Open AccessHISTORICAL ASPECTS AND FEATURES OF THE FORMATION OF THE INSTITUTION OF THE PRESIDENCY IN THE UKRAINE AND POLAND: COMPARATIVE ANALYSIS
Author(s) -
Ya.V. Chystokolianyi
Publication year - 2021
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/392107
Subject(s) - presidency , institution , constitution , political science , the republic , civilization , state (computer science) , law , politics , philosophy , theology , algorithm , computer science
This article contains the results of the comparative analysis of historical aspects and features of the formation of the institution of the presidency in the Ukraine and Poland. It shows that the civilizational type of the country, together with historical experience of state building, has a significant impact on the formation and activity of the presidency as legal institution. Poland is a part of western civilization and has existed as an independent state for a long time. Therefore there are developed traditions of regulation and activity of the head of state’s body. At first it was the institution of royal power and since 1921 – the presidency. Historical experience also influenced the institution of the Council of State in the Polish People’s Republic. All this played a positive role in the restoration of the presidency already in the Polish Republic in the 90s of the last century. Based on the 1997 Polish Constitution, it acquired stability and has not changed since then. Ukraine, in accordance with the concept of S. Huntington, is a country civilizationally split between Western and Eastern Orthodox civilization with limited experience of the independent state development. In contrast to Poland, the historical experience of state formation in Ukraine has virtually no legal elements and traditions necessary for the formation of the institution of the presidency of the European type, ie, those that meet the fundamental features of European civilization. An important feature of the formation of this institution is the different content and intensity of the impact of civil society and its institutions. The institution of the presidency in the Ukraine was created under the predominant influence of the “old” party nomenclature rather than civil society and opposition organizations. It did not acquire stability, but the president always retains constitutional and informal opportunities for authoritarian tendencies. Today, the prospects for development of this institution in the Ukraine do not look obvious and understandable.