Ukraine

Constitutional framework

Ukraine adopted a new constitution in 1996. Until that time, the Soviet-era constitution had remained in force, albeit with numerous adjustments.

The highest legislative unit of the Ukrainian government is the unicameral Verkhovna Rada (Supreme Council of Ukraine), which succeeded the Supreme Soviet of the Ukrainian S.S.R. Changes to electoral laws in 1997 stipulated that half of the legislative seats would be apportioned among members of the various political parties according to their relative share of the popular vote. The other half of the legislators were to be elected from single-seat constituencies by a simple majority vote. This system remained in place until 2004, when the constitution was amended to abolish the mixed legislative structure in favour of a system of proportional representation based on political party lists.

The president, elected by direct popular vote for a five-year term, is the head of state. The president acts as the commander in chief of the armed forces, oversees executive ministries, and has the power to initiate and to veto legislation, though vetoes may be overturned. The president also chairs the National Security and Defense Council and determines its composition.

The early period of Ukrainian independence was marked by a weak presidency and a strong parliament. In fact, Leonid Kravchuk, Ukraine’s first democratically elected president, almost seemed to downplay his role. After his election in 1994, Pres. Leonid Kuchma set out to redefine the structures of power in Ukraine. In 1995 the parliament agreed to the so-called “Law on Power,” which substantially enhanced the role of the executive branch of government, and in 1996 the new constitution gave the presidency considerably more power. A 2004 constitutional reform, which took effect in 2006, shifted some power away from the president to the prime minister, but in 2010 Ukraine’s Constitutional Court declared that reform unconstitutional. The strong presidential powers outlined in the 1996 constitution were thus restored. Those changes were repealed in February 2014, after months of popular protest toppled the government of Pres. Viktor Yanukovych, and the 2004 constitution was reinstated.

The head of government is the prime minister, who is appointed by the president with the consent of the legislature. The president, with the consent of the prime minister, also appoints the members of the cabinet. The cabinet, headed by the prime minister, coordinates the day-to-day administration of the government and may introduce legislation to the Supreme Council. The president has the power to dismiss the prime minister and the cabinet.