Publication date: 03.07.2024
Constitutional powers of the President of Ukraine
Introduction
The President of Ukraine is the head of state and performs important functions in the system of state power. His powers are defined by the Constitution of Ukraine and other legislative acts. In this article, we will examine the constitutional powers of the President of Ukraine, their scope, the procedure for their exercise, and the role of the President in the system of checks and balances.
Constitutional framework
TheConstitution of Ukraine: The fundamental law of the state that defines the legal status, powers and procedure for the election of the President of Ukraine. The Constitution of Ukraine was adopted by the Verkhovna Rada of Ukraine on 28 June 1996.
Laws of Ukraine: Regulate certain aspects of the President's activities, including legislation on elections, national security, defence, foreign policy and other issues.
Presidential decrees and resolutions: The President issues decrees and orders that are binding throughout Ukraine and must comply with the Constitution and laws of Ukraine.
Key powers of the President
Head of State: The President represents Ukraine in the international arena, leads the country's foreign policy, concludes international treaties, and accepts credentials and letters of recall from diplomatic representatives of foreign states.
Guarantor of the Constitution: The President is the guarantor of the observance of the Constitution of Ukraine, human and civil rights and freedoms. He exercises control over the activities of executive bodies and other state institutions to ensure constitutional order.
Supreme Commander-in-Chief: The President is the Supreme Commander-in-Chief of the Armed Forces of Ukraine. He appoints and dismisses the high command of the Armed Forces, directs the activities of the National Security and Defence Council of Ukraine, and decides on the use of the Armed Forces in the event of armed aggression against Ukraine.
Legislative initiative: The president has the right of legislative initiative in the Verkhovna Rada of Ukraine, meaning that he can submit bills to the parliament. He also signs or vetoes laws passed by the Verkhovna Rada.
Appointments: The president appoints and dismisses senior officials, including the Prime Minister (with the consent of the Verkhovna Rada), members of the Cabinet of Ministers, heads of state administrations, heads of central executive bodies, and judges of the Constitutional Court and the Supreme Court.
Issuance of decreesand orders: The President issues decrees and orders that are binding throughout Ukraine. Presidential decrees are signed by the Prime Minister and the relevant minister responsible for the implementation of the decree.
Leading foreign policy: The President determines the main directions of the state's foreign policy, represents Ukraine in international relations, concludes international treaties and ratifies them (after approval by the Verkhovna Rada).
Procedure for exercising powers
Election of the President: The President of Ukraine is elected by the citizens of Ukraine on the basis of universal, equal and direct suffrage by secret ballot. The term of office of the President is five years. The same person may not be President for more than two consecutive terms.
Inauguration: The President takes office after taking the oath of office at a solemn session of the Verkhovna Rada of Ukraine. The text of the oath is defined by the Constitution and includes the obligation to uphold the Constitution and laws of Ukraine, to protect the sovereignty and territorial integrity of Ukraine.
Exercise ofpowers: The President exercises his powers in accordance with the Constitution and laws of Ukraine. In case of impossibility to perform his/her duties, they are temporarily performed by the Chairman of the Verkhovna Rada of Ukraine.
Responsibility of the President: The President may be removed from office by impeachment in the event of high treason or other crime. The impeachment procedure includes the creation of a special temporary investigative commission, an investigation, a vote in the Verkhovna Rada and a decision of the Constitutional Court.
The role of the President in the system of checks and balances
Interaction with the Verkhovna Rada: The President oversees the activities of the Verkhovna Rada, has the right of legislative initiative, signs laws or vetoes them. The President's veto can be overridden by a two-thirds majority of MPs.
Interaction with the government: The President appoints the Prime Minister with the consent of the Verkhovna Rada, has the right to initiate the resignation of the government, and appoints and dismisses ministers. At the same time, the government is accountable to the Verkhovna Rada and the President.
Interaction with the judiciary: The President appoints judges of the Constitutional Court and the Supreme Court, issues pardon decrees, and has the right to submit proposals for dismissal of judges in cases provided for by law.
Interaction with local self-government bodies: The President has the right to appoint and dismiss the heads of local state administrations, controls their activities, and ensures compliance with the laws and the Constitution at the local level.
Challenges and problems in exercising the President's powers
Conflicts between the branches of power: Disagreements between the President, the Verkhovna Rada and the government can lead to political crises, conflicts and instability in the country.
Limitation of powers: Constitutional amendments or legislation may limit the President's powers, which may affect his ability to perform his duties effectively.
Political pressure: The President may face political pressure from various political forces, which may make it difficult for him to make independent decisions.
Accountabilityand impeachment: The impeachment procedure may be used as a political tool to remove the President from office, which may pose additional risks to the stability of the state.
Recommendations for improving the exercise of powers
Improveinteraction with the branches of power: Ensure effective interaction between the President, the Verkhovna Rada and the government to address important public issues and prevent political conflicts.
Strengthening the legal framework: Developing and adopting clear legal frameworks governing the president's powers, interaction with other branches of government, and impeachment procedures.
Ensure independence: Supporting the President's independence in decision-making, preventing political pressure from other state institutions and political forces.
Development of democratic institutions: Promoting the development of democratic institutions, ensuring transparency and accountability of the President's activities, and increasing the level of trust in the state authorities.
Conclusion.
The constitutional powers of the President of Ukraine define his role and functions in the system of state power. The President performs important tasks in the areas of foreign policy, national security, legislative initiative and appointments to high positions.
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