Constitution of Ukraine

Constitution of Ukraine. It is the fundamental law of Ukraine, establishing the country as a sovereign, independent, democratic, social, and legal state following the Dissolution of the Soviet Union. Adopted in 1996, it defines the structure of government, delineates the powers of the Verkhovna Rada, the President of Ukraine, and the Judiciary of Ukraine, and enshrines a comprehensive catalog of rights and freedoms. The document serves as the supreme legal authority, with all other laws and international treaties requiring conformity to its provisions.

History and adoption

The path to its adoption was a protracted political struggle following the Declaration of Independence of Ukraine in 1991. For five years, the nation operated under the heavily amended Constitution of the Ukrainian SSR while political factions, including the Communist Party of Ukraine and nationalist groups, debated the new document's form. A critical point of contention was the balance of power between the President of Ukraine and the Verkhovna Rada. Under pressure from international bodies like the Council of Europe and after an all-night session famously known as the "constitutional night", the parliament, led by then-Chairman Oleksandr Moroz, finally adopted it. The process was significantly influenced by President Leonid Kuchma, who had issued a decree for a national referendum to break the parliamentary deadlock.

Structure and content

The document is divided into fifteen sections and includes a preamble affirming the will of the Ukrainian people. It establishes Ukraine as a unitary state with a semi-presidential system of government. Key sections define the territorial structure, including the status of the Autonomous Republic of Crimea, and outline the electoral principles for the Verkhovna Rada and the President of Ukraine. It details the powers of the Cabinet of Ministers of Ukraine and the structure of the Judiciary of Ukraine, headed by the Supreme Court of Ukraine. A extensive section guarantees a wide array of civil, political, economic, and social rights, drawing from international standards like the European Convention on Human Rights.

Amendments and revisions

The procedure for change is deliberately rigorous, requiring approval by no less than two-thirds of the constitutional composition of the Verkhovna Rada and, in some cases, confirmation by a national All-Ukrainian referendum. Significant amendments were made in 2004 during the Orange Revolution, shifting the balance of power from the President of Ukraine to the Cabinet of Ministers of Ukraine and the Verkhovna Rada, creating a more parliamentary-presidential republic. These changes were controversially overturned by the Constitutional Court of Ukraine in 2010 but were effectively restored following the Revolution of Dignity in 2014, which also removed the president's power to appoint local governors. Further amendments regarding European Union and NATO membership aspirations were ratified in 2019.

Constitutional Court of Ukraine

The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction, tasked with interpreting the text and ruling on the constitutionality of laws, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, and the Verkhovna Rada. Its judges are appointed by the President of Ukraine, the Verkhovna Rada, and the Congress of Judges of Ukraine. The Court has been central to major political disputes, including its 2003 ruling on presidential term limits and its 2010 decision that nullified the 2004 amendments. Its independence and rulings, such as those affecting anti-corruption legislation, have frequently been subjects of intense political and public scrutiny.

Role in the legal system

As the supreme law, it holds the highest legal force. All normative legal acts, including laws passed by the Verkhovna Rada and decrees by the President of Ukraine, must comply with its provisions. International treaties ratified by the Verkhovna Rada become part of national legislation but cannot contravene it. The principles of constitutional supremacy and direct effect mean that its norms can be invoked directly in courts, including the Supreme Court of Ukraine. It forms the cornerstone for the entire legal system, influencing codes like the Criminal Code of Ukraine and the Civil Code of Ukraine, and is a reference point for rulings by the European Court of Human Rights concerning Ukraine.

Ukraine Category:Government of Ukraine Category:1996 in Ukraine Category:1996 in law