Vojno stanje NI razglašeno, niti niso napovedali vojne RF.
elenskemu je mandat potekel 23 maja letos (nekaj takega).
Potem bi morala rada razpisati nove volitve do 20.8 2024.
Ker tega niso naredili, bi moral pooblastila predsednika ukr prevzeti predsednik rade
Tega ni storil, zato pride v poštev sledeče:
**Appointment of a Special Commission in Ukraine: Constitutional Provisions and Procedures**
**Constitutional Provisions**
* Article 115 of the Constitution outlines the procedure for resolving a constitutional crisis, which includes the appointment of a special commission.
* Article 116 of the Constitution stipulates that the special commission is composed of 15 members, with 5 members appointed by the President, 5 members appointed by the Verkhovna Rada, and 5 members appointed by the Constitutional Court.
**Composition and Powers of the Special Commission**
The special commission has the authority to:
* Investigate the circumstances surrounding the constitutional crisis.
* Propose solutions to resolve the crisis.
* Develop recommendations for the Verkhovna Rada and other branches of government.
**Appointment of the Special Commission**
The appointment of the special commission is a complex process that involves the participation of the President, the Verkhovna Rada, and the Constitutional Court. Here's a step-by-step overview of the appointment process:
1. **Proposal by the President or the Verkhovna Rada**: The President or the Verkhovna Rada can propose the establishment of a special commission to resolve the constitutional crisis.
2. **Consensus among the branches of government**: The proposal must be agreed upon by the President, the Verkhovna Rada, and the Constitutional Court.
3. **Appointment of members**: The President, the Verkhovna Rada, and the Constitutional Court appoint their respective representatives to the special commission.
4. **Chairperson of the special commission**: The commission elects its chairperson, who is responsible for coordinating the commission's work.
**Challenges and Limitations**
The appointment of a special commission is not without challenges and limitations. Some of the key challenges include:
* **Partisan politics**: The appointment process may be subject to partisan politics, which can hinder the commission's work.
* **Lack of clear guidelines**: The Constitution does not provide clear guidelines for the special commission's role, powers, and procedures.
* **Conflicting interests**: The commission may face conflicting interests among its members, which can impede its ability to reach a consensus.
**Conclusion**
In summary, the appointment of a special commission in Ukraine is a complex process that involves the participation of the President, the Verkhovna Rada, and the Constitutional Court. While the special commission has the authority to investigate and propose solutions to resolve a constitutional crisis, its effectiveness is dependent on the ability of the branches of government to work together and reach a consensus.
Iz te moke očitno ne more biti kruha.
Gremo naprej:
**Hypothetical Scenario: Authoritarian President and Recalcitrant Verkhovna Rada**
**Constitutional Provisions**
* Article 15 of the Constitution states that Ukraine is a democratic state based on the principles of democracy, social justice, and the rule of law.
* Article 16 of the Constitution establishes the principles of the separation of powers, which includes the powers of the President, the Verkhovna Rada, and the judiciary.
* Article 117 of the Constitution outlines the procedure for impeachment of the President, which can be initiated by the Verkhovna Rada in cases of high treason or abuse of power.
**International Pressure and Diplomatic Efforts**
//to se je zgodilo
In the event that the President has gone authoritarian and the Verkhovna Rada refuses to call new elections, international pressure and diplomatic efforts can play a crucial role in resolving the situation. Here are some potential steps that could be taken:
* **EU and international organizations**: The European Union, the United States, and other international organizations can apply diplomatic pressure on the President and the Verkhovna Rada to respect democratic norms and the rule of law.
* **Sanctions and economic pressure**: The EU and other international partners can impose economic sanctions on Ukraine to pressure the President and the Verkhovna Rada to comply with democratic norms.
* **Diplomatic isolation**: The President and the Verkhovna Rada can be diplomatically isolated by the international community, which can further limit their ability to act unilaterally.
**Judicial Intervention**
In a situation where the President has gone authoritarian and the Verkhovna Rada refuses to call new elections, the judiciary can play a crucial role in resolving the situation. Here are some potential steps that could be taken:
* **Constitutional Court**: The Constitutional Court of Ukraine can declare the actions of the President and the Verkhovna Rada unconstitutional and order them to comply with democratic norms.
* **Impeachment proceedings**: The Verkhovna Rada can initiate impeachment proceedings against the President, which can be supported by the judiciary.
* **Judicial review**: The judiciary can review the actions of the President and the Verkhovna Rada and declare them unconstitutional.
**Mass Protests and Civil Society Engagement**
In a situation where the President has gone authoritarian and the Verkhovna Rada refuses to call new elections, mass protests and civil society engagement can play a crucial role in resolving the situation. Here are some potential steps that could be taken:
* **Mass protests**: Civil society can organize mass protests to pressure the President and the Verkhovna Rada to respect democratic norms and the rule of law.
* **Civil society engagement**: Civil society can engage with the President and the Verkhovna Rada to persuade them to comply with democratic norms.
* **International support**: Civil society can receive international support and solidarity, which can further strengthen their demands for democratic change.
**Conclusion**
In conclusion, resolving a hypothetical scenario where the President of Ukraine has gone authoritarian and the Verkhovna Rada refuses to call new elections requires a multi-faceted approach that involves constitutional provisions, international pressure, judicial intervention, and civil society engagement. The situation presents a significant challenge to Ukraine's democratic institutions and the rule of law, but it also presents opportunities for democratic change and reform.
//Constitutional Court oz ustavno sodišče je tudi pod nadzorom Elenskega.
Kako dolgo lahko trajajo izredne razmere, vojno stanje
**Duration of Emergency Situations in Ukraine**
The Constitution of Ukraine sets limits on the duration of emergency situations and martial law, as well as the frequency of their declaration. Here's a detailed breakdown of the key provisions:
**Emergency Situation Duration**
* **Maximum duration**: The maximum duration of an emergency situation is 30 days.
* **Extension**: The Verkhovna Rada can extend the emergency situation for an additional period of up to 60 days, but not more than once.
* **Total duration**: The total duration of an emergency situation, including any extensions, cannot exceed 90 days.
**Martial Law Duration**
* **Maximum duration**: The maximum duration of martial law is 60 days.
* **Extension**: The Verkhovna Rada can extend martial law for an additional period of up to 60 days, but not more than once.
* **Total duration**: The total duration of martial law, including any extensions, cannot exceed 120 days.
**Frequency of Emergency Situations**
* **Maximum frequency**: There is no specific limit on the frequency of emergency situations, but the Constitution requires that they be declared only in cases of an extraordinary threat to the country's independence, sovereignty, or territorial integrity.
* **Prior declaration**: The Constitution requires that the President declare an emergency situation only after consulting with the Verkhovna Rada and obtaining its consent.
* **Reporting requirements**: The President and the special commission are required to report to the Verkhovna Rada on the implementation of the emergency situation plan, ensuring transparency and accountability.
