Dualistic organization of the executive authority: theory issues and modern ukrainian experience

Аннотация

The form of government established by the current version of the Constitution of Ukraine generally meets the criteria of a mixed republic. One of the distinguishing features of the mixed republican form of government is the dualism of executive power, which provides for the constitutional consolidation of the joint competence of the president and the government in the executive branch. The presence of the president and the prime minister as two leading subjects of the executive power, none of whom dominates competently, prevents the abuse of executive power. The dualistic organization of the executive power also makes it possible to reduce the danger of a tough confrontation between the head of state and the parliament, a potential flaw of the presidential form of government, and the threat of permanent governmental instability, a potential flaw of the parliamentary form of government. The model of competence relations between the president and the government has a decisive influence on the effectiveness of the mixed republic. The general mixed republic approach to the division of powers between the president and the prime minister in the executive branch is that although the respective powers of these subjects are “intertwined”, the powers of the president are decisive. The president as a head of state is mainly responsible for solving strategic issues, controls such spheres of state authority activities as foreign policy, national security and defense, while the prime minister solves tactical tasks and carries out operational, day-to-day management. The analysis of the relationship between the president and the executive power characteristic of a mixed republic provides the necessary criteria for assessing the distribution of the joint competence of the President of Ukraine and the Cabinet of Ministers of Ukraine established by the Constitution of Ukraine. The model of competence relationships of these subjects, established by the initial version of the Constitution of Ukraine, corresponds to a greater extent to the criteria of the presidential form of government, and the current version of the Constitution of Ukraine complies with the criteria of a mixed parliamentary-presidential republic. At the same time, the tools of influence on the executive power available to the President of Ukraine are obviously insufficient and create serious complications in the implementation of the constitutional status of the head of state.