Tellis S. Institute of presidency in Ukraine and Hungary: theoretical and legal comparative analysis

This thesis is one of the first in Ukraine complex scientific comparative and legal studies of the theoretical and legal status of the presidency in Ukraine and in Hungary. The thesis reveals the peculiarities of formation and functioning of the institution of presidency in Ukraine and in Hungary in the context of state and legal development, in which the place and role of the president in the functioning of state power in both countries are outlined using modern methods of scientific cognition and considering the achievements of jurisprudence. We analysed the experience and problems of regulatory and legal definition of the regulative, supervisory, personnel and constituent functions of the President of Ukraine and the President of Hungary, highlight the role of the subjective factor as a criterion attribute. For the first time in Ukraine, the thesis uses and introduces into scientific circulation legal documents published in Hungarian that regulate the functioning of the institution of the presidency in Hungary. We draw conclusions about the legal origins and paradigms of the social and legal process of implementation of the presidency in both states. The conclusions are based on the study of the legal heritage the normative provision of the functioning of the highest state authorities in Ukraine and in Hungary through the prism of theoretical and legal research of the institution of presidency. The thesis formulates the author's definition of the "presidium regime of government" as the forerunner of presidential government in socialist times, allowing us to summarise the criteria for determining the subjects of power and formulate a definition that reflects the main provisions of state and legal development of socialist Ukraine, where the Presidium of the Verkhovna Rada performed a number function, which in a democratic state structure became inherent to the President. The thesis analyses the historical and legal aspects of the genesis of the institution of head of state in Ukraine and Hungary and establishes their special nature with some common features: 1) the institution of head of state in Ukraine is evolving in line with the further development of the Soviet legal system and the presidium regime of government; 2) the institution of head of state in Hungary is evolving in line with the development of a parliamentary form of government and the succession of public authorities; 3) the general is conditioned by the Soviet legal legacy in both countries, constitutional standard-setting has been embodied by changes to the existing regulatory framework. As part of a research on the institution of presidency as a set of constitutional and legal regulations, the author analyses the status and powers of the president as set out in legal acts of constitutional importance. We conducted a comparative analysis of constitutional and legal norms regulating the functioning of the presidency institution in Ukraine and Hungary, namely, regulatory, control, personnel, and constituent functions of the president. Using a comparative and legal analysis of the constitutional and legal status of the presidency institute in Ukraine and Hungary, the differences and parallels of these important national institutions were identified, which allowed to correlate the trends of the institute development in both states. The thesis substantiated the features of the modern institution of the presidency in Ukraine and Hungary and established the following: 1) the lack of specificity and clear definition of the theoretical and legal status of the President of Ukraine in terms of his role in the system of state administration enables the institution of the presidency to be filled with subjective content in general; 2) a clear definition of the theoretical and legal status of the President of Hungary contributes to the effective functioning of the institution of the presidency in the system of state bodies; 3) the scope of powers of the President of Ukraine exceeds the scope of powers of the President of Hungary. This is particularly evident in the comparative legal analysis of the constitutional powers of the presidents in their various spheres of competence. The conclusions of the analysis of the status and scope of presidential powers correlate with the historical legal heritage determining of the place and role of the head of state in the power system in both countries. A significant influence of the historical and legal heritage on the formation of this institution in both countries has been noted the point of which is that: 1) In Ukraine, the institution of presidency has established itself as the centre of state administration and has signs the legacy of a presidium regime of government 2) In Hungary, constitutional and legal innovations have created a "strong" parliament and a "neutral" president who has no clear relationship to the executive branch.