Надзвичайні повноваження глави держави: правове регулювання та ризики

The article explores the constitutional and legal foundations of the head of state’s emergency powers and how Ukraine regulates them. It explains the legal nature, parameters, and limitations of these powers. The article also describes how the head of state obtains emergency powers and analyzes how they are used in practice. It emphasizes that the head of state can exercise powers beyond ordinary constitutional and legal boundaries during emergencies such as war, pandemics, natural disasters, and more. These powers help governments respond to threats appropriately and democratically. However, they also carry risks, including power imbalances and restrictions on human rights and freedoms, which could lead to power abuse. The article compares how different countries approach emergency powers, focusing on the experience of the United States. This example illustrates the American tradition of presidential emergency powers, the role of Congress in overseeing these powers, and how the judiciary reviews executive actions during crises. The article also examines the risks of using emergency powers in Ukraine, particularly concerning the system of checks and balances. It explores proposals for changes that could enhance the legitimacy and accountability of presidential emergency powers. By analyzing international experiences, the article suggests practical measures to strengthen parliamentary oversight and involve civil society institutions in decision-making during states of emergency or martial law. The article concludes that the head of state should use emergency powers only in exceptional cases, for a limited period, and with democratic control to prevent power abuse.