Українською | In English
Viche 2010 №23

№23, 2010

Legislative Power: Ukrainian Realities and Doctrine Problems

In the legal state the power is to be limited by the law, besides historical experience indicates that it has to be maximally restrained in the possibility to change the legislation arbitrarily for the sake of its own benefit.

 

Creation of the system of moderations and counterbalances with the assistance of the division of the state authority on separate interactive branches which control each other provides the optimum functioning of the state mechanism; it does not give the possibility to none of branches of power to usurp authority plenary powers of others. By the way, the idea of division of authorities first was officially accepted in Ukraine - it became one of postulates of the Constitution of Hetman Filip Orlyk dated April, 5, 1710.

 

As of today the problems of improvement of mechanisms of inhibitions and counterbalances, and also the determination of conceptual model of reformation of legislative power, which with proper self-sufficiency could eliminate any possibilities of reanimation of dictatorship and totalitarianism and could provide the supremacy of law, are in the center of attention of both politicians and research workers.

 

In fact the imperfection of legislative power and its activity is a disappointing sign of our society. Formation of the parliament according to the lists from the parties and blocks results in the formation of the hypertrophied form of politicization of legislative power – power, which has to be wise, reasonable, independent and not motivated because it deals with the most difficult and thinnest matter – the law.

 

Transition to the procedure of election of deputies based on party lists resulted in many troubles. 

 

The members of the parliament don’t have to be a political club but professional legislators, creators of just and noble laws which could convert the law into the art of good and justice. Therefore while the norms of the Constitution, which were accepted during one night under the slogan of political reforms, are not abolished, until then we are forced to live as on a volcano.

Volodymyr TERTYSHNYK