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Modern economic POTENTIAL OF UKRAINE |
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State structure of UkraineConstitution of UkraineThe Verkhovna Rada of Ukraine (parliament) adopted the Constitution of Ukraine on June 28, 1996. As said by its Primary Law, Ukraine is a sovereign, independent, democratic, social state under the rule-of-law. A set of amendments to the Constitution entered into force on January 1, 2006 and modified the powers of the President, Verkhovna Rada, and Cabinet of Ministers. A part of these amendments will enter into force after the empowerment of the Verkhovna Rada elected in 2006. The provisions of Article 6 of the Constitution principally determine the state structure of Ukraine: “State power in Ukraine is accomplished on the basis of its division into legislative, executive, and judicial powers”. The Constitution defines Verkhovna Rada as the only body of legislative power in Ukraine (Article 75). The Cabinet of Ministers is the supreme body of executive power (Article 113). The Constitutional Court and courts of general jurisdiction engage in legal proceedings in the state (Articles 124, 125). The status of the President is determined by Article 102 of the Constitution: “The President of Ukraine is the Head of the State and acts on its behalf”. The constitution in force was in general positively assessed in 1996 by the Democracy Through Law Commission of the Council of Europe. Also known as the Venice Commission, it is the most influential body in the area of constitutional legislation. President of UkrainePresidential powers are defined in the Chapter V of the Constitution, where the rights and obligations of the President as a head of the state, the order of his/her election, as well as removal from office and cessation of powers are formulated. The President, as guarantor of the Constitution, is obligated to put a stop to any actions of the legislative, executive, and judicial branches of power which directly or indirectly violate the Core Law of Ukraine. The President possesses corresponding powers to this end. The President is a guarantor of state sovereignty and territorial integrity in Ukraine as well as a protector of the rights and freedoms of the citizens of the state. The President acts on behalf of Ukraine regarding foreign policy, represents Ukraine in international relations, conducts negotiations, and concludes international agreements. The President also is at the head of all foreign policy activities of the state. The President is also Supreme Commander-in-Chief of the Ukrainian Army and heads the National Security and Defense Council. Article 103 of the Constitution states the procedure for presidential elections. The President is elected to a five-year term by the citizens of Ukraine, on the basis of a common, equal, and direct elective right, by secret ballot. Useful links: Legislative powerIn accordance with the Constitution of Ukraine, a one-chamber Parliament – Verkhovna Rada – is the only body of legislative power in Ukraine. In general, it reflects the constitutional structure of Ukraine as a unitary state in the modern world. The Verkhovna Rada of Ukraine consists of 450 people's deputies that are elected by secret ballot for a five-year term on the basis of common, equal, and direct elective right. The Verkhovna Rada has been elected to four-years term until elections of 2006. The Chairman of Verkhovna Rada is the head of the Parliament. This person is elected by the people's deputies on the basis of a secret ballot. Deputies also elect a First Deputy Chairman and a Deputy Chairman. The Chairman of the Verkhovna Rada organizes its activities and coordinates the work of its bodies. Committees elaborating legislative drafts are the main sectoral bodies of the Verkhovna Rada. Legislative drafts, which are developed by these committees, are considered by the Verkhovna Rada as a whole. The President of Ukraine, people's deputies, and the Cabinet of Ministers have the right to initiate legislation in the Verkhovna Rada. Laws adopted by Verkhovna Rada of Ukraine are then signed by the President of Ukraine, who has the right to veto legislative acts, except for laws on making amendments to the Constitution of Ukraine, with the further returning of drafts to be reconsidered by the Parliament. Chapter IV of the Constitution regulates the activities of Verkhovna Rada in detail. The official web-site of the Parliament also contains materials on its activities. Executive powerCabinet of Ministers is the government and the supreme executive body of the state. It includes the Prime Minister, First Vice-Prime Minister, Vice-Prime Ministers, and ministers. The Prime Minister is approved by the Verkhovna Rada after the President submits that person’s candidacy. Nominees for the office are appointed by the President based on proposals by a constitutional majority consisting of a deputy faction or coalition in the Parliament. The Prime Minister governs the activities of the Cabinet of Ministers and guides its fulfillment of the Program of Cabinet of Ministers’ Activities, which is approved by Verkhovna Rada. Pursuant to the constitutional amendments that entered into force on January 1, 2006, the Cabinet of Ministers received additional powers dealing with the formation of central administrative bodies. The new rendition of the Constitution entrusts the Cabinet of Ministers of Ukraine with the following powers:
The Cabinet of Ministers was not entrusted with such powers previously. Chapter VI of the Constitution regulates the activities of the Ukrainian government in detail. Information on its work is also placed at the official web site of the Cabinet of Ministers. The system of executive power in Ukraine comprises ministries, state committees (state services), and central bodies of executive power with special status, along with the Cabinet of Ministers. Judicial powerIn accordance with the Constitution, justice in Ukraine is administered exclusively by courts. The delegation of court functions as well as their appropriation by other bodies or officials is not allowed. The jurisdiction of the courts embraces all legal relations emerging in the state. The Constitution of Ukraine points out that the creation of extraordinary and special courts is inadmissible. Article 124 of the Constitution determines the general structure of judicial power. The Constitutional Court and courts of general jurisdiction engage in the legal administration of the state. General jurisdiction courts administer justice in the form of civil, business, administrative, and criminal judicial proceedings. The Constitutional Court is a special judicial body that is tasked with focusing on constitutional issues. Professional judges and people’s assessors as well as juries in cases prescribed by legislation administer legal proceedings. |