Удосконалення механізмів парламентського контролю за діяльністю спецслужб в Україні як складова демократизації та реформування владних інститутів
| Autor: | I. M. Myshchak |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
National security
Human rights Constitution Parliament business.industry media_common.quotation_subject парламентський контроль Context (language use) Legislation Legislature Public administration Regional economics. Space in economics конституція парламентські комітети HT388 Political science спеціальні служби Constitutional court business закон Law media_common |
| Zdroj: | Наукові записки Інституту законодавства Верховної Ради України, Vol 1, Iss 3, Pp 119-127 (2020) |
| ISSN: | 2220-1394 |
| DOI: | 10.32886/instzak.2020.03.14 |
| Popis: | The purpose of the article is to analyze the legal mechanisms of parliamentary control over the activities of special services in Ukraine in the context of the discussion on the feasibility of establishing a special control committee of the Verkhovna Rada of Ukraine. The scientific novelty in the context of the debate on the need to create a special parliamentary committee, which should monitor the activity of special services in Ukraine, is to justify the inconsistency of the very approach to the creation of a separate parliamentary control committee for the activities of the special services of the Constitution of Ukraine and laws of Ukraine. Conclusions. The current legislation of Ukraine provides for mechanisms of control of the state and society for the activity of special services and law enforcement agencies of special purpose, which are implemented in the powers of the Verkhovna Rada, its Commissioner for Human Rights and the Accounting Chamber, as well as the activities of the judicial branch of power. At the same time, in Ukraine, unlike in the United States, the United Kingdom or neighboring Poland, the Constitution and other legislative acts define parliamentary control in an inextricable link with the legislative and control functions of the Verkhovna Rada of Ukraine, and the control function of parliamentary committees is not considered separately from other functions. This approach is reinforced by the legal position of the Constitutional Court of Ukraine, according to which committees are not independent subjects of parliamentary control. As a result, no special parliamentary committees have been set up to oversee the activities of special bodies and services, or to properly inform the public on the part of the Verkhovna Rada or the President about the activities of special services in countering national security threats. Rather, this approach is dictated not by the need for secrecy, but by the practice and underdevelopment of public control institutions as a whole established in Soviet times. At the same time, strengthening of public control over the activity of special services is possible also within the current legislation. It seems appropriate to publish the annual report of the SBU chairman in the part that does not contain classified information, as well as legislative initiatives and steps taken by the parliament on the results of such a report. Such information and public awareness of the results of the activities of special bodies and services will not only promote the implementation of human and citizen's rights and freedoms in practice, but also increase the level of trust of citizens in them and government institutions in general. At the same time, the creation of a committee / committees of the Verkhovna Rada of Ukraine with functions exclusively to control the activity of special services and special bodies of the state is contrary to the norms of the Constitution of Ukraine. |
| Databáze: | OpenAIRE |
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