‘Bukvy’ continues keeping the track of ‘Ze violations’ when the president shows disregard for Ukraine’s Constitution and laws.
Article 22 of the law of Ukraine ‘On citizenship’ defines the exclusive list of powers of the president regarding citizenship issues. Paragraph 1 of this article stipulates that the president makes decisions and issues decrees on admission to citizenship and on termination of citizenship. However, Article 10 stipulates that persons who lost their citizenship in connection with its acquisition by fraud, deliberate submission of false information or false documents cannot renew their citizenship.
The Administrative Court of Cassation of the Supreme Court considered the case of Saakashvili and decided that he lost Ukrainian citizenship on legal grounds.
The powers of the president of Ukraine are defined by Article 106 of the Constitution, which does not provide for the power to revoke previously issued decrees and orders, including those of an individual, non-normative nature.
Article 19 of the Constitution of Ukraine provides that public authorities have to act only within the powers and in the manner prescribed by the Constitution and laws of Ukraine.
Given the above, the repeal by Zelensky of the earlier presidential decree is a violation of Articles 19, 106 of the Constitution of Ukraine and the law of Ukraine ‘On citizenship’.