Prezydenckie prawo łaski w ukraińskim systemie prawa – zakres i wykonywanie

In: Przegla̜d Sejmowy / Kancelaria Sejmu: dwumiesie̜cznik, Band 6(173), S. 93-114

Abstract

The aim of the article is to define the boundaries of the prerogative of pardon in the Ukrainian legal system in terms of the objective and subjective aspects from the constitutional point of view and the decree of the President of Ukraine on the application of the prerogative of pardon. This decree significantly restricts the decision-making freedom of the head of state in making decisions on the application of the prerogative of pardon, which raises doubts as to the compliance of the adopted solution with the fundamental law. The article compares the constitutional approach to the prerogative of pardon with the solutions adopted in the decree in order to answer the question whether they are consistent with the essence and nature of the presidential prerogative of pardon under the constitution.