LEGAL FRAMEWORK FOR THE FUNCTIONING OF CONSULTATIVE AND ADVISORY BODIES IN UKRAINE

Abstract

The article examines the legal principles of the functioning of consultative and advisory bodies in Ukraine as an important instrument of public participation in public administration. The relevance of the study is due to the need to improve the mechanisms of interaction between the state and civil society in the context of modern challenges, in particular martial law, reforming the public administration system and increasing the requirements for openness and accountability of government bodies. The purpose of the study is a comprehensive analysis of the regulatory and legal principles of the functioning of consultative and advisory bodies, determining their administrative and legal status and role in ensuring the participation of citizens in the processes of making administrative decisions, as well as substantiating the directions for improving their legal regulation. It has been established that the legal regulation of the activities of consultative and advisory bodies is complex and multi-level in nature and covers both constitutional principles and special legislation and subordinate regulatory and legal acts. The absence of a single codified act is compensated by the presence of an extensive system of regulatory sources that regulate individual aspects of their formation and activity. It is substantiated that at the constitutional level, fundamental prerequisites for the functioning of consultative and advisory bodies are laid down, in particular through the consolidation of the principles of democracy, citizen participation in the management of state affairs, openness and accountability of government. At the same time, at the level of special legislation, certain organizational and legal forms of such bodies are determined, in particular public councils, boards, coordination councils and other advisory structures. The role of subordinate legislation is analyzed, in particular, resolutions of the Cabinet of Ministers of Ukraine, which detail the procedure for the creation and functioning of consultative and advisory bodies, as well as decrees of the President of Ukraine, which ensure the formation of strategic advisory institutions. It is established that a significant role is played by departmental acts that specify the activities of such bodies within certain areas of state policy. Special attention is paid to specialized consultative and advisory bodies, in particular in the field of anti-corruption policy, state restoration and local self-government, which indicates their adaptability to the needs of various branches of public administration. At the same time, the lack of a unified approach to the legal regulation of such bodies was revealed, which determines the diversity of practices of their functioning and legal status. The conclusion was made about the need to improve the regulatory and legal regulation of consultative and advisory bodies by systematizing it, unifying it and legislatively enshrining their legal status. The expediency of developing a separate legislative act that would determine the principles of consultative and advisory activities, which would contribute to increasing the efficiency of their functioning and strengthening the democratic principles of public administration, was substantiated.