Regulatory authorities of the president of Ukraine: concept and legal nature
| Autor: | Z. Pogorelova |
|---|---|
| Rok vydání: | 2022 |
| Zdroj: | Uzhhorod National University Herald. Series: Law. 1:67-72 |
| ISSN: | 2664-6153 2307-3322 |
| DOI: | 10.24144/2307-3322.2022.72.11 |
| Popis: | The article is devoted to consideration of the concept and legal nature of the normative powers of the President of Ukraine through the prism of consideration of the history of the formation of the institution of the president in the world, the dependence of the key characteristics of these powers on the role and status of the president in the state, correlation between traditional spheres of responsibility (foreign policy and supreme representation of the state in international relations, national security and defense) and features determined by the form of government and separation of powers between the legislative and executive branches of government, the place of the president in the system of this distribution and the assignment of the appropriate amount of tasks and functions to manage the state. The types of powers available to the President of Ukraine are outlined, among which domestic political, rule-making, legislative, representative, foreign policy, establishment, control, ceremonial and other powers are distinguished. The significance and place among them of rule-making powers is substantiated. The legal nature and interrelationship of rule-making powers with the constitutional and legal status of the President of Ukraine, and their use as a means of exercising state power, exclusively for the purpose of the President of Ukraine's performance of his functions, tasks and powers, are investigated. The legal content of rule-making powers is revealed as powers to establish, change and cancel mandatory rules of conduct in the form of issuing normative acts of the President of Ukraine. The conclusion is substantiated that the essence, meaning of rule-making powers, their role in the implementation of tasks and other powers of the President of Ukraine necessitate their implementation in a special legal form, namely in the form of rule-making activity, which creates opportunities for the formation of scientific foundations for the improvement of legal regulation of rule-making activity and its further effective implementation. |
| Databáze: | OpenAIRE |
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