DOCTRINAL APPROACHES TO SPECIFYING THE FUNCTIONS OF THE PRESIDENT OF THE REPUBLIC OF POLAND

Abstract

The article is dedicated to the research of the main approaches to the definition of the President’s functions in the Polish constitutional doctrine. The multidimensionality and systemic inconsistency of the scientific views of Polish constitutionalists and politicians both on the understanding of the concept of “function” and their content are stated. The article examines the correlation between the concepts of “functions” of the President of the Republic of Poland as specific areas of his activities, “goals and values” – the President should pay special attention to their protection and implementation, “tasks and powers” of the President, etc. The logic nature and propriety of the doctrinal use of the term “functions of the President of the Republic of Poland” are proved on the basis of a systematic analysis of the current legislation, theoretical scientific sources, and practice materials of the Constitutional Tribunal. It is established that according to the peculiarities of constitutional and legal status, the President of the Republic of Poland is not a stricte body endowed with the functions as the executive branch. His authorities also extend to the spheres both of legislative and judiciary powers. The author includes the function of the highest representative of the Republic of Poland; the function of the guarantor of the state power continuity; the function of supervision over observance of the Constitution (the function of «the Constitution Keeper»); the function of «guardian» of sovereignty and security of the Polish state, as well as the inviolability and indivisibility of its territory to the main functions of the President of the Republic of Poland. It is emphasized that the implementation of President`s functions, defined in Part 1 and 2 of Art. 126 of the Constitution of the Republic, appears only by the powers provided in specific provisions of the Constitution and laws. At the same time, the issue of the statutory completeness of the Constitution as the legal basis for the activity of the President of the Republic of Poland is considered and the need to bring the existing constitutional and legal regulation of the functions of the President of the Republic of Poland into full compliance with the general systemic principle of legalism of public authorities is noted.