ПРЕЗИДЕНТ УКРАЇНИ ЯК СУБ’ЄКТ ПУБЛІЧНОЇ АДМІНІСТРАЦІЇ

The article is devoted to the study of the essence of the administrative and legal status of the President of Ukraine as a special subject of public administration. It is established that in the system of subjects of public administration the President of Ukraine is given a place among subjects of public administration which are not carried to bodies of the state executive power and local self-government, but which are endowed with separate powers to provide administrative influence in the sphere of public administration. The Council of Ukraine, the National Bank of Ukraine, the Verkhovna Rada Commissioner for Human Rights, military-civil administrations, etc. It is noted that since the introduction of the post of President of Ukraine, his role in the functioning of public authorities has been constantly reconsidered: from taking the post of head of the executive branch to bringing the President of Ukraine out of the triad of branches of power as provided by the Basic Law. It is determined that the legal status of the President of Ukraine in the field of public administration is mediated by his recognition as the head of state acting on its behalf; the guarantor of state sovereignty, territorial integrity of Ukraine, observance of the Constitution of Ukraine, human and civil rights and freedoms; the guarantor of the implementation of the strategic course of the state for the acquisition of full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization. It is established that the legal status of the President of Ukraine, which is enshrined in the Constitution of Ukraine, is the basis for the formation of his administrative and legal status. The content of the latter consists of the powers defined in Art. 106 of the Basic Law. Taking into account the criterion of functional purpose, the powers of the President of Ukraine in the field of public administration should be divided into powers of control (paragraphs 15, 16, 29, 30); powers to organize executive bodies (paragraphs 9–14, 22, 28); powers of management (paragraphs 17, 18); powers to establish certain states (paragraphs 19, 20, 21); other powers (paragraphs 24–27).