Article 5 of the Constitution of Ukraine establishes that Ukraine is a republic. The bearer of sovereignty and the only source of power in Ukraine is the people.

The people exercise power directly through state authorities and local governments.

The right to determine and change the constitutional system in Ukraine belongs exclusively to the people and cannot be usurped by the state, its bodies or officials. No one can usurp state power.

State power in Ukraine is exercised on the basis of its division into legislative, executive and judicial (part one of Article 6 of the Constitution of Ukraine).

In accordance with the requirements of Art. 19 of the Constitution of Ukraine, state authorities and local self-government bodies, their officials are obliged to act only on the basis, within the limits of authority and in the manner provided for by the Constitution and laws of Ukraine.

Article 17 of the Constitution establishes that the Armed Forces of Ukraine and other military formations cannot be used by anyone to restrict the rights and freedoms of citizens.

In accordance with Article 19 of the Constitution of Ukraine, the legal order in Ukraine is based on the principles that no one can be forced to do anything that is not provided for by law.

Unlawful abrogation of human rights is not permitted

 
In addition, Ukrainian state officials and courts do not apply the direct rule of law specified in Article 22 of the Constitution of Ukraine, which establishes that constitutional rights and freedoms are guaranteed and cannot be revoked. When adopting new laws or amending existing laws, it is not permitted to narrow the content and scope of existing rights and freedoms.

Moreover, it is not allowed to narrow the content and scope of existing rights and freedoms when adopting government regulations.

In accordance with the current legislation of Ukraine, it is impossible to amend the legislation and establish additional restrictions for citizens to freely leave the country and not be called up during mobilization than those previously established in the law.Bodies of state power and local self-government bodies, their officials are obliged to act only on the basis, within the limits of authority and in the manner provided for by the Constitution and laws of Ukraine.

Article 22 of the Constitution of Ukraine (1996) establishes that constitutional rights and freedoms are guaranteed and cannot be revoked. When adopting new laws or amending existing laws, it is not permitted to narrow the content and scope of existing rights and freedoms.

Article 24 of the Constitution of Ukraine establishes that citizens have equal constitutional rights and freedoms and are equal before the law. There can be no privileges or restrictions based on race, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language or other grounds.

Article 33 of the Constitution of Ukraine establishes that everyone who is legally present on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law.

In addition, Article 55 of the Constitution of Ukraine establishes that everyone has the right, by any means not prohibited by law, to protect their rights and freedoms from violations and unlawful attacks.

According to Art. 64 of the Constitution, the constitutional rights and freedoms of man and citizen cannot be limited, except in cases provided for by the Constitution of Ukraine. In conditions of martial law or a state of emergency, certain restrictions on rights and freedoms may be established, indicating the duration of these restrictions.

The Cabinet of Ministers of Ukraine is the highest body in the system of executive authorities, which, in accordance with Article 116 of the Constitution of Ukraine, carries out measures to ensure the defense capability and national security of Ukraine, public order, and the fight against crime; directs and coordinates the work of ministries and other executive authorities.

The Cabinet of Ministers of Ukraine, within its competence, issues decrees and orders that are binding. Acts of the Cabinet of Ministers are signed by the Prime Minister of Ukraine. (Article 117 of the Constitution of Ukraine).

According to the legal position of the Constitutional Court of Ukraine, set out in the Decision of June 24, 1999 No. 6-rp/99 in the case on the financing of courts, the purpose of the functional division of state power into legislative, executive and judicial is the delimitation of powers between various public authorities and the prevention of the appropriation of completeness state power of one of the branches of government.

In accordance with the constitutional powers, the Verkhovna Rada of Ukraine, as a single legislative body in Ukraine, exclusively by the laws of Ukraine secures the rights and freedoms of man and citizen, guarantees of these rights and freedoms (clauses 1 of part one of Article 92 of the Constitution of Ukraine).

The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and is controlled and accountable to the Verkhovna Rada of Ukraine within the limits provided for in Articles 85, 87 of the Constitution of Ukraine, in its activities it is guided by the Constitution and laws of Ukraine, acts of the President of Ukraine, within its competence it issues decrees and orders that are subject to execution (parts two, three of Article 113, part one of Article 117 of the Basic Law of Ukraine).

Violation of the principle of separation of powers

The division of state power is a structural differentiation of three equivalent basic functions of the state: legislative, executive, judicial. It reflects the functional definition of each of the state bodies, provides not only for the delimitation of their powers, but also for their interaction, a system of mutual checks and balances aimed at ensuring their cooperation as a single state power.

The principle of separation of state power becomes meaningful only under the condition that all state authorities act within a single legal field.

This means that the legislative, executive and judicial authorities exercise their powers within the limits established by the Constitution of Ukraine and in accordance with the laws of Ukraine (part two of Article 6 of the Constitution).

Bodies of state power and local self-government bodies, their officials are obliged to act only on the basis, within the limits of authority and in the manner provided for by the Constitution and laws of Ukraine (part two of Article 19 of the Constitution of Ukraine).

Strict compliance by legislative, executive and judicial authorities with the Constitution and laws of Ukraine ensures the implementation of the principle of separation of powers and is the key to their unity, an important condition for stability, maintaining public peace and harmony in the state.

A systemic violation of the principle of separation of powers always and in all countries leads to this result, if it is not stopped at the very beginning. Moreover, this is always accompanied by slogans about protecting the country’s security, the needs of society, and the need to carry out anti-corruption reforms.

At the same time, in Ukraine at the moment all power belongs to an unauthorized institution - the Office of the President of Ukraine, whose officials control all branches of government, which is a violation of democratic principles, and accordingly a violation of the rights of Ukrainian citizens to power in their country.