The powers of the President of Ukraine on the scope of ensuring the constitutional legitimacy, state sovereignty and national security of Ukraine

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     This article makes an analysis of the powers of the president of Ukraine on the scope of ensuring the legitimacy, state sovereignty and national security of Ukraine.

    Key words: Chief of the Armed Forces of Ukraine,the Council of National Security and Defense of Ukraine, legal regime of martial law.

    Statement of the problem. The status of the president of Ukraine as a head of the state empowers him with the authority through which guarantees the state sovereignty, the territorial integrity of Ukraine, compliance with the Constitution and the rights and freedoms of man and citizen.

     Analysis of recent research: The scope of the research is reflected in the works of local scientists as: M. Vegesh, A. Cherkasov, V. Shapoval, G. Martynyuk and others.

     The objective of the study is to analyze the actual problems of implementation of the presidential powers in Ukraine on the scope of ensuring the constitutional legitimacy, state sovereignty and national security of Ukraine.

     Statement of basic research. Since the existing of the state there is a danger both internal as well as external. In order to alert this danger, there are such structures as Council of National Security and Defense of Ukraine. The President of Ukraine leads and forms the personal structure of the Council of National Security and Defense of Ukraine which is a coordinative body in the national security and defense under the President. The other members of Council of National security and of Defense of Ukraine are the Prime Minister of Ukraine, Minister of Defense of Ukraine,Head of the Security Service of Ukraine, Minister of Internal Affairs, Minister of Foreign Affairs of Ukraine.

The president of Ukraine as a Head of the Council of National Security and Defense of Ukraine does following:

  • controls and manages the work of the Council of National Security and Defense of Ukraine;
  • approves the prospective and current plans of the Council of National Security and Defense of Ukraine, time and procedure of its meetings;
  • personally presides at the meetings of the Council of National Security and Defense of Ukraine;
  • instructs the members of the Council of National Security and Defense of Ukraine according to the performance of its functions;
  • hears the current information concerning the implementation of its decisions from the Secretary of the Council of National Security and Defense of Ukraine, and in case of necessity, place an issue about the implementation of its decisions at the meetings;
  • approves the regulations on the apparatus of the Council of National Security and Defense of Ukraine, its structure and staff number upon submission of the Secretary of the Council of  National Security and Defense of Ukraine[1];

The decisions of the Council of National Security and Defense of Ukraine come into force by the decrees of the President of Ukraine.

The Council of National Security and Defense of Ukraine performsfollowing functions:

  • making suggestions to the president of Ukraine,concerning the implementation of the principles of domestic and foreign policy, national security and defense;
  • coordination and control of the executive bodies activity on the scope of national security and defense in peace time;
  • coordination and control of the executive bodies activity in the sphere of national security and defense under the conditions of martial law or  emergency state and in the  case of  crises that threaten the national security of Ukraine.

In the aforementioned authority of the Head of State in this area, he has the following:

  • The President of Ukraine is a Chief man of armed forces of Ukraine, appoints and dismisses the high command of the Armed Forces of Ukraine andother military formations;
  • Submits toVerkhovna Rada the declaration of war and in case of armed aggression against Ukraine, decides on the use of the Armed Forces of Ukraine and other established according to the laws of Ukraine military formations;
  • makes a decision in compliance with the law about the general or partial mobilization and the introduction of martial law in Ukraine or in its particular areas in case of the threat of attacks or danger to the state independence of Ukraine;
  • makes a decision in case of necessity about imposing in Ukraine or in its particular areas the emergency state, and  if necessarily, declares certain areas of Ukraine as zones of  ecological emergency – with subsequent confirmation of these decisions by Verkhovna    According to the law of Ukraine “about legal regime of emergency state”, the emergency state in Ukraine or in its particular areas comes into force by presidential decree, subject to the  approval by Verkhovna Rada for two days after the appeal of the President of Ukraine. The validity of the emergency state, in which it can be administered in Ukraine is 30 days, and in some of its territories – 60 days.

The procedure of announcement of martial law is displayed in law of Ukraine “about legal regime of martial law”. Martial law in Ukraine or in its particular territories comes into force by the decree of the President of Ukraine subject to the approval by Verkhovna Rada of Ukraine is immediately announced through mass media. The demands or proposals concerning the announcement of martial law in Ukraine or in it particular territories to the President of Ukraine are submitted by the Council of National Security and Defense of Ukraine. The martial law on entire territoryof Ukraine  or on its particular areas is abolished by the presidential decree with the suggestion of the Council of National Security and Defense of Ukraine in case of elimination the  threat of attacks or danger to the state independence of Ukraine, it territorial integrity, what is immediately announced through mass media[2].

The principles of state policy of Ukraine aimed to protect national interests and to guarantee the security of individuals, society and state from external and internal threats in all spheres of life are determined in the law of Ukraine “about the basic principles of the national security of Ukraine” since 19 June 2003. The main objects of national security are: man and citizen – their constitutional rights and freedoms;society  – its spiritual, moral, ethical, cultural, historical, intellectual and material values, information, environment and natural resources; state, it constitutional order, sovereignty, territorial integrity  and inviolability.

The Law puts on the President the responsibility to develop a strategy of national security and Military Doctrine of Ukraine,other doctrines, concepts and programs concerning the aspects of national security.

Regarding the ensuring constitutional legitimacy the President of Ukraine has the right of legislative initiative. It allows him to bring the legislation into conformity with the Constitution of Ukraine,raise the questions about the implementation of its provisions. He signs the laws adopted by the Parliament. The President has the right of veto the laws passed by Parliament with their subsequent return for repeat consideration by the Verkhovna Rada. It makes it possible to ensure compliance with the Constitution of Ukraine. Since the adoption of the Fundamental Law all presidents of Ukraine had actively used the right of veto of the laws passed by Parliament[5].

They submitted the appeal to the Constitutional Court of Ukraine about the constitutionality of the laws and other acts of Verkhovna Rada. Head of the state is exclusively empowered to bring to VerkhovnaRada the bill on amendments to the Fundamental Law and, in particular, Chapter I “General Provisions” Chapter III “Elections. Referendum, “and Chapter XIII” Amending the Constitution of Ukraine, “and appoint early elections to the Verkhovna Rada in terms established by the Constitution of Ukraine.

The President of Ukraine has a right to appeal to the Constitutional Court of Ukraine on the issues of the constitutionality of current international treaties of Ukraine or the other international treaties that are introduced to Verkhovna Rada to grant consent to their binding nature. In case if all the possibilities are exhausted to guarantee the compliance with the Constitution of Ukraine, the President of Ukraine  hasthe right to seek the assistance of people. According to the Article 156 of Fundamental Law, he is empowered to appoint the national referendum on the amendments to the Constitution of Ukraine and declare a national referendum on popular initiative[4].

The president of Ukraine may also abolish the acts of the ministers of Autonomus Republic of Crimea, suspend acts of the Cabinet of Ministers of Ukraine on the grounds of non-compliance with the Constitution of Ukrainewith a simultaneous appeal to the Constitutional Court of Ukraine on their constitutionality, may abolish the decisions of the heads of local administrations, that are against the Constitution and the laws of Ukraine and others acts of legislation.

The authority of the President of Ukraine concerning the human rights and freedoms involves all the presidential powers and particularly these one, considering taking decisions aboutgranting and termination of citizenship of Ukraine, granting refuge in Ukraine; act of pardon.

Since 11 August 2011according to the Decree of the President of Ukraine about the post of Children’s Rights Commissioner of the President of Ukraine, who in his turn provides the implementationof constitutional powers of the President of Ukraine to ensure observance of children’s rights, implementation of international obligations of Ukraine in this area.

The main tasks of the Commissioner are:

  • constant monitoring of compliance of the constitutional rights of the child in Ukraine,  implementation of the international obligations in this area andmaking  established procedure of suggestions to the President of Ukraine to halt and prevent the repeat violations of the rights and legitimate interests of the child;
  • making proposals to the President of Ukraine concerning the preparation of draft laws, acts of the President of Ukraine on the rights and interests of the child;
  • providing measures to inform people about the rights and legitimate interests of the child[3].

Conclusions.

The status of the president of Ukraine as a head of the state empowers him with the authority through which guarantees the state sovereignty, the territorial integrity of Ukraine, compliance with the Constitution.

The President of Ukraine is a Chief man of armed forces of Ukraine, appoints and dismisses the high command of the Armed Forces of Ukraine andother military formations, submits toVerkhovna Rada the declaration of war and in case of armed aggression against Ukraine, decides on the use of the Armed Forces of Ukraine and other established according to the laws of Ukraine military formations, makes a decision in compliance with the law about  the general or partial mobilization and the introduction of martial law in Ukraine or in its particular areas in case of the threat of attacks or danger to the state independence of Ukraine.

Regarding the ensuring constitutional legitimacy the President of Ukraine has the right of legislative initiative. It allows him to bring the legislation into conformity with the Constitution of Ukraine,raise the questions about the implementation of its provisions. He signs the laws adopted by the Parliament. The President has the right of veto the laws passed by Parliament with their subsequent return for repeat consideration by the Verkhovna Rada.

 

References:

1.On the National Security and Defense of Ukraine: Law of Ukraine on March 5, 1998. № 35/1998 [electronic resource] – Access: http://zakon4.rada.gov.ua/laws/show/183/98-%D0%B2%D1%80.

2. On legal regime of martial law: the Law of Ukraine of 6 April 2000 р. № 28/2000. : [Electronic resource] – Access: http://zakon4.rada.gov.ua/laws/show/1647-14.

3. The provisions of Presidential Commissioner for Children’s Rights Ukraine: Ukraine Presidential Decree of 11 August 2011 р. № 811/2011: [electronic resource] – Access: http://www.president.gov.ua/documents/13858.html .

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

5. Kopyeychykov V. Principles of Constitutional Law of Ukraine / V. Kopyeychykov. – Kyiv: YurinkomInter, 1998. – 288 p.

6. Kravchenko V. Constitutional Law of Ukraine / V. Kravchenko. – Kyiv: Atika, 2000. – 320 p.

 

 

 

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