REPUBLIC FORM OF GOVERNING: ITS PECULIARITIES IN UKRAINE

Author (s): Oliynyk V. S.

Work place:

Oliynyk V. S.

Ph.D. in Law, Senior Lecturer of the Department of State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2018 No 2(4): 15-26

https://doi.org/10.32755/sjlaw.2018.02.015

Summary

The main feature of the public that distinguishes it from the monarchy is that its bodies of the public power are elected by people for a definite term.

Legal features of the republic are:

  1. restriction of the state power of the highest bodies by a term defined in the constitutional laws;
  2. electivity and periodic change of the highest body of the legislative power and head of the state (president);
  3. liability of head of the state;
  4. supremacy of acts adopted by the highest legislative body of the country.

As to the modern forms of governing and the variety of the republic forms of governing, the major criterion is interrelations between the parliament, head of the state and the government.

The classic doctrine of the constitutional law, that we give preference to, classifies the republic form of governing into the president, parliament and mixed (parliament and president, president and parliament) model.

The Constitution of Ukraine of 1996 approved the mixed model of the republic. The Constitution of Ukraine defines the President as head of the state. The model of distribution of powers in the state power triangle «parliament – government – President» that exists in Ukraine corresponds to the principles of the Parliament and president republic.

Critics of the modern Ukrainian parliament and president form of governing state that nowadays there is dualism of the president and parliament power in Ukraine. Before the president elections in the country the political and social tension increases by many times. Those who support the parliament form of governing in Ukraine believe that expenses of financial, economic and political resources on maintaining the president vertical and president election company will decrease when the country changes its model of governing and accordingly one of the factors of the next social and political opposition will be liquidated. The elections to the parliament will be the first priority for the country and after them the further fate of the country will be determined by the parliamentary majority who will form the government.

But the parliament form of governing as well as all others has a number of drawbacks. They are unstable coalitions in the parliament systems, frequent changes of the governments, unstable political system as a whole, lack of pragmatism. It’s not also clear if any transition to a new form of governing is possible at present time.

The following recommendations can be made:

  • to work out a long-term project (for a term of 5 years) of the transition from a mixed republic to a parliament republic in Ukraine.
  • state mass media should describe the process of the governing reform and explain its positive sides.
  • it’s necessary to hold the national referendum on the change of the form of governing in the state.

Key words: republic, monarchy, president republic, mixed republic, parliament republic, president, government, parliament.REFERENCES

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