Concepts of bodies of executive power and their classification

1. «CONCEPTS OF BODIES
OF EXECUTIVE POWER
AND THEIR
CLASSIFICATION»
Виконали: студентки
спец.6508/1, 1 групи
Береговенко Алла
Довгань Єлизавета
Морозюк Аліна

2. Bodies of executive power - it is formed, in accordance with a law, collective
link of state machine, which functionally carries out on foundation and on
implementation of laws and sub law acts executive and prescriptive activity in
measures and in a method that determined character of their jurisdiction.
It is devoted to executive power and system of its bodies an item VI of
Constitution "The Cabinet of Ministers of Ukraine. Other bodies of executive
power".

3. BASIC SIGNS OF BODIES OF
EXECUTIVE POWER
Executive Authority originally is an organization –
community – of civil servants. The power and responsibility are
allotted to this community (its structural departments).
• Each executive authority has its name and privileges to use
state attributes
• It is a variety of state bodies, most considerable part of state
machine.
• They are created by the state legally in the set order especially
for realization of it administrative functions - functions of state
executive power (provide actual realization of this power).
• The special purpose of these bodies is realization of executive-
prescriptive (administrative) activity by direct everyday guidance
by an economy, socially cultural and administratively political
building.

4. BASIC SIGNS OF BODIES OF
EXECUTIVE POWER
• Every body allotted by state imperious plenary powers, has a certain volume of rights and
duties in the field of state administration. The activity of these bodies has the
secondary, sub legislative, executive prescriptive character , because they carry out the
functions on foundation and on implementation of law. But, realizing the jurisdiction,
executing laws, bodies have plenary powers on concrete questions and accept sub
legislative normative acts.
• To executive public authorities is inherent organizationally structural separation and
executive independence of actions in certain territorial limits or brunches.
• Every executive public authority is a subject of public domain, which maintained due to
the State budget.
• It has a status of legal entity, it is the independent participant of administrative and
legislative relations.
• There is a hierarchical subordination in the system of these bodies, they simultaneously
can be as a subject and as an object management.
• Bodies of executive power are under general control of legislative power and direct
control of tht President of Ukraine.

5. PRIMARY OBJECTIVE OF BODIES OF
EXECUTIVE AUTHORITIES (BEA)
The primary objective of bodies of executive power is predefined by its
social setting and special position in the system of distributing of power - high-
quality implementation of tasks and functions of state administration. Thus, the
functions of executive power are determined by aims and functions of state
administration.
Yu. M. Starilov marks that essence of functions of
executive power appears at the analysis of its results which
are achived at in the process of realization of this power.

6. FUNCTIONS OF BODIES OF EXECUTIVE
AUTHORITIES (BEA)
• executive (enforcement of law) function - function of implementation of laws;
• remedial function;
• socio-economic function, that is creating conditions for development of economic
building, socially cultural and administratively political management, yet this
function can be named providing, as it is directed on providing of welfare of
population;
• function of providing of legality and observance of constitutional order in the state;
• a regulative function within the framework of which carried out: guidance, control,
co-ordination, planning, account, forecasting in the state;
• norms creating function within the framework of which the bodies of executive
power carry out acceptance of sub lagislative normative acts;
• a protective (jurisdictional) function means that the bodiess of executive power are
provided with plenary powers in relation to application to the legal and physical
entities of state compulsion.

7. Legislative support
competence BEA
The competence of the executive power is determined separately for each
part of the system of executive power.
In accordance with paragraph 12 of Article 92 of the Constitution of
Ukraine are determined by the laws of Ukraine organization and activities of
the executive.
The general principles of competence and functions of the Cabinet of
Ministers of Ukraine defined in Article 116 of the Constitution of Ukraine, and
in full - the Law of Ukraine "On the Cabinet of Ministers of Ukraine".
The powers of ministries and other central executive authorities set out in
the relevant provisions of these bodies.
The competence of local state administrations defined in Art. 119 of the
Constitution of Ukraine and the Law of Ukraine "On local state
administrations"

8. Classification of BEA
The scope and nature of competence
The procedure issues
Subject orientation competence
The volume of office in the territory
Character authority
Place in a system BEA

9. Classification of BEA
The volume and nature of competence:
- general competence ( local administrations);
- sectoral competence (Ministry of Interior, Ministry of Defense, Ministry of
Education and Science, Ministry of Industrial Policy of Ukraine);
- special competency (inter) (Ministry of Economy and European Integration,
Ministry of Finance and others);

10. CLASSIFICATION OF CEA
From the order of decision of questions:
à) collective bodies, that organizationally and the legally
designed in groups of persons, to whom belongs the
priority to accept decisions on all basic questions of
jurisdiction of these bodies. The collective bodies made
decision by majority of voices of their members.
Collective nature enables to solve complicated problems,
which are determined polysubjectivness of analytical
realization, and consequently accompanied co-operation
of persons with possibility of generalization of experience
each of them. Such bodies are the Cabinet of Ministers of
Ukraine, different committees, etc.
b) undivided authorities, which are headed by one person, provided with plenary
powers to make decision on all questions in jurisdiction of this body. Undivided
authority provides the efficiency of guidance, use of individual capabilities and
experience of leaders, promotes their personal responsibility for body's
performances.

11. CLASSIFICATION OF CEA
From the subject of jurisdiction:
- bodies of management of economic sphere;
- bodies of management of social and cultural sphere;
- bodies in administrative and political sphere;

12. From the volume of plenary powers for territories:
- central (KMU, ministries, committees);
- local (state administrations);
CLASSIFICATION OF CEA

13. CLASSIFICATION OF CEA
From character of plenary powers:
 ministries,
 state committees (government services),
 central bodies of executive power, with the special status
 (for example, Antimonopoly committee of Ukraine, Main
administration of government service of Ukraine, State commission on
adjusting of markets of financial services of Ukraine, State commission
on securities and fund market, State committee of statistics of Ukraine,
Government custom service of Ukraine, State tax administration of
Ukraine, and etc.)

14. CLASSIFICATION OF CEA
Ranged in the system of bodies of executive power:
- High and Low.
Executive power in Ukraine is carried out in obedience to
an item by 113 of Constitutions the Cabinet of Ministers of
Ukraine.
It is a higher body in the system of bodies of executive
power, which is the Cabinet of Ministers of Ukraine,
ministries and other central bodies of executive power and
local state administrations.
As a higher collective body in the system of bodies of executive power the
Cabinet of Ministers carries out an executive power directly and through the central
and local bodies of executive power, directs, co-ordinates and controls activity of
these bodies.

15. LOCAL SELF-GOVERNMENT
• — it is a right and real ability of territorial society — habitants of village or
voluntarily association in rural community of habitants of a few villages, settlement
and city, — independently or under responsibility of bodies and public servants of
local self-government to decide the question of local value within the limits of
Constitution and laws of Ukraine

16. PRINCIPAL REASONS OF LOW
EFFICIENCY OF EXECUTIVE
POWER
 Inconsistency of actions of different executive structures, inconsequence and
contradiction of decisions, low executive discipline;
 Duplication of related functions by different bodies;
 Overconcentration of functions of management on the higher stages of executive
power;
 unbalanced regional policy;
 inaccessibility of bodies of executive power for control by society;
 corruption and economic criminality in state structures, and also low prestige of
government service in Ukraine

17. RESULTS OF ADMINISTRATIVE
REFORM ON CENTRAL LEVELS
The system of
bodies of
executive power is
optimized
The system of
acceptance of
governmental
decisions is reformed
The checking and
supervision system is
reformed
New Law of Ukraine is accepted "On Central Executive Autherities", the conflict of
functions and duplication is removed
The European approach is inculcated near tipologii of CEA: ministries (forming of public
policy), government services (grant of services), state inspections (control and
supervision), state agencies (property management) and regulators
Diminished the amount of CEA from 111 to 74
Ratified new positions about CEA
Liquidated 46 government bodies in the system CEA
Changed the Law of Ukraine "About Cabinet of Ministers of Ukraine"
The amount of members of the Cabinet of Ministers of Ukraine is diminished from 36 to
16
Diminished the quantity of workers of Secretariat of KMU on 50%
Liquidated governmental committees
The amount of supervisory bodies is diminished from 69 to 11
Reform of the system of the technical adjusting is begun
Started up the basis for optimization of food products system
security control

18. NEXT STEPS AND APPROACHES
IMPROVEMENT OF THE
SYSTEM OF
DEVELOPMENT OF
PUBLIC POLICY
Simplification of innets, diminishing of amount of
internal instructions, etc
Improvement of process of the strategic planning
Strengthening of possibility of ministries to the
analysis of policy
REFORMATION OF THE
SYSTEM OF GRANT OF
ADMINISTRATIVE
SERVICES
• Functioning of Register of administrative services
• Reduction of amount of certificates
• Mechanism of transparency of the use of money

19. Administrative Reform On Regional
Level
CO-ORDINATION OF
STATE
ADMINISTRATION
WITH MARKET
ECONOMY
•Liquidation of surplus functions
•Restructuring or privatization of state enterprises
•Removal of duplications between local state administrations
and territorial bodies of Central Executive Authority
•Outsoursing of state functions, competition in relation to the
grant of state services
•Optimization of amount of structural subdivisions for
realization of plenary powers
•Distributing of functions of bodies of local self-government,
which are carried out on the different territorial levels
•Differentiating of plenary powers of bodies of executive power
and bodies of local self-government in the field of grant of
state services
DECENTRALISATION

20. Ways of decision of basic problems of
central executive power
Thus, it is possible to formulate next suggestions in relation to subsequent
reformation of the system of Central Executive Authority (CEA) in Ukraine with
introduction of requirements of ES.
(Part 6: reformation of government service)
1. Effective implementation of law "On government service", being based on
European principles of state administration. Bringing to conformity with it the laws
"On Cabinet of Ministries of Ukraine", "About the central executive authorities"
and "About local state administrations", and also other laws and sub laws acts
which refer to government service.
2. Effective implementation of law "On service in the bodies of local self-
government", worked out on the basis of the European principles of state
administration and the best European experience, and in accordance with a law "On
government service". Bringing other laws, concerning service in the bodies of local
self-government, in accordance with law provisions "On service in the bodies of
local self-government". Development of the proper sub law acts.

22. Ways of decision of basic
problems of central executive
power
Acceptance and effective introduction of Administrative Code of Practice by
preparation and introduction of Plan of measures, directed on a revision and perfection
of particular administrative procedures.
Effective introduction of law "On administrative services", by means of creating
of new centers of granting administrative services and effective functioning of
operating centers.
In the moment we can talk only about acceptance of legislative acts, but not about
practical realization of this requirement.
In particular, law "On administrative services", and also orders of KMU 523-
r/2014 provide for:
- opening of the unified centers of granting of administrative services (farther -
CNAP) in regions and districts, in cities, settlements and villages which give
administrative services urgently;
providing of horizontal liasons between all CNAP in the city and providing to
inhabitants the possibility to get to services in any CNAP of the city without attachment
to the place of dwelling;
creating of the complete, exhaustive, detailed List of administrative services which
are given through CNAP with regulations of their grant.

23. RESUME
Within the limits of the jurisdiction the higher organs of executive power will
organize realization of domestic and external policy of the Ukrainian state; carry out
guidance and regulate a socio-economic sphere; provide unity of the system of
executive power; send and control activity of inferior organs of executive power; carry
out a property management regardless of its forms; develop and will realize the national
programs. But also it costs to pay attention on the questions of decentralization of
power. By principal reason of which there is an opposition in the East areas of the
Ukrainian State. Research of constitutional status of executive power in Ukraine is
utterly an important and necessary task and on a prospect. There is no need to abandon
the terms of transparency and accountability of EA.
In future for Ukraine is utterly important question of optimization of organs of
executive power, bringing its structure over, to the European standards and
diminishing of amount of structural subdivisions (ministries, committees, agencies, and
others like that).
.

24. RESUME
Granting of greater autonomy and help in effectiveness to the local executive power.
Realizing of measures directed on mobility and efficiency of response.
Realizing of activity through electronic means (reception of appeals of c
itizens through sites of EA, e-mail, etc.)
Using of all possible means to alleviate access to services provided to
citizens by EA.
Completing the process of liquidation of Government registration service
and Government executive service, with the purpose of optimization of
EA.

25. Дякую за увагу!
Слава Україні!