Government, Political and Legal Systems
November 2, 2011
Ukraine follows a civil law tradition, under which the Constitution of Ukraine (the Constitution) provides the framework for its legislative system. The principal body of legislation consists of laws adopted by the Verkhovna Rada (Parliament) of Ukraine and international agreements of Ukraine duly ratified or acceded to by the Verkhovna Rada. Laws are implemented through various normative acts, which are adopted by the relevant government bodies (i.e., the President, the Cabinet of Ministers, Ministries, and State Committees).
The current Constitution was adopted on 28 June 1996, and heralded a new period in the development of the Ukrainian legislative system. The Constitution established general guidelines for national policy and established a foundation for the development of a democratic state.
Apart from its political significance, the Constitution has enormous value as a legislative act. The provisions of the Constitution are norms of direct application, which entitle any individual to seek the protection of his/her rights within the judicial system. In general, all laws and normative acts are adopted on the basis of, and in strict compliance with, the Constitution. The Constitution itself mandates the preparation and implementation of a comprehensive program of legislative developments by providing for the adoption of more than 30 new laws and, as deemed necessary, amendments of existing laws.
The legal system of Ukraine contains three major layers of normative acts: the Constitution; laws adopted by the Verkhovna Rada and international agreements of Ukraine duly ratified or acceded to by the Verkhovna Rada; and other normative acts. The Verkhovna Rada ratifies or accedes to international agreements in the form of laws of Ukraine.
Pursuant to the Constitution, Ukraine has three branches of state power: the legislative branch, represented by the Verkhovna Rada; the executive branch, represented by the Cabinet of Ministers of Ukraine (the Cabinet of Ministers) and headed by the Prime Minister; and the judicial branch, represented by a multilevel system of courts, with the Supreme Court of Ukraine at the highest level. In addition, there is the Constitutional Court of Ukraine, which is the only body authorized to exercise control over compliance with the Constitution and the laws of Ukraine, its international agreements, and acts of the President, the Cabinet of Ministers, and other governmental agencies.
The President is the head of state and the commander-in-chief of the armed forces, and has certain authority over the executive branch. Presidential elections are held every five years.
Under Constitutional reforms dated 8 December 2004, adopted by the Verkhovna Rada during the course of the Orange Revolution and entering into force on 1 January 2006, the distribution of executive powers among the President and the Cabinet of Ministers of Ukraine was shifted in favor of the Cabinet of Ministers of Ukraine. Some of the key Constitutional rights of the President (e.g., the right to appoint the Prime Minister pending approval by the Verkhovna Rada) have been transferred to the Verkhovna Rada. The Constitutional reform transformed Ukraine’s political system from the presidentialparliamentary republic to the parliamentary-presidential republic.
Under the amended Constitution the President, inter alia, has the right:
- To sign bills (i.e., proposed legislative acts adopted by the Verkhovna Rada) into law;
- To nominate the Minister of Defense and the Minister of Foreign Affairs for their approval by the Verkhovna Rada;
- To appoint (and to dismiss) the General Prosecutor of Ukraine (pending the approval of the Verkhovna Rada);
- To veto bills (i.e., proposed legislative acts adopted by the Verkhovna Rada) and return them to the Verkhovna Rada for amendment;
- To dissolve the Verkhovna Rada if a majority coalition is not formed within 30 days from the date of its first meeting after an election; and
- To establish courts in accordance with the procedures established by law.
- The Supreme Court of Ukraine, consisting of five
- specialized chambers;
- The supreme specialized courts (commercial and
- administrative), and the Cassation Court of Ukraine;
- The appellate courts and the Appellate Court of
- Ukraine; and
- The local courts.