Byelov D. The comparative-legal analysis of the institution of presidency in Ukraine and France.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U003233

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

30-06-2005

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The dissertation deals with the comparative-legal study of the formation and evolution of the institution of presidency in Ukraine and France. The reasons for establishing the office of the president in these countries are analyzed; the factors favouring the formation of the specific features of Ukrainian and French presidency are investigated. The author defines common and distinctive features of the valid constitutions of Ukraine and France. Similar features of semi-presidential forms of government in Ukraine and France are defined. The role and place of the president among other bodies of the government are investigated; on the basis of the experience of France the arbitrator status is suggested to legislatively allot to President of Ukraine. In the thesis the procedures of the presidential elections in Ukraine and France are compared, the attention is focused on the questions of presidential authority term, certain stages of the election process are analyzed, and the systems of presidential elections of Ukraine and France are investigated. The norms of the constitutional legislation of the French Republic, which are expedient for applying to the inauguration and dismissal from the office of the president in the Ukrainian legislation, are dealt with. In the dissertation the peculiarities of the legal status of presidents of Ukraine and France are defined, the competence of presidents in the aspect of their interrelations with parliaments and governments of their countries is investigated. The conceptual principles are formulated, new suggestions and inferences concerning the problems under consideration are grounded.

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