Політичні дослідження (Nov 2023)
Evolution of the institutional capacity of the Parliament of Ukraine: historical and political analysis
Abstract
The article analyses the evolution of the institutions of the organization of the power system in Ukraine in general and the institution of parliamentary system in particular. The problems that, in the opinion of the author, determine the vulnerability of the institutional capacity of the political system are singled out. The attention is focused on the instability of the regulatory and legal framework ― the repeated introduction of constitutional changes regarding the models of the organization of power, the transformation of certain norms of the Constitution of Ukraine, which determined the place and role of the parliament in the political field of the country. It has been proven that such variability of the "rules of the political game" has acquired signs of a threat to the institutional capacity of the Ukrainian parliament. It is emphasized that, despite the amendments to the Constitution of Ukraine, a number of legal conflicts remain. Among them is the unsettled nature of the institution of the imperative mandate, which gives rise to disagreements in the interpretation of the rules for depriving a people's deputy of his powers; inconsistency of the norms of the Constitution of Ukraine with relevant laws, etc. The author draws attention to the fact that many provisions of the Basic Law are adopted "advance" and regulation of certain norms is foreseen by special laws. At the same time, the adoption of these laws is either delayed, or they are not adopted at all.The author draws special attention to the problem of non-compliance with legally defined procedures in the process of adopting constitutional amendments. The thesis about the presence in Ukraine of the practice of instrumentalizing the Constitution by some political agents, whose activities are not aimed at optimizing the state administration system in the interests of the main source of power ― the people, but in order to satisfy their own political and economic interests, is substantiated. The conclusions of the study are the identification of possible directions for strengthening the institutional capacity of the Ukrainian parliament, harmonization of constitutional norms and overcoming challenges along the way.
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