Borrowing of experience of foreign countries in the aspect of improvingthe legal status of the President of Ukraine

  • H. V. Zadorozhnia
Keywords: legal status of the head of state, a temporary vacancy, impeachment, secret items, international treaties

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 introducing systematic changes to national legislation. Such changes cover a number 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; prohibition 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 community.

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 legal 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, Vietnam, 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 Constitution 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 experience of constitutional control provides grounds for the development of the legal status of the President of Ukraine.

References

Rozvytok publichnoho prava v Ukraini (dopovid za 2009–2010 roky) / za zah. red. N. V. Aleksandrovoi, I. K. Koliushka. — K. : Vyd. Konus-Iu, 2011. — 726 s.
Published
2018-12-20
How to Cite
Zadorozhnia, H. V. (2018). Borrowing of experience of foreign countries in the aspect of improvingthe legal status of the President of Ukraine. Administrative Law and Process, (1(19), 136-144. Retrieved from http://applaw.net/index.php/journal/article/view/81
Section
Theory and history of law