristics of the administrative protection of the fuel and energy complex by distinguishing: 1) normativelegal acts relating to the order of functioning of social relations related to the fuel and energy complex; 2) normative legal acts, which define the subjects of public administration and their powers to regulate public relations related tо the fuel and energy complex; 3) normative legal acts, which determine the procedure for bringing to administrative responsibility for violationsrelated to the functioning of the fuel and energy complex.The specifics of the functioning of the fuel and energy complex in a special period covering the time of the introduction of martial law were revealed. The list of public administration entities authorized to regulate public relations related to the fuel and energy complex primarily includes the bodies of executive power: the Cabinet of Ministers of Ukraine, the Ministry ofEnergy of Ukraine, the State Energy Supervision Inspectorate of Ukraine, the National Commission for State regulation in the spheres of energy and communal services.

The concept and genesis of powers, the mechanism of their regulation and legitimacy when established at the legislative level

The article is devoted to the disclosure of the concept of the theory of powers. Legitimacy of powers and consideration in their regulatory regulation of needs and interests of man and citizen, society as a whole is shown. It was found that the structural construction of the theory of the state and law requires the presence of relevant autonomous parts in its system, such an autonomous part is the theory of powers, which is a collection of reliable knowledge about powers. Authority is considered as a social phenomenon that manifests itself in modern relations of civil society, the delegation of the right to exercise certain rights and duties. It was determined that the powers in their content are a set of interrelated and interdependent rights and obligations. It was established that the legal structure of powers includes the duties of state bodies, public organizations, officials and other persons assigned to them in accordance with the procedure established by law. Powers are established in legal norms at both the legislative and sub-legal legal levels. It has been found that the term "authority" is used in various fields of law and is therefore considered general legal. Authority is defined as an element of a broader legal phenomenon - the system of law and the state. It was established that the authority has systemic and functional connections with the state bodies, through them the voters delegate the right to manage the state and society's affairs, these elements of the system are an integral part of the competence of the executive power bodies. The regularity of the use of the term "authorization" in the norms of not one, but all branches of law can be traced. It was determined that the general rule of recognition of the legitimacy of the powers of a government body or an official is that they acquire powers on the basis of compliance with all the requirements of the law, and act in the manner defined therein. A general definition of the concept of authority is proposed, as a general concept for the theory of law and the state, the content of which is a system of rights and obligations acquired in a legitimate way by the state, local self-government, state bodies and local self-government bodies, their officials, other subjects of legal relations in order to ensure the opportunities, needs and interests of a person and a citizen, individual social groups and society as a whole.