The role of the constitutional court of Ukraine in ensuring the legitimacy of the parliament and president’s power
| Date | Issue |
|---|---|
2024 | 3 |
The article examines the role of the Constitutional Court of Ukraine in ensuring the legality of the activities of the President of Ukraine. The constitutional and legal status of the Court, its functions and powers to control the constitutionality of presidential acts are analyzed. Based on Article 103 of the Constitution, the president is elected for 5 years. But taking into account the continuity of the exercise of state power in Ukraine, there is a clear record in the first part of Article 108 that the president exercises his powers before the newly elected president of Ukraine takes office. This means that his duty is to perform the functions of the president, there is no other option. This president should be replaced only by his successor – not an acting president, but a full-fledged president, who should be elected in the next free democratic elections. The purpose of this article is to analyze the constitutional powers of the President and the Parliament of Ukraine, the specifics of their activities under martial law, as well as the development of recommendations for improving legislation to ensure the continuity and efficiency of state administration.