After May 20, 2024, in the current situation (if it does not change), the powers of the President of Ukraine should be exercised by the current head of state, Vladimir Zelensky.
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This is determined by the Constitution of Ukraine and the Law of Ukraine “On the Legal Regime of Martial Law,” Nikolai Melnyk, judge of the Constitutional Court of Ukraine (2014 -2019), Doctor of Law, Professor, told Rakurs.
The Constitution obliges the current head of state to fulfill his powers until he is replaced in this post by a newly elected president, Melnyk said in the material “The legitimacy of the president: how to prevent the crisis of May 20 – opinions of the judges of the Constitutional Court.”
He believes that the question of the legitimacy of President Zelensky after the expiration of his five-year term in office has arisen:
- different interpretations of the Constitution;
- using as an argument only one of a number of existing constitutional provisions (non-systematic approach);
- failure to take into account the norms of “ordinary” laws in which the corresponding constitutional provisions are developed.
To correctly answer this question, several important points should be taken into account, Nikolai Melnik believes, but it should be noted that in no case can the Constitution be an instrument of destruction and destruction of the state.
The institution of the president is constitutionally designed and built into the system of state power in such a way that it cannot “fall out” of it, at least for some period. The functions and powers of the President must be exercised constantly and continuously.
A special feature of the presidential institution in Ukraine is that no one can temporarily replace the president in order to perform his duties during vacation, illness, and the like,” the lawyer said.
He recalled that the Constitution provides for the only case of the exercise of the powers of the President by another official – the Chairman of the Verkhovna Rada in the event of early termination of the powers of the President in accordance with Articles 108, 109, 110, 111 of the Constitution. And then – in a limited volume and only for a while.
Another aspect: the Constitution cannot be “read” by snatching one fragment from it and disregarding the others.
For example, Melnik makes a categorical statement such as that Part 1 of Art. 103 of the Constitution clearly and unambiguously establishes that the president is elected for a term of five years. “And – period.”
Indeed, this norm of the Constitution provides that “the President of Ukraine is elected by citizens of Ukraine on the basis of universal, equal and direct suffrage by secret ballot for a period of five years.” But this is not at all a “point” in the issue of exercising the powers of the president. For there are other constitutional provisions used in systemic connection with the same part 1 of Art. 103 of the Constitution determine important aspects of the president’s exercise of his powers. Namely, they provide for the possibility of both reducing and increasing the five-year term for exercising the powers of the president,” explains Melnyk.
So, part 2 of Art. 108 of the Constitution establishes cases of early (i.e., before the expiration of a five-year term) termination of the powers of the president (resignation, inability to fulfill his powers for health reasons, removal from office by impeachment, death).
At the same time, Part 1 of Art. 108 of the Constitution provides for the possibility for the president to exercise his powers for more than five years, establishing that the President of Ukraine exercises his powers until the newly elected President of Ukraine assumes the post.
At the same time, the Constitution imperatively obliges the current head of state to fulfill his powers until he is replaced in this post by a newly elected president.
The position of the president (in the sense of exercising his powers) cannot be empty, since this ensures the constancy and continuity of the functioning of the institution of the president and the normal functioning of the entire system of power in Ukraine.
Source: Racurs
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.