FUNCTIONS AND POWERS OF THE PRESIDENT OF UKRAINE IN THE FIELD OF NATIONAL SECURITY AND DEFENSE: PROBLEMS OF THE CONSTITUTIONAL MECHANISM OF IMPLEMENTATION

Abstract

The research article examines the problems of the constitutional mechanism for the implementation 
of the functions and powers of the President of Ukraine in the sphere of national security and defense.
The article establishes that the constitutional powers of the President of Ukraine in the sphere of national 
security and defense are too generalized, fragmentary and unsystematic. That not only complicates, but also 
provokes a discretionary form of implementation of the status of the President of Ukraine as the guarantor 
of state sovereignty and territorial integrity of Ukraine, the head of the national security system of Ukraine and 
its foreign policy activities, the Supreme Commander-in-Chief of the Armed Forces of Ukraine, and threatens 
the President of Ukraine with a violation of the limits of his constitutional competence.
The need to expand the list of constitutional powers of the President of Ukraine in the sphere of national 
security and defense is substantiated in order to properly ensure his constitutional functions in this sphere.
The article investigates the problems of the implementation of the functions and powers of the President 
of Ukraine in the sphere of national security and defense under the conditions of the mixed republican 
form of government adopted in Ukraine. The dualistic organization of the executive branch established by the Constitution of Ukraine determines the functional dependence of the President of Ukraine on the Cabinet 
of Ministers of Ukraine. The Government and the system of relevant executive bodies subordinate to it mediate 
the implementation of the functions and powers of the President of Ukraine in the sphere of national security 
and defense. At the same time, the instruments of influence of the President of Ukraine on the Cabinet 
of Ministers of Ukraine enshrined in the Constitution of Ukraine are insufficient for the effective implementation 
of the competence of the President of Ukraine in the sphere of national security and defense through the system 
of executive bodies.