The President
Institute of Presidency in Ukraine
In Ukraine, the institute of presidency at the head of state is comparatively new phenomenon in political life and state building of Ukraine.
The birth of a democratic society in the country began as far back as during the Cossacks; however, the tremendous development of democracy and, at the same time, formation of the institute of presidency occurred at the background of the struggle for liberation during the second decade of the 20th century. Four Universals (decrees) were issued during the Central Rada that had to lay the basis the democratization of the Ukrainian society. On April 29, 1918, the Central Rada elected Mykhailo Hrushevsky the President of the Ukrainian People’s Republic and by its latest decree of January 22, 1919, declaring complete political independence of Ukraine from Russia.
Within the USSR, the functions of the head of state in the Ukrainian SSR until 1991 was performed by the Verkhovna Rada, seem as the supreme organ of the state power, its Presidium as continuing body of the Government, and its Chairman.
Making the institution of presidency of Ukraine was the key element in the reformation of state power connected with the proclamation of Ukrainian independence and change of its constitutional system. On July 5, 1991, the following laws of Ukraine were adopted: “On Founding the Post of President of the Ukrainian SSR and Introduction of Changes and Addenda to the Constitution (Fundamental Law) of the Ukrainian SSR”, “On President of the Ukrainian SSR”, and “On Elections of President of the Ukrainian SSR”.
The Institute of Presidency in its present form did not form at once. At first, the President in accord to his status and title was the highest official in the country, becoming next the Head of State and Executive Power, to act as the Head of State at present in accord with the Constitution in force.
The Status of President of Ukraine
The status of the Ukrainian President is defined in Chapter V of the Constitution of Ukraine, which stipulates the rights and responsibilities of the President as the Head of State, the election procedure, and provides for the possibility of his/her dismissal from office and termination of his/her authorities.
The status of the President, the Guarantor of the Constitution, defined in Article 102 of the Constitution, imposes on him/her the duty to prevent any actions of the legislative, executive and judicial branches of power that directly or indirectly infringe the supreme Law of Ukraine. To carry out this duty the President is vested with the corresponding authorities. He has authority to suspend decisions of governmental institutions and veto laws passed by the Verkhovna Rada.
The President is the Guarantor of state sovereignty and territorial indivisibility of Ukraine. His authorities in this sphere are defined in Article 102 of the Constitution of Ukraine, impose on him the duty to make decisions, and act in order to defend and consolidate the state sovereignty, to observe the integrity and indivisibility of Ukraine's territory within the limits of the existing borders.
As the Guarantor of citizens' rights and freedoms, the President has the authority to revoke acts of governmental structures and branches of government in order to protect citizens' rights and freedoms.
The President's authorities regarding the country's internal policy are that on the basis of the Constitution of Ukraine and the laws of Ukraine the President of Ukraine issues decrees and orders, which are binding on the territory of Ukraine. Co-operating with all branches of power, the President appoints and dismisses members of the Government and heads of the executive power institutions, can participate in the Government's meetings and have his/her representatives at the Constitutional Court of Ukraine and the Verkhovna Rada.
In the sphere of foreign policy the President as the Head of State acts on its behalf, represents Ukraine in international relations, negotiates and concludes international treaties, as well as directs all foreign-policy activity of the state.
The President is the Commander-in-Chief of the Armed Forces of Ukraine. In the event of an armed aggression against Ukraine, the President makes decisions on the use of the Armed Forces of Ukraine in order to defend the state against the aggressor. The President heads the Council of National Security and Defense of Ukraine.
The President exercises his constitutional authority through the chain of power that includes the Administration of the President, Consultative Council, Council of National Security and Defense of Ukraine, and local state administrations.
The Procedure of Electing President of Ukraine
Article 103 of the Constitution of Ukraine defines the procedure of electing the President of Ukraine. Citizens of Ukraine elect the President of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.
A citizen of Ukraine who is over thirty-five, has the right to vote, resides in Ukraine for the past ten years prior to the day of elections, and has a good command of official state language of the country may be elected the President of Ukraine. The same person cannot serve as President of Ukraine for more than two consecutive terms.
Along with the demands imposed on a candidate for the presidency limitations also exist concerning the President as a person. Thus, the President of Ukraine should not have any other representative mandate, hold office in the bodies of state power or associations of citizens, as well as perform any other paid or entrepreneurial activity, or be member of an administration or supervisory board of an enterprise intended to make profit.
Regular elections of the President of Ukraine are held on the last Sunday in October of the fifth year term of the President’s office.
For the first time elections of the President of Ukraine occurred December 1, 1991. Then, through the direct elections, Leonid Kravchuk was elected president. It was in 1994 that Leonid Kuchma was elected President of Ukraine, being re-elected in 1999. On December 26, 2004 Viktor Yushchenko was elected President of Ukraine.
Legislature
In accord with the Constitution of Ukraine, the Verkhovna Rada, the Parliament, is the sole legislative organ of the country.
The name ‘Verkhovna Rada’ (lit. the Supreme Council) was initially used in the text of the Soviet Constitution of 1937, however the existence of representative structures of power is an old political tradition in Ukraine regularly recommenced during the centuries. It was viche, a general assembly of people of a town or principality in the Kyivan Rus, Cossacks’ councils in the Sich of Zaporizhia that later existed as village and province moots, as well as Central Rada of the Ukrainian People’s Republic during 1917 to 1918.
The Verkhovna Rada of independent Ukraine has started out on July 16, 1990. It is on this day the Supreme Council of the Ukrainian SSR of the 12th convocation had voted in favor of the Declaration of the Ukrainian state sovereignty. In accord with the document, Article 6 of the Ukrainian Soviet Socialist Republic had been abrogated and separation of powers into legislative, executive and judiciary branches as the foundation of the machinery of government declared.
From the time of unanimous backing by the Verkhovna Rada of the Act of Declaration of the Ukrainian Independence on August 24, 1991, the rebirth of the Parliament in new conditions began. In February of 2000 it adopted the decision to alter the numeration of convocation making the 12th convocation of the Parliament it operated on the permanent basis from 1990 until 1994 be named the First Convocation of the Verkhovna Rada of Ukraine.
Parliamentary elections to the Verkhovna Rada of Ukraine were held thrice in 1994, 1998 and 2002, with deputies of the 1st and 2nd convocations being elected under majority system, while those of the 3rd and 4th convocation under the mixed system.
The latest elections to the Verkhovna Rada of Ukraine took place March 31, 2002, with 225 chosen at single member constituencies based on relative majority, while the remaining 225 parliamentarians were voted for an office under the lists of deputies from political parties and election blocks at multi-member national constituency as proportional representation.
Structure of the Legislative Body
In Ukraine, unicameral Parliament has been established that overall is quite adequate to the constitutional government of the country as a unitary state.
Four hundred and fifty people’s deputies comprise the Verkhovna Rada, which is elected by secret ballot for four-year term through the general, equal and direct suffrage.
The Head of the Verkhovna Rada chosen by secret voting of the people’s deputies presides over the Parliament with two Deputies also elected by legislators’ balloting on his proposal. In their activity, the Head of the Verkhovna Rada and his Deputies are assisted by the appropriate Secretariats.
The principal special agencies of the Verkhovna Rada are the Committees performing law drafting. Such a Committee designated to be major elaborator of a certain bill or draft of an act of the legislative body generalizes and classifies the proposals, amendments and conclusions of other Committees preparing them for consideration by the Vekhovna Rada.
Within the scope of its power, the Vorkhovna Rada is authorized to form special interim commissions for preparation of the issues and preliminary their consideration.
The Verkhovna Rada may form interim investigating commissions to look into the matters of public interest subject to no less that one third of the constitutional composition of Body voting in its favor.
On behalf of the Verkhovna Rada the Accounting Chamber is formed to audit the State budget expenditures.
Deputies
People’s deputies discharge their duties on the permanent basis. They are not allowed to have other representation mandate or be in the government service.
The delegated power of the people’s deputies of Ukraine starts from the moment of taking the loyalty oath to Ukraine. The refusal to swear entails losing a deputy’s mandate.
People’s deputies are ensured parliamentary immunity.
Delegated Powers and Activities
The power to initiate legislation belongs to the President, people’s deputies, Cabinet of Ministers and National Bank of Ukraine.
The Verkhovna Rada comes into representative power subject to the two thirds of its constitutional composition having been elected, and operates in sessions, which regularly start on the first Tuesdays in February and September. The decisions of the Verkhovna Rada of Ukraine are adopted exclusively during its plenary meetings through personal voting by the people’s deputies.
The Parliament of Ukraine begins its activity with electing from its membership of the Head, the First Deputy and the Deputy of the Head of the Verkhovna Rada of Ukraine. It also approves the list of Committees that perform lawmaking.
The President of Ukraine signs the Laws adopted by the Verkhovna Rada and has the right to veto them.
The basic powers and tasks of the Verkhovna Rada are to introduce amendments to the Constitution of Ukraine, call an all-Ukrainian referendum on the set range of issues, enact legislation, adopt the State budget of Ukraine and its rectification; to determine the principles of domestic and foreign policies, appoint elections of the President of Ukraine, accept nomination of a Prime Minister by the President of Ukraine, declare the state of war and make peace, affirm the President’s of Ukraine decisions on the use of the Armed Forces of Ukraine and other military formations in case of aggression against the country, adopt the State programs of economic, scientific and technical, social and national-cultural development, preservation of the environment, etc.
On the motion of not less than one third of the parliament, the Verkhovna Rada may take to consideration the issue of the Cabinet of Ministers of Ukraine responsibility and adopt a non-confidence vote by its constitutional majority.
In fulsome detail, the activity of the Verkhovna Rada, is given in Chapter IV of the Constitution of Ukraine that regulates it, as well as on the official site of the Ukrainian parliament.
Judicial Branch Of Power
According to the Constitution, Justice in Ukraine is administered solely by courts. The delegation of court functions, as well as their usurpation by other bodies and officials is not allowed. Courts have jurisdiction over all legal relations, which develop in the State.
The Constitution points out that the establishment of extraordinary and special courts is prohibited.
The general structure of the judicial system is stipulated in Article 124 of the Constitution of Ukraine, according to which the justice is administered by the Constitutional Court of Ukraine and by courts of general jurisdiction.
The courts of general jurisdiction administer justice in the form of civil, commercial, administrative and criminal legislation. The Constitutional Court of Ukraine is a special judicial body of constitutional control.
Justice is administered by professional judges and, in cases overseen by the law, by people’s assessors and juries. The independence of judges is guaranteed by their immunity and their election by the Supreme Rada permanently after their first appointment to the position of professional judge by the President of Ukraine for a five-year term.
Executive Power
The Cabinet of Ministers works out the draft of the Law on the State Budget of Ukraine for approval by the Verkhovna Rada, and ensures its execution.
Since the time of the Declaration on the State Sovereignty of Ukraine being adopted on July 16, 1990, the composition of the Cabinet of Ministers have changed twelve times. It is the twelfth government of Ukraine that is now in power.
One may learn about the Cabinet of Ministers in Chapter VI of the Constitution of Ukraine regulating the operation of the Ukrainian Government as well as by addressing the official web-site of the Cabinet of Ministers of Ukraine.
National Organs of Executive Power
In addition to the Cabinet of Ministers, the system of the national executive body includes ministries, state committees (public services) and special status central agencies of executive power.
Ministry is the primary organ within the system of the national executive body to realize the government policy in the defined sphere of activity, being managed by a Minister. As member of the Cabinet of Ministers of Ukraine, the Minister is responsible for development and implementation of the Program of the Cabinet on correspondent issues and realization of the Government policy within the defined sphere of governing the state. He exercises administration in this sphere, directs and coordinates the activities of other organs of executive power on issues ascribed to his authority.
State Committee (Public Service) is a central organ of executive power with activity directed and coordinated by the Prime Minister of Ukraine, any of the Vice Prime Ministers or Ministers. The State Committee (Public Service) puts forward propositions concerning formulation of the Government policy to the correspondent members of the Cabinet of Ministers and ensures its realization in the sphere defined, exercises control in this sphere as well as interdepartmental coordination and functional regulation on issues delegated to its authority. Chairperson heads the State Committee (Public Service).
Special Status Central Organ of Executive Power has a special mission and authority defined by the Constitution and legislation of Ukraine with specific order of formation, shaking-up, removal, accountability and reporting, as well as appointing and dismissal of management staff and settling other issues. Chairperson heads special status central organ of executive power.
For more detail about operation of the organs of executive power please address their correspondent official site
