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President of Ukraine
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The President of Ukraine is the head of state of Ukraine, representing the country and government as a whole in foreign affairs. The President is also the Commander-in-Chief of the Ukrainian Army and heads the National Security and Defense Council, advising the President on the national security policy of domestic and international affairs. According to the Constitution of Ukraine, the president is the guarantor of the state's sovereignty, territorial indivisibility, the protector of the constitution, human rights and freedoms.
As with the separation of powers, the President has checks on the authority of parliament and the judicial system.
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The President of Ukraine is the head of state of Ukraine, representing the country and government as a whole in foreign affairs. The President is also the Commander-in-Chief of the Ukrainian Army and heads the National Security and Defense Council, advising the President on the national security policy of domestic and international affairs. According to the Constitution of Ukraine, the president is the guarantor of the state's sovereignty, territorial indivisibility, the protector of the constitution, human rights and freedoms.
As with the separation of powers, the President has checks on the authority of parliament and the judicial system. For instance, any law passed by the parliament can be vetoed by the President; however, parliament can equally override his veto with a 2/3 vote. The President has the authority to disband the Verkhovna Rada (parliament), and appoint his candidates for the Minister of Foreign Affairs and Minister of Defence in the Ukrainian Cabinet of Ministers. Six of the Constitutional Court judges are reserved from the President's quota to appoint and dismiss. As a check on the President, the court can challenge the President's orders and decrees as unconstitutional. While in office, the president is granted full legal immunity.
Although purely ceremonial, the President's official residence is the Mariyinsky Palace, located in the Pechersk district of the capital Kiev (Kyiv). Other official residences includes the House with Chimaeras and the House of the Weeping Widow, which are used for official visits by foreign representatives. The Secretariat of the President, unofficially known as "Bankova" in reference to the street its located on, serves as the Presidential administration, advising the President in the domestic, foreign and legal matters.
Since the office's formation on July 5, 1991, there have been three Presidents of Ukraine. Leonid Kravchuk was the inaugural president, serving two and a half years from his official inauguration in 1992 until his resignation in 1994. Leonid Kuchma was the only President to have yet served two consecutive terms in office, a little over 10 years. The incumbent President is Viktor Yushchenko, who was inaugurated on January 23, 2005. His term is due to expire on January 23, 2010 if he does not run and win re-election for a second term. The President is directly elected by popular vote by the Ukrainian citizens for a five-year term, renewable only once.
History of the presidency
Prior to the formation of the modern Ukrainian presidency, previous Ukrainian head of state offices have existed in the past, including that of the Ukrainian People's Republic (UPR), which existed during the Russian Civil War from 1917-1920. With the proclamation of the last universal of the UPR dated January 25, 1918, the Central Rada (council) of the UPR proclaimed its independence from Russia. On April 29, 1918, the Rada elected Mykhailo Hrushevskyi as the first President of the Central Rada of the Ukrainian People's Republic, in effect making him the de facto leader of the republic. Although a rather widespread misconception, the state leadership position title varied and none of them had an official "presidential" title.
In April 1918, the Central Rada with Hrushevsky in command was overthrow during a coup d'état attempt by Hetman Pavlo Skoropadsky of the newly-proclaimed Ukrainian State, then supported by German and Austro-Hungarian occupying troops. In November, the Directorate government of the UPR was established in opposition to Skoropadsky's regime. The Ukrainian People's Republic was soon re-established in December 1918 with Volodymyr Vynnychenko as the Directorate's chairman, serving as the republic's second "President" from December 19, 1918 to February 10, 1919. Symon Petliura attained control over the state after Vynnychenko from February 11, 1919 until his assassination in Paris on May 25, 1926.
After the Soviet invasion of Ukraine in 1920 and the control of the Ukrainian territory under pro-Soviet forces with the Ukrainian Socialist Soviet Republic, the Ukrainian People's Republic was forced into exile. The republic's first President-in-exile was Andriy Livytskyi who served from May 1926 until January 1954. Stepan Vytvytskyi served after Livytskyi from January 1954 until his death on October 9, 1965. Following Vytvytskyi's death, Ivan Bahrianyi temporarily carried out the presidential authority until the third President-in-exile Mykola Livytskyi (son of the first President-in-exile) was sworn into office. Livytskyi served from 1967 until his death in December 1989.
Mykola Plaviuk was the last President-in-exile, serving from December 1989 until his resignation on August 22, 1992 when he ceremonially gave in his presidential authority and state symbols to the newly-elected Ukrainian President Leonid Kravchuk at his inauguration ceremony. In his declaration, it is stated that the current Ukrainian state is the legal successor following the state traditions of the Ukrainian People's Republic, establishing the continuity of the republic.
The modern Ukrainian presidency was established on July 5, 1991 by the Verkhovna Rada of the Ukrainian Soviet Socialist Republic, which formed the office of "President of the Ukrainian SSR" . During the transitional period until the presidential elections, the Chairman of the Verkhovna Rada (then held by Leonid Kravchuk) was empowered with a presidential authority. With the proclamation of Ukrainian independence from the Soviet Union, the office's official title was changed to "President of Ukraine" on August 24. In the current Constitution, the Ukrainian presidency is defined in Chapter V, Articles 102-112.
Election and eligibility
The Ukrainian president is elected by direct popular vote by Ukrainian citizens who are 18 years and over to serve. The President is elected for a 5-year term, allowed a maximum of two terms totaling 10 years. According to Ukraine's electoral law, a two-round system is used to to elect the President; a candidate must win a majority of all ballots cast. If no candidate succeeds in getting a majority, a second round of the elections is contested between the top two candidates with the largest share of votes.
According to Chapter V, Article 103 of the Constitution, a candidate in the presidential election a candidate must be a Ukrainian citizen who has attained the age of 35, has the right to vote, has resided in the country for the past 10 years and has full command of the Ukrainian state language. Per the Constitution, regular presidential elections are scheduled to be held on the last Sunday of the last month of the fifth year of the incumbent President's term. If the President's authority has ended pre-term, then the elections must be held within 90 days of the incumbent President's end of term.
So far, only four presidential elections have been conducted. The first presidential election since Ukrainian independence was in 1991. Following President Kravchuk's resignation as part of a political compromise, a snap election was held in the 1994, which was won by the incumbent Prime Minister Leonid Kuchma. Kuchma ran for office again and won re-election in the 1999 election. The 2004 presidential election was marked by controversy following a highly-falsified runoff vote between opposition candidate Viktor Yushchenko and the government-backed candidate incumbent Prime Minister Viktor Yanukovych. After mass nationwide protests, colloquially known as the "Orange Revolution," Yushchenko was later declared the official winner and sworn in on January 23, 2005. The next election is scheduled to take place either on January 31, 2010 or in late 2009, depending on which date the Constitutional Court deems constitutional since the 2010 election date was officially set in 2006.
Oath and term of office
According to Article 104 of the Constitution, the President's official term starts from the moment of taking the oath of office, no later than 30 days after the official announcement of the election results by the Central Election Commission of Ukraine. If the President is elected following special elections in the event of the previous president's resignation, impeachment or death, the President-elect must take oath of office within five days after the publication of the official election results.
The Chairman of the Constitutional Court of Ukraine (currently Andriy Stryzhak) administers the oath of office to the newly elected president at a ceremonial meeting in the Verkhovna Rada of Ukraine, the Ukrainian parliament. The President-elect recites the Ukrainian oath of office with his hand on the Constitution and the Peresopnytsia Gospels:
Official English translation:
After conducting the oath, the President signs the text of the oath of office and transfers it over to the Chairman of the Constitutional Court.
Duties and powers
According to Article 102 of the Constitution, the President is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observer of the Constitution and human rights and freedoms. As stated in Article 106, the President ensures state independence, national security and the legal succession of the state. Unlike in other semi-presidential systems of government, the President of Ukraine does not belong to the executive branch of government, who is the Prime Minister in this case (Yulia Tymoshenko as of 2009) serving as Ukraine's head of government. Thus, the President serves to represent the country and government as a whole, and not any specific branch of government. The President is obliged by the Constitution to prevent any actions of the executive, legislative and judicial branches from taking effect and interfering with the powers of the Constitution.
The President has the power to submit a proposal produced by the majority coalition in the parliament for the nomination of the Prime Minister, although the Constitution is silent on whether the President may refuse a coalition's proposal for the Prime Minister. Laws passed by the Verkhovna Rada are signed into law by the President. The President also has the authority to create consultative, advisory and other subordinate government bodies for their authority with the use of the state budget. The President may address the nation and the Verkhovna Rada with his annual and special addresses on domestic and foreign issues of Ukraine. They may also call for the conduction of national referendums.
The President represents the country and government as a whole in international affairs. The President has the authority to conduct negotiations and sign treaties on behalf of the Ukrainian government. The right to recognize foreign nations rests solely with the President. The President may appoint and dismiss heads of diplomatic missions of Ukraine to other states and to international organizations and accept the recall of diplomatic representatives to Ukraine of foreign states. Although the President doesn't head the executive branch of government, they have the right to nominate their candidates for Minister of Foreign Affairs and Minister of Defence in the Cabinet of Ministers of Ukraine.
As per the checks and balances system of Ukrainian government, the President can veto laws adopted by the Verkhovna Rada (except constitutional amendments). The President wields high power in the legislative branch of government compared to other European heads of state. They may disband the parliament and call for early elections. This power has only been used twice to date, both times by incumbent President Viktor Yushchenko (in 2007 and 2008). The legislative branches' check on the President includes the right to overturn a presidential veto with a two-thirds majority vote of the parliament.
The President can suspend acts passed by the Cabinet of Ministers if they contradict the intent of the Constitution and challenge such acts with the Constitutional Court, one-third of which can be appointed (and dismissed) by the President. Ukrainian law also allows the President to establish new jurisdictional districts and courts. In addition, the President can select the Prosecutor General and Head of the Security Service of Ukraine with the Verkhovna Rada's consent. One-half of the Council of the National Bank of Ukraine and the National Council of Ukraine on Television and Radio Broadcasting is reserved for the President to select.
In addition to serving as the head of state, the President is the Ukrainian Army's Commander-in-Chief and the Head of the National Security and Defense Council, which advises the President regarding national security policy on domestic and international matters. The president can submit a declaration of war to the parliament and order the use of the Ukrainian Army and military formations in defense of aggression. Martial law can also be declared on the territory of Ukraine if state independence is deemed in danger. With the confirmation of the Verkhovna Rada, a state of emergency or zones of ecological emergency can also be adopted by the President.
Unconditional pardon is reserved exclusively for the President; however, this right cannot be exercised by an acting president. The President can also confer citizens with state orders such as the Hero of Ukraine or confer high military, diplomatic and other ranks and class orders. Citizenship and political asylum in Ukraine can be granted and revoked by the President of Ukraine and as regulated by law.
The President of Ukraine also serves as the ex officio head of state of the Autonomous Republic of Crimea, located on Ukraine's southern border near the Black Sea. The President can revoke any laws passed by the Council of Ministers of Crimea that are deemed to contradict the Ukrainian Constitution and can provide their presidential consent on a nominee for Prime Minister of Crimea.
Privileges of office
While in office, the President is granted full legal immunity from all prosecutions and legal proceedings. The title of President of Ukraine is protected by law and is reserved for the President for life, unless the they have been impeached. According to Article 105 of the Constitution, offending the honor and dignity of the President is punishable by law, although no such law has yet been enacted. The President's personal security is provided by the Security Service of Ukraine.
The President's official ceremonial residence is the Mariyinsky Palace. Other official residences include the House with Chimaeras and the House of the Weeping Widow, which are used for official visits by foreign representatives. The administrative body set up for the president is the Secretariat of the President of Ukraine. The President is payed a yearly gross salary of 283,884 UAH ($37,470). The President is entitled to use the Ukraine Air Enterprise Tupolev Tu-134 presidential airplane for his official visits.
The President's official state symbols consists of the Presidential Standard of the Ukrainian Flag, the Chain of the Office, the Coat of Arms Stamp, and the Hetman Bulava mace. The presidential symbols, along with other important Presidential documents and media, are contained in the Vernadsky National Library of Ukraine, the country's main academic library. For the President's use, the library prepares documents and analytical materials.
Impeachment and succession
In order to impeach the President, they must be convicted of treason to the state and other federal crimes. A two-thirds constitutional majority in the Verkhovna Rada (300 ayes) must support a procedure of impeachment for it to begin. A temporary investigative commission is established by the parliament for the impeachment investigation. The commission's final conclusions are considered at a parliamentary meeting.
To adopt an impeachment resolution, a minimum two-thirds of the parliament must support the impeachment procedure. To remove the President from office, a minimum three-quarters of parliament must support the resolution. The Constitutional and the Supreme Court of Ukraine's conclusions and decisions are considered at the parliamentary meetings. No President has been impeached from office to date.
In the event that a President is incapable of committing his/her duties as President, the Chairman of the Verkhovna Rada (currently Volodymyr Lytvyn) becomes the acting president until a new president is elected. The acting president isn't given the authority to address the nation and parliament, dismiss the legislative branch and appoint candidates for parliamentary approval of government and judicial posts. The acting president can't call for a referendum, grant military ranks and state orders and exercise their right of pardon. There are no constitutional provisions for presidential succession in case both the president and chairman's posts are vacant.
Ukrainian presidential election, 2004
in Kiev on November 22, 2004.]]
The last presidential election was conducted in late 2004 and was contested between then-Prime Minister Viktor Yanukovych and former Prime Minister and opposition leader Viktor Yushchenko. The final stages of the election were conducted amidst allegations of media bias, voter intimidation and the poisoning of Viktor Yushchenko that was later confirmed to be the result of the poison dioxin.
The first round of voting was held on October 31, 2004 and finished at a a near-draw: official figures gave Yanukovych 39.32% and Yushchenko 39.87% of the votes cast. As no candidate reached the 50 percent constitutional margin required for outright victory, a runoff election was scheduled on November 21. Although a 75 percent voter turnout was recorded in the initial vote, observers reported many irregularities, particularly in the regions where Yushchenko's support was seen to be strongest.
According to the official Central Election Commission results announced on November 23, the run-off election was won by Yanukovych with 49.46 percent of the vote to Yushchenko's 46.61 percent, but Yushchenko and his supporters, as well as many international observers, denounced the election as rigged and highly falsified. Their denouncement and subsequent non-recognition of the vote led to a political crisis where widespread peaceful protests, dubbed the "Orange Revolution," eventually led to the Ukrainian Supreme Court annulling the run-off vote's results and ordering a repeat of the second round.
The repeat vote was conducted on December 26. Observers reported a much fairer vote; Viktor Yushchenko won the Presidency with 51.99 percent of the vote, to Yanukovych's 44.2 percent. Yushchenko was eventually declared the winner on January 10, 2005 after the failure of a legal action brought by Yanukovych. Viktor Yushcenko was sworn in as the third President of Ukraine on January 23, 2005.
List of Presidents of Ukraine
The modern Ukrainian presidency was formed when the Verkhovna Rada of the Ukrainian Soviet Socialist Republic passed a law on July 5, 1991 establishing the post of the "President of the Ukrainian SSR." Upon the proclamation of Ukrainian independence from the Soviet Union on August 24, 1991, the title was changed to the "President of Ukraine." The first election of the President of Ukraine was contested on December 1, 1991. Leonid Kravchuk was the inaugural holder of the office.
All three Presidents have been members of the Verkhovna Rada (parliament) prior to their election as President. Kravchuk was the first (and only) President to have resigned from the office, following a power struggle between Kravchuk and his Prime Minister Leonid Kuchma. Although the 10 is maximum number of years a person can serve, Leonid Kuchma has served a little over 10 and a half, finishing Kravchuk's only term. President Yushchenko is due to step down as President on January 23, 2010 if he is not re-elected to a second term.
See also
Footnotes
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