Breach of the Separation of Powers Doctrine
The separation of state power is the structural differentiation of three coequal primary functions of the state: legislative, executive, and judicial. It reflects the functional definiteness of each state organ, entails not only the demarcation of their powers but also their interaction, a system of mutual checks and balances aimed at ensuring their cooperation as a single state authority.
The principle of the separation of state powers only becomes meaningful under the condition that all state authorities act within a unified legal field.
This means that the legislative, executive, and judicial branches exercise their powers within the limits established by the Constitution of Ukraine and in accordance with the laws of Ukraine (Part Two of Article 6 of the Constitution).
State authorities and local self-government bodies, and their officials are obliged to act only on the basis, within the limits of the powers, and in the manner provided by the Constitution and laws of Ukraine (Part Two of Article 19 of the Constitution of Ukraine).
The strict adherence by the legislative, executive, and judicial branches to the Constitution and laws of Ukraine ensures the implementation of the principle of separation of powers and is a guarantee of their unity, an important condition for stability, maintaining public peace, and concord in the state.
Systemic violations of the principle of separation of powers always lead to adverse outcomes in all countries if not halted at the onset. This is invariably accompanied by slogans about protecting the country’s security, societal needs, and the necessity for anti-corruption reforms.
Currently, in Ukraine, all power resides with an unauthorized institution - the Office of the President of Ukraine, whose officials control all branches of power, constituting a breach of democratic principles, and consequently, a violation of the rights of Ukrainian citizens to governance in their country.
Copyright