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PECULIARITIES OF ENSURING THE CONSTITUTIONAL RIGHT TO PARTICIPATION IN STATE AFFAIRS MANAGEMENT FOR DIFFERENT PERSONS BY SUBMITTING AN E-PETITION

Journal: Інтелект. Особистість. Цивілізація. Збірник наукових праць (Vol.12, No. 12)

Publication Date:

Authors : ;

Page : 74-80

Keywords : e-petition; subjects of e-petition submitting; the mechanism of constitutional right implementation to participation in state affairs management; the right to appeal.;

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Abstract

Objectives. The article is aimed to suggest the ways of improving the legislation on appeal to central and local authorities, their officials in order to avoid the rights narrow-ing of persons without citizenship, individual entrepreneurs, associations of citizens and legal entities for e-petitions submission. The author's approach of understanding the right of petition as a part of ensuring the constitutional right to participation in state affairs management is formed. Methods. The legislative provisions of Ukraine and the UK on petition submitting are researched. Their legal analysis is carried out; the ways for national legislation im-provement in the field of consolidation of the constitutional right to e-petition submitting, in particular according to the list of persons, which have right to e-petition, which is one of the mechanisms of constitutional right implementation to participation in state affairs management, are determined. Results. The conclusion is made that the rapid development of the civil society leads to expansion of understanding of many categories of human and civil rights and liberties, and also influences on the appearance of the new mechanisms of constitutional civil rights im-plementation, in particular, the constitutional right to participation in state affairs manage-ment. The legislative inadequacy and inconsistency of Ukrainian laws of the Constitution of Ukraine relating to subjects of e-petition submitting or appeal are identified. The compara-tive analysis of Ukraine and Great Britain's legislation is carried out; the ways of Ukrainian legislative amendments are suggested for the purpose of legislative consolidation of the con-stitutional right to participation in state affairs management, namely submitting a petition as an autonomous right and bringing into agreement the factual and legal constitutions. Scientific originality. It is determined, that the right to appeal is the constitutional right of everyone and one of the constitutional mechanisms of participation in state affairs management. The inconsistency of appealing subjects, specified in Ukrainian legislation on appeal, with the Ukrainian Constitution, is studied in the present article. The linguistic approach is used, as there is a necessity to take into consideration the linguistic aspects, in order to compare the terminology, autonomous right and mechanism of ensuring the con-stitutional right to participation in state affairs management. Practical value. The amendments which are necessary for the Law of Ukraine «On citizens' appeals», aimed to solve the problem of statutory instruments inconsistency and prevent the rights narrowing of persons without citizenship, individual entrepreneurs and legal entities to petition and the right to appeal, are proposed.

Last modified: 2017-05-23 16:41:06