THE GENESIS OF THE SEPARATION OF POWERS IN UKRAINE

This article examines the genesis of the development of the mechanism of separation of powers and the system of checks and balances in the world and in Ukraine. The peculiarities of the implementation of this institution in the Constitution of Ukraine are studied. The author highlights the problems of the current constitutional consolidation of the institution of the President of Ukraine, the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine. It is emphasised that the theory of separation of powers, having emerged thanks to the works of many representatives of philosophical and legal thought, has found its implementation in the practice of functioning of state apparatuses of almost the entire modern civilisation. Its universal value has determined today's realities regarding the formation and development of the Ukrainian system of legal statehood. The theory of the separation of powers is directly reflected and enshrined in the fundamental laws of democratic states, in other words, state power is built on the principle of division into independent and autonomous branches of government: legislative, executive, and judicial. It should be noted that each state not only seeks to divide the branches of a single state power, but also pays considerable attention to their interaction. The separation of powers is a complex lever for restricting, with the help of which each of the branches acts independently, without interfering with the powers of the other; mutual control, balance, and equilibrium in the relations between state bodies exercising legislative, executive and judicial power are established. Through the separation of powers, the state authorities act within their competence, establishing mutual control, balance, and equilibrium in the relations between the state bodies exercising legislative, executive and judicial power. For this purpose, a number of restrictive legal means are used: prohibitions, obligations, liability measures, etc. Implementation of the principle of separation of powers is possible and effective only if it is accompanied by a system of checks and balances. It prevents attempts to usurp the powers of one authority by another and ensures the normal functioning of the state authorities. The authors come to the conclusion that at the present stage of Ukraine's development, its society is facing quite acute problems of internal organisation and improvement of the activities of public authorities, taking into account the form of government, the principles of the rule of law and the social state, state sovereignty, separation of powers, etc.