Issues of Legal Organization of state power in the context of constitutional reform in Ukraine

The article highlights the most important issues of legal organization of public, particularly state power in the context of carrying out constitutional reform in Ukraine. Basic attention is concentrated upon the analysis of implementation of the principle of state power division into legislative, executive and judicial power as manifestation of the rule of law. Emphasis is put on a fact that principle of state power division in political system of Ukraine is certainly acceptable in the form of constitutional framework. However, despite provision of its definition in the Fundamental Law it was not consistently realized in organization of state power. Therefore, now the task of substantial reforms in public power including state power and local self-government is extremely relevant in society and state as well. In this regard, special attention is paid to consideration of the system of executive power. Multiple attempts to reform it were not successful. Recognition of the Verkhovna Rada of Ukraine as the only one body of legislative power in a state does not testify absence of certain difficulties, unsolved problems and crisis situations in its activity. The author considers that reforms in the Ukrainian parliament are not easier than reforms in the executive and judicial powers. However, there is some specificity in this matter including peculiarities of the Verkhovna Rada composition formation, creation of parliamentary majority (coalition) by results of elections, etc. To a large extent, condition of parliamentary system in Ukraine depends on availability of established and mature forms of democracy, institutions of civil society. Solution of issue as for system of executive power bodies is much more complicated. The Constitution determined only the basic parameters of their functioning taking into account a status of Ukrainian government and local bodies of executive power. It is possible to assert that legal organization of executive power is finished at that. Beyond the mentioned constitutional parameter there is a significant set of state bodies compared to central bodies of executive power (ministries, state committees). In such a way it is formed rather excessive centralization of executive power bodies. Hereby, local self-government stays aside. Therefore, it is underlined
in the article that reforms of executive power must be implemented by means of its decentralization, transfer of authorities from central, local and territorial bodies of executive power to local self-government. Analysis of judicial system testifies incompleteness and inconsistency of reforms. Instability of judicial legislation, especially concerning organization of judicial bodies, availability of bodies which control their activity, formation of the unified constitutional and legal status of
judiciary and such things made a small contribution to strengthening an independence of courts, administration of objective, impartial and fair justice by them.