Borrowing of experience of foreign countries in the aspect of improvingthe legal status of the President of Ukraine.
Journal Title: Адміністративне право і процес - Year 2017, Vol 1, Issue
Abstract
The article presents a comparative analysis of state practice and constitutional law of foreign countries and Ukraine, on the basis of which the conclusion about the necessity of improving the legal status of the head of state in Ukraine by in- troducing systematic changes to national legislation. Such changes cover a num- ber of issues, in particular: the temporary replacement of the head of state in Ukraine; the legal status of the head of state, retired; transparency of intentions and activities of the President in matters of importance to the company; prohibi- tion to the President to conclude international treaties containing secret items; obligations of the President of Ukraine to appoint a national referendum on the ratification of important political, economic, military, international treaties and denouncing those of them whose ratification has caused mass outrage in the com- munity. The President of Ukraine as head of state is a public authority, which is obliged to carry out their activities openly and transparently in the interests of the state and society. The latter have a right to know not only about the practical steps of the head of state in any sphere of public policy, which he exercises, taking certain le- gal acts, but also to be aware of intentions of the head of state, his position on the situation in the country or even the world. Therefore, we believe it is necessary to use the experience of Portugal, under which Portuguese President is obliged "to speak out against all serious emergency situations of the Republic" (article 134 of the Portuguese Constitution of 2 April 1976). In addition, useful for Ukraine is the national experience of countries in the Muslim and Arab world (Bahrain, Jordan, Qatar), legislation which prohibits the President to conclude international treaties containing the «secret items». The potential of an all-Ukrainian referendum, unlike in other countries (Austria, Viet- nam, Iceland), not used in the solution of the issue of early termination of powers of the President. That's why, we offer to complement part 2 of article 108 of the Con- stitution of Ukraine, paragraph 5, as follows: "5) the opinion of the President of Ukraine from office by decision adopted by a national referendum". So, foreign ex- perience of constitutional control provides grounds for the development of the le- gal status of the President of Ukraine.
Authors and Affiliations
Г. В. Задорожня
Keywords
Related Articles
- EP ID EP440342
- DOI -
- Views 90
- Downloads 0
Characteristics of administrative justice in the works of leading domestic scientists
The article investigates and analyzes the basic theoretical questions of administra- tive justice institution in the works of leading domestic scientists. Thesis there is de- termined basic scientific approaches to deter...
Subjects that provide and participate in the movement of metal through the customs border of Ukraine
The article is devoted to the characteristic of the subjects that provide and partici- pate in the movement of metal through the customs border of Ukraine. The classifica- tion of such subjects is given in the article an...
Powers of the prosecutor in proceeding in cases of administrative offenses: search of functional dependency
The article highlights the issues of legal regulation powers of the prosecutor in the proceedings in cases of administrative offenses related to the search of functional dependency; analyzes the problems of legal methodo...
Demands to a judge in Ukraine
In the article the author defined demands to professional judges in Ukraine, based on knowledge, skills and competences of the person, applying for a position of a Judge in Ukraine. Author stressed in the article, that...
Legal administrative regulation of state registration of legal entities
The issue of sectoral affiliation of state registration of legal entities is analyzed in this article. It’s proved that specific features of executive activity, legal status, methods and means of legal regulation that...