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.

Useful Links

Official web-site of the President of Ukraine

Viktor Yushsheko’s Official web-site

Victor Lysytskyi. Victor Yuschenko as the Leader of the Emerging Political Nation of Ukraine. - Kyiv: Skarby Publishers, 2004

Viktor Lysyzkyi. Viktor Juschtschenko – Leader der neugeborenen ukrainischen politischen Nation. – Kyjiw: Verlagshaus “Skarby”, 2004.

Victor Lyssytskyi. Victor Youchtchenko – leader de la nation politique ukrainienne en formation. – Kyiv: Editions “Skarby”, 2004