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.

     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.