The Verkhovna Rada (Ukrainian parliament) adopted the Constitution of Ukraine in force July 28, 1996

According to this country’s Basic Law, Ukraine is a sovereign, independent, democratic, and social state with a rule of law. Although such features as ‘sovereign’ and ‘independent’ are, in fact, closely similar, in this case the European constitutional tradition and principal thesis of fighters for Ukrainian statehood are concurrent. By the ‘democratic’ feature the principle of the government by the people is emphasized being defined concretely by Article 5 stating that “the people are the bearers of sovereignty and the only source of power in Ukraine” exercising it “directly and through bodies of state power and bodies of local self-government.’ By the attribute ‘social the responsibility of the State to provide for the social protection of the population is stipulated, while the ‘rule of law’ implies that in Ukraine legality is to reign as the general measure of  freedom, equality and  justice.

Principle is the definition of the form of government by Article 6: “State power in Ukraine is exercised on the principles of its division into legislative, executive and judicial power.” The Constitution defines by Article 75 the Verkhovna Rada as the sole organ of legislative power in Ukraine, with the highest executive body being the Cabinet of Ministers of Ukraine (Article 113). The Constitutional Court of Ukraine and courts of general jurisdiction exercise judicial proceedings in Ukraine (Articles 124 and 125). Article 102 defines the  status of the President of Ukraine: “The President of Ukraine is the Head of State and acts in its name.”

The Constitution of Ukraine currently in force was assessed on the whole positively by the most authoritative in the sphere of constitutional legislation “Democracy through the Law” Commission of the Council of Europe”, more known as “the Venetian Commission”.

The Ukrainian Road to the Constitution

In the princely Ukraine-Rus the initial written judicial laws wet reformed on the basis of common law. The first recorded reference of the code of law Statut i Zakon Ruskyi (“Charter and the Laws of Rus”) contains in the treaties with Byzantium of 911 and 944 A.D. In the 11th century, the Codes of Laws of the 9th and 10th centuries became part of Yaroslav the Wise Rus’ka Pravda (“Russian Justice”). To judge by this document the Kievan Rus had indeed contained certain democratic elements. The internal social relations had been carried out predominantly on the basis of law under which considerable role was played by representative structures, in particular Viche that functioned as assembly of a town or principality residents. At the meetings of this sort princes were elected sometimes and treaties worked out that stated the rights and obligations of the sides.

In the 18th century, Pylyp Orlyk elected Hetman after the death of Ivan Mazepa wrote in a bright page in the history of the world constitutional endeavor. His treatise Pacty i Konstytutsii Zakoniv ta Volnostei Viyska Zaporizkoho (Pacts and Constitutions of Laws and Rights of the Zaporizia Army, 1710) is believed to be the first constitution of the Ukrainian state. Based on the idea of the natural law and the contractual origin of state, in accord with it, the people of Ukraine made a treaty with a Hetman transferring him a share of their freedoms for the sake of securing internal consent and external safety of the state. The document formulated principles of division of representative and executive powers and impartiality of judiciary subordinate only to the law. In general terms, Pylyp Orlyk’s constitution had been concordant with the then tendencies of development of European political thought (in particular, in asserting separation of church from secular arm), and in some aspects even outstripped European political theory and practice (e.g., preferring constitutionalism over the idea of state absolutism and consent enforcement reigning at that time on the Continent).

Late on, the motifs of justice, freedom, equality, and goodwill were sound in the documents of the Brotherhood of Saint Cyril and Methodius (1845 to 1847). It was Mykhailo Drahomanov and Mykhailo Hrushevsky who made the subsequent steps in creating political and legal conception of the balanced society. 

These theoretical possessions of the Ukrainian liberation thought had played considerable role in the political processes that occurred in Ukraine after the February revolution and October  Bolshevyk coup that wiped the Russian Empire from the face of political map in 1917.

On November 20, 1917, the Central Rada of Ukraine, the first elected parliamentary organ in the country’s history, adopted the Third Universal (Declaration and program address). It became the first constitutional act of the new Ukrainian state that guaranteed its people personal immunity, freedom of speech, press, assembly and faith. Already on January 22, 1918, the Central Rada adopted the Fourth Universal that proclaimed sovereignty and independence of Ukrainian People’s Republic (UPR), however the Draft of the UPR’s Constitution never materialized on account of the coup in April 1918 that cancelled the innovations of the Central Rada. 

Almost simultaneously with the processes of revival of the Ukrainian state on the territory that was part of the Russian Empire, in the other part of Ukraine that was under the Austria-Hungary rule the Ukrainian National Rada was formed that declared  sovereignty of the West Ukrainian People’s Republic (WUPR)  and adopted its Provisional Basic Law. Under this constitutional act power belonged to the people that could elect parliament through equal, secret, direct and proportional voting. However, in eight months because of Ukrainian-Polish the WUPR ceased to exist.

During the military struggle of Bolshevyks for the reestablishment of Soviet regime in Ukraine the First Constitution of the Ukrainian SSR was adopted at the Third all-Ukrainian Congress of Soviets with certain changes introduced after formation of the USSR in 1922. Later on, in accord with new Constitutions of the USSR in 1936 and 1977, the Constitutions of the Ukrainian SSR of 1937 and 1978 were correspondingly adopted.

The proclaimed by the Soviet constitutions principles of formation and functioning of structures of power were predominantly of formal character. Elections at all levels happened as semi-compulsory voting for candidate without alternative appointed by the nomenclature Party organs. Deputies thus elected had, in fact, a single duty, that is, to formally and in accord with tradition unanimously approve decisions taken by the Communist Party organs. At the same time the Soviet constitutions granted the citizens extensive social rights for employment, education, health protection and pensions that were not only declared but effected actually. As to the political right – freedom of speech, press, assembly, movement, faith and secrecy of correspondence, these were only declarative without being actually observed. Social and political activity existed under the exclusive leadership of the Communist Party and strict total control by the security organs (i.e., KGB). The Ukrainian Soviet constitutions operated for over seventy years.

The latest constitutional process in Ukraine has started with the adoption of The Declaration of the State Sovereignty of Ukraine voted by the Verkhovna Rada of Ukraine in 1990 during the dying days of perestroika in the USSR.

Soon afterwards, outstanding historical events occurred:  the Declaration of Independence of Ukraine of August 24, 1991, and nation-wide referendum of December 1, 1991, that verified the Act of Ukrainian Independence. During 1991 to 1996, then commissions formed separately by the Verkhovna Rada and President put several drafts of the Constitution forward to be long-lastingly  discussed, amended and elaborated.

Thanks to the consensus reached among all the political forces of the country, and resulting by the Verkhovna Rada’s tense activity, on June 28, 1996, the Constitution of Ukraine currently in force and the Law to carry it into effect were adopted.