Журнал Viche 2010 №23

№23, 2010

The Disbalance of the State Authority System in Ukraine is the Key Problem of Management in the Sphere of the State Security of Ukraine

Further development of the Ukrainian state, democratization of its public life, carrying out of effective reform in the field of economy, the state control system are organically connected with the reliable provision of state security.

The criteria of general efficiency of management in the field of state security are those signs, sides, displays of management, analyzing which it is possible to define the level and quality of management by the sphere of state security, its accordance to the necessities and interests of the society and the state. They enable to see and, what is desirable, to determine the level of providing of safety of the state and the same providing of necessities, interests and achievement of aims of the state attained through the state administration in general and a human-being, in particular.

 

In Ukraine, in actual fact, the dualism of executive power has been formed as its vertical line remains as if “torn and parted” between the President of Ukraine and the government for the prevailing of the first one. And the amendments brought to the Constitution of Ukraine on December, 8, 2004, which were directed on the strengthening of the role in the mentioned triangle of legislative branch of power and weakening of the role of the President with simultaneous organization of the place and role of the government in the system of state authority, and also the stimulation of political structuring of the society of Ukraine, negatively influenced on the role and place of the institute of presidency and to a certain extent disbalanced the system of inhibitions and counterbalances of state authority, that resulted in conducting of unscheduled parliamentary elections. The substantial strengthening of plenary powers of the parliament, which was supposed to guarantee the development of democracy, turned out to be opposite. Demonstrative neglecting of both the Basic Law and the laws in force became usual in its activity. In actual fact, the Ukrainian parliament became one of generators of political and legal chaos in the country, the hostage of caused by it to life of destructive and chaos forces.

 

Practice of forming of parliamentary coalition after the elections of 2006, election and functioning of the government of Ukraine in this period, their oppositions with the President of Ukraine testify the proper disbalance of the control system, violation of the system of inhibitions and counterbalances of the state authority system at that time. It negatively influenced on the activity of all branches of state authority and resulted in the origin of the such negative phenomena as politicization of judicial bodies and so called power structures, accretion of interests of business, political parties, law enforcement authorities and criminal groupments, sharpening of political situation in Ukraine and as a result the crisis of state authority which is the real threat to state security took place.

 

Scandals of political and economic character, which take place in Ukraine during recent years, testify that there is the disbalance of state authorities, which can result in the origin of the crisis phenomena dangerous for existence of the state authorities in the state. The high corruptness of the state authority, on what the international association paid the attention of Ukraine several times, creates “favourable” subsurface for the stratification of population - the division on poor and superrich - it results in impoverishment of majority of population and is the threat of origin of various conflicts.

 

Under such conditions the President is to become the guard, guarantor of the Constitution, who has to use effectively the mechanisms of influence foreseen by the Basic Law on the situation that takes place in the state. Therefore, in our opinion, exactly presidential form of rule, when the president heads the executive branch of power and is the country's leader, is the most optimum for functioning and subsequent development of Ukraine as a state of transitional period.

 

Such thought is shared by many research workers and practical workers, including the present Ukrainian politicians.

Igor KORZH