ADVANTAGES AND DISADVANTAGES OF THE INTRODUCTION OF BICAMERAL PARLIAMENT IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)Publication Date: 2020-05-31
Authors : Shcherbakov Volodymyr; Shcherbakov Volodymyr;
Page : 81-90
Keywords : representative democracy; bicameral parliament; bicameralism; constitutional reform; models of bicameral parliament;
Abstract
In the article were analyzed the prospects of introducing a bicameral parliament in Ukraine as one of the forms of the institution of representative power. Much attention was paid to the views of various foreign and domestic scholars, publicists, statesmen on the introduction of a bicameral parliament. In analyzing this issue, the main attention was paid to the foreign experience of bicameralism, because it is the basis for inventing our own development strategy in the direction of such constitutional and legal reform in Ukraine. Сountries with a federal state system, such as the United States, Canada, and Belgium, were studied, and the peculiarities of the functioning of their parliaments in relation to other public authorities were revealed. Significant emphasis is placed on unitary countries with a bicameral parliament as a form of institution of representative power, including Italy, Spain, Poland. Particular attention was paid to Poland because of its procedural regulation of the mechanism of functioning of the legislative body of state power and the opinion of scholars on more suitable model of Poland parliamentarism for implementation in Ukraine. The emphasis is on unitary countries with polycameralism, because they are more indicative for the Ukrainian format given their form of state system. In the article was analyzed the negative Ukrainian experience of the constitutional and legal reform of 2004, which actually introduced the parliamentary-presidential form of the government, its positive and negative features, the decision of the Constitutional Court of Ukraine on the Law, by which this reform was introduced, and exactly declaring this Law unconstitutional and the views of scholars on this issue. By the author were analyzed positive and negative aspects of bicameral system of functioning of the legislative body of state power. The opinion was expressed on the necessity of improving the electoral system of Ukraine, which, by the opinion of the author, is a more urgent issue for reforming in today's conditions. Were presented opinions of domestic scientists on the expediency of implementation of bicameralism in Ukraine or vice versa were given.
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