Functions of a Unified System of Public Authority

Abstract

Introduction. The inclusion of the category “unified system of public authority” in the text of the Constitution has led to significant legal uncertainty, which is especially true for the question of the composition of the functions of public authority, the unity of which is the key content of public authority according to the legal positions of the Constitutional Court. The definition of the composition of these functions is necessary to define the boundaries of the unity and independence of the elements of public authority, to clarify the principles of federalism and the independence of local self-government.

Methodology and materials. Within the framework of this work, the author analyzes and summarizes the doctrinal sources that highlight the content of the category “function” in the context of the unity of public authority, as well as key scientific approaches to the concept of public authority itself. A systematic analysis of legislation, acts of the President and the Government, and the legal positions of the Constitutional Court was also carried out in order to determine the composition of the functions of the unified system of public authority.

The results of the study. It should be noted that the functions of public authority are currently uncertain due to the uncertainty of its scope of tasks. In addition, legal science lacks a unified understanding of public authority and, consequently, the functions it performs, which is manifested in a wide range of doctrinal positions regarding the nature, composition and tasks of public authority. Finally, the functions of public authority can be classified on the basis of their division into instrumental and substantive, of which the former are manifested in the activities of the State Council, and the latter are manifested in the solution of tasks by public authorities to ensure the exercise of rights by citizens and create conditions for the socio-economic development of the country.

Conclusions. Two groups of functions of the unified system of public authority have been identified: extraordinary functions, which can be implemented only in conditions of unity of action by public authorities, and functions for the socio-economic development of the country, which exist within the framework of the President’s goal-setting with the participation of the State Council and are determined at the regional and municipal levels through a system of performance indicators.