ОРГАНІЗАЦІЙНО-КОНСТИТУЦІЙНІ ЗАСАДИ ПРАВОВОГО СТАТУСУ КЕРІВНИКА ДЕРЖАВНОГО ПІДПРИЄМСТВА

Abstract

The article is devoted to the study of the peculiarities of organizational and legal foundations and levers of legal regulation in the sphere of determining the status of the head of a state enterprise through the prism of legal constructions, principles and norms of constitutional law.

State enterprises are the main link that implements specific mechanisms for the use of state-owned objects, the production of new resources and material goods based on them. The Constitution of Ukraine in Part 4 of Art. 13 stipulates that the state ensures the protection of the rights of all subjects of ownership and management, establishes that all subjects of ownership are equal before the law and guarantees the rights of all subjects of ownership and management.

The law of Ukraine contains specifics of the legal regulation of state-owned enterprises and defines a special procedure for appointing managers of such enterprises. The legislator places special emphasis on property management of strategic sectors of the economy, enshrining special norms regarding the legal status of managers of these enterprises.

State enterprises, like other legal entities, can exercise their powers only through the relevant representatives - management bodies, or a directly authorized person - the head of the enterprise. In this case, the law provides for the peculiarities of the legal status of the head of a state enterprise. In particular, positive aspects should be noted in the mechanism for appointing managers of state-owned enterprises defined by the Law of Ukraine "On Management of State-Owned Objects" and the Resolution of the Cabinet of Ministers of Ukraine "On Competitive Selection of Managers of Public Sector Enterprises". It is the competitive procedure for the appointment of heads of state-owned enterprises that is a lever that ensures compliance with the general constitutional principles of legality, the rule of law, objectivity, impartiality, equality (namely, the human rights of candidates for the position of head of a state-owned enterprise, and equal access to the exercise of these rights). openness, democracy.