THE DEVELOPMENT OF HEAD OF STATE INSTITUTE: EXPERIENCE AND MODERNITY OF UKRAINE
Journal Title: Право та інновації - Year 2016, Vol 3, Issue 15
Abstract
Problem setting. The ongoing process of constitutional modernization in Ukraine is logically associated with improving the system of public authorities in general, optimization of its structure and the formation of new, more effective mechanisms of interaction of its basic elements, and with a clearer definition of the role and constitutional status of separate state authorities. It has been established that one of the key actors in the implementation of state power in Ukraine is the President, making the presidency an important part of the overall reform of the system of state power in Ukraine, which is able to ensure the success of constitutional reform in general. Analysis of recent researches and publications. The study of this issue was engaged in such scientists as Yu. Barabash, F. Burchak, I. Protsyuk, V. Skripnyuk, A. Sovgira, M. Zwick, N. Shuklina, et al. Article’s main body. The relevance of treatment to this problem is determined by several factors. Firstly, as noted by Yu. a. Barabash, the problem of determining the President’s status as head of state which in reality leads to the emergence of a number of complex theoretical and practical contradictions in the functioning of the system of state power has not been solved yet, on the territory of the former Soviet republics until today. In Ukraine and in other countries that emerged on the territory of the former USSR, the position of the President was one of the key not only in the system of public authorities, but also in the process of implementing democratic reforms. Secondly, it should be noted that the existence of «strong» presidential power, highlights the issue of rethinking or refinement of the classic trioxolane model of separation of state power into the appropriate branches (Executive, legislative and judiciary). Conclusions and prospects for the development. Thus, summarizing the results of the study we can formulate the following conclusions. Firstly, one of the defining directions of constitutional modernization in Ukraine should be institution of the head of state improving in more precise of constitutional definition of his status. Secondly, an important step in the constitutional status of the head of state is the consolidation of the basic principles by which he is guiding in its activities
Authors and Affiliations
A. A. Yakovlev
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