The Constitutional Basis for the Separation of Powers in Ukraine

Abstract

The article is aimed at analysing the constitutional basis of the separation of state powers in Ukraine. One of the guiding principles of the constitutional system, the separation of powers (legislative, executive and judicial), is enshrined in art. 6 of the Constitution of Ukraine. By strengthening the principle of separation of state powers according to constitutional norms, it is possible to balance the whole system of state bodies and delimit their competencies as clearly as possible. This means, firstly, that certain independence of each authority is secured; secondly, their competencies are clearly divided; and, thirdly, every state body can make its opinion known, by opposing the decision of another body and at the same time controlling its actions. Having investigated the constitutional basis for the separation of powers, the authors conclude that the Constitution of Ukraine contains appropriate mechanisms for interaction between the legislative, executive and judicial branches of power, but these require a more detailed application and implementation in practice.

Keywords

• constitution of ukraine
• state powers
• branch of power
• legislative
• executive
• system of “checks and balances”