The function of the President of Ukraine in ensuring the unity of state power

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      This article makes an analysis of actual problems of implementation of the function of the President of Ukraine in ensuring the unity of state power           

     Key-words: coordination and arbitration powers of the President of Ukraine, suspension procedure of the acts of Government, constitutional petition of the President of Ukraine.

Statement of the problem: Significance of implementation of coordination and arbitration functions of the President of Ukraine under conditions of national statehood on the principles of separation of powers significantly increases.

Without legal obligation of the President of Ukraine to perform arbitration function in the system of interaction of the supreme bodies of state power, he may appear not “between government” but “over” it.

So, underconditions of transitional stage of state development, the institution of president is objectively aimed to perform consolidating function.

It is the position of President, which provides balance of the powers, the functioning of state apparatus in consensus mode binds the President to act as an arbitrator, ensuring consistency of positions of various authorities, searching for compromise solutions in order to ensure the unity and integrity of the government.

      Analysis of recent research: Scope of the research is reflected in the works of local scientists as Vladimir Shapoval, V. Telipka, G. Fedorenko, G. Martynyuk, L. Poliakov and others.

     Objective of the study is to analyze the actual problems of implementation of the functions of the President of Ukraine in ensuring the unity of state power.

      Statement of basic research. Participation of the President of Ukraine in a system of checks and balances in terms of parliamentary-presidential form of government should primarily consist in coordination and implementation of the arbitration function. The President of Ukraine structurally does not belong to any branch of government but is tightly bound to its functioning and can actually provide via his available means the cooperation of authorities. 

The function of ensuring the unity of state power is substantially based on the respective powers of the head of the state, which is generally regarded as   coordination and arbitration function.

Сonstitution of Ukraine does not contain direct indication to performing by President of Ukraine the function of ensuring the unity of state power. However, it does not contain the regulations that prohibit the Head of the Ukraine to provide and coordinate the executive bodies’ activity.                                                          

The function of the President of Ukraine to ensure the unity of the government is indirectly specified in the provisions of Art. 102 of the Constitution of Ukraine which says: “President of Ukraine is a guarantee of the Constitution of Ukraine”, as well as that fact, that the head of the state is elected by all the people of Ukraine and it requires him to act in the interests of not-defined political forces or social groups but in the interests of all people [6;86].                                 President of Ukraine as a Head of the state has to consolidate the activities of public bodies and ensure their proper functioning, in order to facilitate theimplementation of main functions of the state, to provide the effectiveness of the functioning of the state apparatus and the respect for fundamental rights and freedoms.                                                                                               To implement the function of ensuring the unity of state power the President of Ukraine should be empowered to competence intervention in the activity of the branches of power to legally compel them to act within the constitutional regulations. 

The powers of the President of Ukraine as the head of state are closely related to both lawmaking and execution of laws. Some of his powers in a scope of legislative activity can be identified. Verkhovna Rada makes the laws, the president signs it or uses the right of veto to laws adopted by Verkhovna Rada of Ukraine with their subsequent return for repeat consideration by Verkhovna Rada of Ukraine, as well as the President has the right of legislative initiative. President issues decrees and orders on the basis of the Constitution and laws of Ukraine. The President has the right to call a national referendum on the amendments to the Constitution of Ukraine[2;180].   The President may suspend the activities of the legislative body, if within thirty days of a single regular session the plenary meetings fail to commence, if within one month Verkhovna Rada fails to form a coalition of deputy factions and if, within sixty days after the resignation of the Cabinet of Ministers of Ukraine it is failed to appoint members of the Cabinet of Ministers of Ukraine and to appoint early elections to Verkhovna Rada of Ukraine.

Common actions of the President of Ukraine and Verkhovna Rada concerning the appointment to key positions in the state can be defined. The Candidature of the Prime Minister is approved by formed parliamentary majority and is suggested to the President of Ukraine, who in his turn, makes an appropriate submission to the Parliament within fifteen days after receipt of such proposal. Secretary of Defense of Ukraine, Minister of Foreign Affairs of Ukraine, Chairman of the Security Service of Ukraine, Chairman of the National bank of Ukraine, members of the Central Election Committee are appointed with the suggestion of the President of Ukraine by Verkhovna Rada. President of Ukraine appoints and dismisses with the consent of Verkhovna Rada the General Prosecutor of Ukraine[5;121].

Verkhovna Rada and the President of Ukraine take part in formation of the National Bank of Ukraine andNational Council of Radio and Television of Ukraine (half of the membership is appointed by Parliament, and the other half – by the President of Ukraine), and the Constitutional Court of Ukraine (President of Ukraine, Verkhovna Rada and the Congress of Judges of Ukraine,each appoint six judges to the Constitutional Court of Ukraine).                                Now, let’s consider the functions of the Head of the state related to the scope of executive branch. The current powers of the President of Ukraine only give him the opportunity to indirectly affect the activity of the Cabinet of Ministers of Ukraine concerning the foreign affairs and the defense, use the right of veto, concerning the laws adopted by the governmental initiative and suspend the acts of the Cabinet of Ministers of Ukraine on the grounds of non-compliance with the Constitution of Ukraine with the  simultaneous appeal to the Constitutional Court of Ukraine on their constitutionality[3;24].

The head of the state takes nominative part in formation the Cabinet of Ministers of Ukraine. As it was mentioned, he makes submission after  the suggestion of the coalition of parliamentary factions in the Verkhovna Rada, in no later than the fifteenth day after the receipt of such proposal, besides, the  President submits proposal to Verkhovna Rada for the appointment of the Minister of Defense of Ukraine and Foreign Minister of Ukraine.                                                            

        Verkhovna Rada with the proposal of the President of Ukraine or with no less than one third of deputies within Parliament may consider the issue of responsibility of the Cabinet of Ministers of Ukraine and adopt a resolution of non-confidence to the Cabinet of Ministers of Ukraine with the majority of the constitutional composition of the Verkhovna Rada.

The third branch of power in the system of checksand balances is the judicial power. Ukrainian judicial power is represented by the courts of general jurisdiction and Constitutional Court of Ukraine, which carry the justice[1;243]. These courts extend their jurisdiction over all legal relations arising in the state. Thus, it is necessary to highlight  the Constitutional Court of Ukraine, which is one of the common parts of  judicial power and a sole body of constitutional jurisdiction.

Constitutional Court of Ukraine may consider the cases, concerning the constitutionality of laws and other legal acts of Verkhovna Rada, acts of the Cabinet of Ministers of Ukraine, acts of Verkhovna Rada of the Autonomous Republic of Crimea with the appeal of the President of Ukraine concerning the non-compliance with the Constitution Ukraine of these acts. Along with it, the constitutional appeal of the President of Ukraine as for non-compliance of the act of Cabinet of Ministers of Ukraine with the Constitution of Ukraine may be brought before Constitutional Court of Ukraine within five days from the date of entry into force of the act of the Cabinet of Ministers of Ukraine.

As a result of hearing the case the Constitutional court of Ukraine makes a decision. In the case, when these acts or its separate provisions are held unconstitutional, it deemed to be invalid from the day of the final decision, made by the Constitutional Court of Ukraine on their unconstitutionality. In case when the Court decides about the constitutionality of the act of the Cabinet of Ministers of Ukraine after constitutional submission of the President of Ukraine, the presidential decree on the suspension of the act is repealed from the day after taking the corresponding decision by the Constitutional Court of Ukraine.

The President of Ukraine may submit constitutional appeal to the Constitutional Court of Ukraine on the official interpretation of the Constitution and the laws of Ukraine, if it is practically necessary to clarify or explain the official interpretation of the provisions of the Constitution and laws of Ukraine as a result of which the Constitutional Court of Ukraine makes decisions.

After constitutional appeal of no less then forty five deputies of Ukraine, Supreme Court of Ukraine, Human Rights Commissioner of Verkhovna Rada of Ukraine and the Autonomous Republic of Crimea, the Constitutional court of Ukraine can make a decision of non-constitutionality of the presidential act.

According to the Constitution of Ukraine the Head of the state establishes courts by the procedure established by law, appoints and dismisses one third of judges of the Constitutional Court of Ukraine  (six judges),gives pardon.                         Conclusions.

President of Ukraine occupies a special place in the system of state government. Presidential power is inseparable from other three branches and at the same time is cannot be dissolved in it; presidential power coordinates and arbitrates the relationship between various branches of power.

Because if his status as a coordinator, mediator-arbitrator in the relationship between higher state bodies, the President has the authority necessary for functional penetration into the sphere of competence of those bodies. Through appropriate authority, the president legally compels the other authority to act within the Constitution                                                                      However, the function of ensuring the unity of  government carried out by  Head of the  state does not build the grounds to single out the “presidential branch of power” along with the traditional triad of powers – legislative, executive and judicial.

Consequently, the President of Ukraine represents state power in general, unites all branches of power, and ensures the focus of its activities in a common direction. The Head of the state performs the conciliation function regarding the activity of different branches of government, acts as an arbitrator in case of misunderstandings between the legislative, executive and judicial branches.

 

References:

1.Gladun Z., Fedchyshyn M. Principles of Constitutional Law Ukraine / Z. Gladun. – Ternopol: Aston, 2001. – 463 p.

2. Kopyeychykov V. Principles of Constitutional Law of Ukraine / V. Kopyeychykov. – Kyiv: YurinkomInter, 1998. – 288 p.3. Kravchenko VV Constitutional Law of Ukraine / V. Kravchenko. – Kyiv: Atika, 2000. – 320 p.

3. Martyniuk R. Evaluation of the design of the mechanism of power in Ukraine for the content of the constitutional reform on December 8, 2004 / R. Martyniuk // Legal Ukraine. – 2008. – № 4. – P. 28-30/

4. Pohorilko V., Fedorenko V. Ukraine Constitutional Law / V. Pohorilko. – K., 2007. – 216 p.

5.Sovhyrya O., Shuklina N. Ukraine Constitutional Law / O. Sovhyrya, N. Shuklina. – K: YurinkomInter, 2012. – 353 p.

6. Todyka N., Jaworski VD President: constitutional and legal status. Monograph / Todyka N., W. Jaworski. – Kharkov: “Fact”, 1999. – 147p.

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