Publication date: 03.07.2024
Rights and duties of the President in wartime
The President of Ukraine, as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, plays a key role in ensuring national security and defence, especially in wartime. His rights and obligations are defined by the Constitution of Ukraine, laws and other regulatory acts. This article will examine the legal framework, rights and responsibilities of the President of Ukraine in wartime, as well as the mechanisms for exercising these functions and the challenges the President faces in the performance of his duties.
Constitutional and legislative framework
TheConstitution of Ukraine: The fundamental law of the state that defines the legal status and powers of the President in wartime. Article 106 of the Constitution of Ukraine proclaims the President to be the Supreme Commander-in-Chief of the Armed Forces of Ukraine, who is responsible for national security and defence.
TheLaw of Ukraine "On Defence of Ukraine": Establishes the basis for the organisation and activities in the defence sector, defines the powers of the President in the event of martial law.
Law of Ukraine "On the Legal Regime of Martial Law": Regulates the legal regime of martial law, the procedure for its introduction, and the rights and obligations of public authorities, including the President.
Law of Ukraine "On National Security of Ukraine": Defines the legal and organisational framework for ensuring national security, and establishes the powers of state bodies and officials in this area, including the President.
Criminal Code of Ukraine: Provides for liability for crimes against national security, including high treason, espionage and other crimes that threaten national security in wartime.
Rights of the President in wartime
Introduction of martial law: The President has the right to issue a decree on the introduction of martial law in Ukraine or in certain areas of Ukraine in the event of armed aggression or threat of attack, or a threat to the state independence of Ukraine. The decree is subject to approval by the Verkhovna Rada of Ukraine within 48 hours.
Management ofstate defence: The President exercises general management of the state's defence, determines the main directions of defence policy, approves military doctrine, issues orders and directives binding on all military formations and executive authorities.
Appointmentand dismissal of commanders: The President appoints and dismisses the high command of the Armed Forces of Ukraine and other military formations, determines the structure and size of the Armed Forces, and controls their activities.
Mobilisation: The President has the right to declare general or partial mobilisation, issue relevant decrees and orders on mobilisation measures, and ensure the readiness of the Armed Forces and other military formations to perform defence tasks.
Introduction ofemergency measures: The President has the right to introduce emergency measures in the field of national security and defence, including restrictions on the rights and freedoms of citizens, the use of state resources for defence purposes, and evacuation measures.
Conclusion of international treaties: The President has the right to conclude international treaties on defence and security, to attract international assistance, and to cooperate with other states and international organisations to ensure national security.
Duties of the President in wartime
Protection ofsovereignty and territorial integrity: The President is obliged to ensure the protection of the sovereignty, independence and territorial integrity of Ukraine, organise the defence of the state, and take measures to repel armed aggression.
Coordination of activities of the authorities: The President is obliged to coordinate the activities of the executive authorities, the Armed Forces, law enforcement agencies and other structures in the field of national security and defence, to ensure their interaction and efficiency.
Informing the Verkhovna Rada and the public: The President is obliged to inform the Verkhovna Rada of Ukraine and the public about the introduction of martial law, the state of national security, measures taken to protect the state, and the results of their implementation.
Respect for therights and freedoms of citizens: The President is obliged to ensure the observance of the rights and freedoms of citizens, even under martial law, and to apply restrictions only in cases provided for by law and to the minimum extent necessary.
Ensuring the functioning of state institutions: The President is obliged to ensure the smooth functioning of state institutions, organise and hold elections, referendums and other events envisaged by the Constitution and laws of Ukraine.
Mechanisms for exercising rights and obligations
TheNational Security and Defence Council of Ukraine (NSDC): The President chairs the NSDC, which is the coordinating body for national security and defence. The NSDC develops strategies and programmes to ensure national security and coordinates the activities of executive authorities in this area.
TheArmed Forces of Ukraine: The President is in direct command of the Armed Forces, appoints and dismisses the high command, and determines the main directions of defence policy. The Armed Forces execute orders and directives of the President.
Security Service of Ukraine (SBU): The president appoints and dismisses the head of the SSU, determines the main directions of the service's activities, and oversees the implementation of state security tasks.
Ministry of Defence of Ukraine: The Minister of Defence is appointed and dismissed by the President, manages the activities of the Ministry, and executes the President's orders and directives in the field of defence.
International cooperation: The President represents Ukraine in international organisations, participates in international security summits, conferences and forums, and concludes international security treaties.
Challenges and problems
Geopolitical challenges: Ukraine faces numerous geopolitical challenges, including aggression by the Russian Federation, occupation of Crimea, and the military conflict in eastern Ukraine. The President plays a key role in protecting national interests in the international arena, attracting international support and sanctions against the aggressor.
Internal stability: An important task of the President is to ensure internal stability, fight against terrorism, separatism, organised crime, and ensure law and order and security of citizens.
Resource constraints: Martial law conditions require significant resources for defence, mobilisation, evacuation and other measures, which may create additional challenges for the President.
Ensuring respect for the rights and freedoms of citizens: The conditions of martial law may require temporary restrictions on the rights and freedoms of citizens, which creates risks to the rule of law and human rights protection.
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