Political analysis of the checks and balances system main elements (Review Article)

2018;
: 7-13
https://doi.org/10.23939/shv2018.02.007
Received: October 19, 2018
Accepted: November 14, 2018
1
Lviv Polytechnic National University

The article considers the main elements of the system of checks and balances, one of the indicators of democratic development. Due to the peculiarities of modern political transformations in the world, which require new approaches to the understanding of the system of checks and balances in the political sense, are emphasized. Based on the analysis of the political practice of democratic states, the key features of the checks and balances system elements are shown. According to this, the main dimensions of the functioning of the system are outlined and the problems that may arise in each of them are described.
The system of checks and balances is considered to be the multidimensional phenomenon. The main attention is paid to the functional filling of the system of checks and balances and its understanding cannot be reduced to the sum of its elements. The right of veto, the right of legislative initiative, the vote of no confidence, impeachment, countersigning, the appointment of key officials are emphasized to be the key elements of the checks and balances system. Their basic peculiarities and role they play in the functioning of the system are analyzed. It is emphasized that Ukrainian practice of the checks and balances system functioning has a problem with legislative consolidation and practical implementation. Based on the structurally functional approach the elements of the system of checks and balances are proved to be a basic guarantee of democratic governance.

 

Abramova, A. (2006). The Right of Legislative Initiative: Problems of Providing and Protection. [In Russian]. Russian Law Magazine, Vol. 3, 12–21.
Andreescu, M. (2016). The Limits of State Power in a Democratic Society. Journal of Civil & Legal Sciences, Vol. 5, 23–30.
Balukh, V. (2007). The History of Ancient Civilization. [In Ukrainian]. Chernivtsi: “Our Books” Publishing House.
Bulmer, E. (2017). Presidential Veto Powers. Stockholm: International IDEA.
Haraschuk, V. (2002). The Control of Legislative Power. [In Ukrainian]. Problems of Legality, Vol. 57, 94–100.
Hrachev, V. (2010). The System of “Checks and Balances» as a Basis for Maintaining the Balance of Private, Public and State Interests in Civil Society. [In Russian]. Law and Right, Vol. 2, 24–27.
Kaduk, T. (2014). Immigration as a Form of Parliamentary Control in Modern States. [In Russian]. Lagea si Vlata, Vol.16, 63–68.
Kolysenko, A. (2016). The Notion of “Contrasignation” and the Terms close to Him. [In Ukrainian]. Scientific bulletin of Uzhgorod National University, Vol. 39, 34–38.

Levy, L. (2000). Encyclopedia of the American Constitution. New York:Macmillan.
Likhachov, N. (2018). A Vote of No Confidence (a Resolution of Condemnation) as a Form of Parliamentary Responsibility of Governments in the Countries of the European Union. [In Ukrainian]. Scientific bulletin of Uzhgorod National University. Vol. 48, 56–61.
Manov, H. (1991). Civil Society and the Rule of Law: the Preconditions for Formation. Moscow: Nauka.
Melnik, O. (2011) The President’s Impeachment: Opportunity and Expediency. [In Ukrainian]. Viche, Vol. 2, 150–155.
Olechno, A. (2013). The constitutional aspects of countersigning in Central and Eastern European Countries. Daugavpils University, Vol. 60, 13–17.
Orth, J. (2000). Presidential Impeachment: the Original Misunderstanding. Constitutional Commentary, Vol. 17, 578–591.
Phillipova N. (2006). Institute of Counter-Signatures and Constitutional Guarantees of Autonomy of Governments in Post-Soviet States. [In Russian]. Political expertise, Vol. 2, 268–279.
Pohorelova, Z. (2015). The right to veto in the practice of Ukrainian and international parliamentarism. [In Ukrainian]. Comparative Analytic Law, Vol. 4, 39–42.
Silenko, L. (2000). Constitutional Foundations of the System of Checks and Balances as a Means of Organization and Functioning of State Power in Ukraine.[In Ukrainian]. Kyiv: Kyiv Taras Shevchenko National University.
Shemshuchenko, Yu. (2004). Political Encyclopedic Dictionary. [In Ukrainian]. Kyiv: Heneza.
Soroka, S. (2011). Constructive Vote of no Confidence in the Government as a Means of Preserving the Stability of the Public Administration System in the EU. [In Ukrainian]. Bulletin of NADU, Vol. 2, 196–204.
Zueva, K. (2013). The System of Checks and Balances as a Direct Element of the Principle of Separation of Powers. [In Russian]. Scientists notes TOGU, Vol. 4, 17–20.