|President of Ukraine
|Residence||Mariyinsky Palace (ceremonial)
13 other available for use
|Term length||Five years
renewable once, consecutively
|Inaugural holder||Leonid Kravchuk,
December 5, 1991[d]
|Formation||Law "On the President of the Ukrainian SSR," July 5, 1991[a]|
|Salary||₴25,578 per month|
The President of Ukraine (Ukrainian: Президент України, Prezydent Ukrayiny) is the Ukrainian head of state. The President represents the nation in international relations, administers the foreign political activity of the state, conducts negotiations and concludes international treaties. The President is directly elected by the citizens of Ukraine for a five-year term of office (whether the Presidential election is early or scheduled), limited to two terms consecutively.
The President's official residence is the Mariyinsky Palace, located in the Pechersk district of the capital Kiev. 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 Presidential Administration of Ukraine, unofficially known as "Bankova" in reference to the street it is 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 five Presidents of Ukraine. Leonid Kravchuk was the inaugural president, serving three years from 1991 until his resignation in 1994. Leonid Kuchma was the only President to have served two consecutive terms in office. Both Viktor Yushchenko and Viktor Yanukovych served one term, with the latter being replaced by acting president Oleksandr Turchynov, who is the current Chairman of the Ukrainian Parliament, on February 21, 2014. Oleksandr Turchinov was the only acting president in Ukraine's modern history, unlike in the US where the vise president inherits all powers of the presidency the powers of an acting president in Ukraine are severely limited. The current president is Petro Poroshenko who took the oath of office on June 7, 2014.
- 1 Overview
- 2 History
- 3 Election and eligibility
- 4 Oath and term of office
- 5 Duties and powers
- 6 Impeachment and succession
- 7 Privileges
- 8 List of Presidents
- 9 See also
- 10 References
- 11 External links
The President is also the Commander-in-Chief of the Ukrainian Army and heads the National Security and Defense Council, which advises the President, co-ordinates and controls the activity of bodies of executive power in the sphere of national security and defense. According to the Constitution of Ukraine, the president is the guarantor of the state's sovereignty, territorial indivisibility, the observance of the Constitution of Ukraine and human and citizens' 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 override his veto with a 2/3 constitutional majority vote. The President has limited authority to disband the Verkhovna Rada (parliament), and nominates candidates for the Minister of Foreign Affairs and Minister of Defense in the Ukrainian Cabinet of Ministers. Six out of eighteen of the Constitutional Court judges are appointed by the President. Decisions of the President are subject to review by Ukraine's courts with the Constitutional Court having the sole authority and power to declare decrees of the president unconstitutional. While in office, the president enjoys the right of immunity.
Ukrainian Presidents are frequently asked by individual citizens for help in solving their personal problems (sometimes successfully); in 2012, (then) President Yanukovych received about 10,000 to 12,000 letters from people every month. By-passing local governments is an ages-old practice in Ukraine.
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the highest governing body was the General Secretariat headed by its chairman. With the proclamation of the last universal of the UPR dated January 25, 1918 due to a military aggression, the Central Rada (council) of the UPR proclaimed its independence from the 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.
On April 29, 1918 the Central Rada was arrested and liquidated during a coup d'état initiated by the local German administration to install Hetman Pavlo Skoropadsky who barely spoke a word of the Ukrainian language. In November of the same year the Directorate government of the UPR was established as the opposition movement to the 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 de facto second "President" from December 19, 1918 to February 10, 1919. Although really the Directorate was the temporary governing body until the new Ukrainian Constituent Assembly would elect its president. Symon Petliura assumed the representation of the state after Vynnychenko's resignation on February 11, 1919 and until Petlyura's assassination in Paris on May 25, 1926.
After the Soviet offensive in 1920 and brought control of the Ukrainian territory under the Ukrainian Socialist Soviet Republic, the Ukrainian People's Republic was forced into exile. Upon the assassination of Petliura, the control over the state affairs were transferred to the former Prime Minister Andriy Livytskyi who in 1948 created the office of the President of Ukraine. Livytskyi served as the first President (in exile) 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 (and the fourth), 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.
Viktor Yanukovich has claimed to be the legitimate president of Ukraine claiming the events of the 2014 Ukrainian Revolution amounted to a coup and that the impeachment process has not been properly carried out. However, on October 3, 2014 several news agencies reported that Viktor Yanukovich accepted a Russian citizenship while in exile, if confirmed this likely suggests he has given up his claims for presidency as Ukrainian law does not allow for dual citizenship.
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" (Ukrainian: Президент Української РСР). 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.
So far, five presidential elections have been conducted. The first election in 1991 was held at the same time as Ukrainians voted to support the Declaration of Independence in the independence referendum. Leonid Kravchuk was elected Ukraine's first president on December 1, 1991. He was elected by a record number of voters with over 19.5 million who wanted him to see as the leader of the state. That number has not been beaten yet. His major opponents were the leader of Rukh Vyacheslav Chornovil and the author of the Declaration of Independence. President Kravchuk's remained in office until he resigned as part of a political compromise. A snap election was held in 1994, which was won by Ukraine's former Prime Minister Leonid Kuchma. Kuchma was re-elected for a second term of office in 1999.
The 2004 presidential election was marked by controversy with allegations of electoral fraud in the conduct of the second round runoff ballot between opposition candidate Viktor Yushchenko and the government-backed candidate and former Prime Minister Viktor Yanukovych. After mass nationwide protests, colloquially known as the "Orange Revolution," a new election was held on December 26, 2004 in which Victor Yushchenko was declared the winner with 52% of the vote and was subsequently sworn into office on January 23, 2005.
The 2010 election took place on January 17, with a run-off on February 7 due to a May 13 Constitutional Court ruling striking down the October 25 date that the parliament called in April 2009. As a result of this election Viktor Yanukovych was elected the fourth modern president of Ukraine.
After Yanukovych was removed from power in early 2014 the chairman of parliament Oleksandr Turchynov became acting president from February 23 till June 7, 2014.
The 2014 election took place on May 25, with businessman Petro Poroshenko winning over 54 percent of the vote; Yulia Tymoshenko was the runner up with around 13 percent. Poroshenko was sworn in as president on June 7, 2014.
Election and eligibility
The Ukrainian president is elected by direct popular vote by Ukrainian citizens who are 18 years and over. The President is elected for a 5-year term of office, limited to two terms consecutively. [b]
Ukraine's electoral law provides for a two-round system electoral system to elect the President; a candidate must win an absolute majority of all votes cast. If no candidate obtains an absolute majority in the first round of voting then the two highest polling candidates contest a run-off second ballot.
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.
Candidates seeking election are required to pay a nomination deposit of 500,000 hryvnias (approx. 80,000 US Dollars) which is refunded only to those candidates that progress to the second round of voting.
Oath and term of office
According to Article 104 of the Constitution, the President of Ukraine assumes office no later than in thirty days after the official announcement of the election results, from the moment of taking the oath to the people at a ceremonial meeting of the Verkhovna Rada of Ukraine, the Ukrainian parliament. 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 administers the oath of office. The President-elect recites the Ukrainian oath of office with his hand on the Constitution and the Peresopnytsia Gospels:[c] The Ukrainian text of the oath according to the article 104 is:
|“||Я, (ім'я та прізвище), волею народу обраний Президентом України, заступаючи на цей високий пост, урочисто присягаю на вірність Україні. Зобов'язуюсь усіма своїми справами боронити суверенітет і незалежність України, дбати про благо Вітчизни і добробут Українського народу, обстоювати права і свободи громадян, додержуватися Конституції України і законів України, виконувати свої обов'язки в інтересах усіх співвітчизників, підносити авторитет України у світі.||”|
Official English translation:
|“||I, (name and surname), elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in the interests of all compatriots, and to enhance the prestige of Ukraine in the world.||”|
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. The Prime Minister is 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. In addition, the President is barred by the Constitution from heading a political party.
The President has the power to submit a proposal for the nomination of the Prime Minister; the Verkhovna Rada, through a constitutional majority, has to support the candidacy. Laws passed by the Verkhovna Rada have to be signed by the President to become officially promulgated. 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 appoints the heads of local state administrations nominated by the Prime Minister for the period of his presidency.
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 does not 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 Supreme Commander-in-Chief (Article 106) 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 appoints heads of regional state administrations (oblderzhadministratsia), presidential representatives to the Autonomous Republic of Crimea, Verkhovna Rada, and others. The President does not act as an ex officio head of state of Crimea. 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 thei presidential consent on a nominee for Prime Minister of Crimea.
List of presidential appointments
- Heads of diplomatic missions of Ukraine (ambassadors)
- Prime Minister of Ukraine (consent of Verkhovna Rada), in 1996-2004 and 2010-2014
- Procurator General of Ukraine (consent of Verkhovna Rada)
- Chairman of the Anti-monopoly Committee of Ukraine (consent of Verkhovna Rada)
- Chairman of the State Property Fund of Ukraine (consent of Verkhovna Rada)
- Chairman of the State Committee of Ukraine on Television- and Radio-broadcasting (consent of Verkhovna Rada)
- Members of Cabinet of Ministers of Ukraine (submission of Prime-Minister)
- Members of other central bodies of executive power (submission of Prime-Minister)
- Heads of local government (submission of Prime Minister)
- Members of the Council of the National Bank of Ukraine (one-half of the composition)
- Members of the National Council of Ukraine on Television- and Radio-broadcasting (one-half of the composition)
- The High Command of the Armed Forces of Ukraine and main military formations
- Constitutional Court of Ukraine (one-third of the composition)
- Head of the Presidential Administration of Ukraine
- Presidential first aide
- Presidential press secretary
- Advising bodies
- Education and research
- National Institute of Strategic Research
- National Academy of State Management
Impeachment and succession
In order to impeach the President, they must be convicted of treason to the state and other 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.
In the event that a President is incapable of committing his/her duties as President, the Chairman of the Verkhovna Rada becomes the acting president until a new president is elected. The acting president is not 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 cannot 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.
An election as President of Ukraine garners many privileges of office to an individual. Full legal immunity is granted from all prosecutions and legal proceedings, excluding parliament's right to impeach the president. The title of President of Ukraine itself is protected by law and is reserved for the president for life, unless they have been impeached from office. 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 Directory of State Security of Ukraine and a separate presidential regiment provided by the Ministry of Interior.
For their services to the state, the president is allotted a yearly gross salary of ₴ 283,884 ($37,470, 2005). All official and state visits made by the president are operated by the Ukraine Air Enterprise Tupolev Tu-134 presidential airplane. All required aviation transportation is provided by the State Aviation Company "Ukraina" (Ukraine Air Enterprise), the headquarters of which is located in Boryspil.
The Presidential Administration of Ukraine is an administrative body set up to provide analytical, advisory and legal assistance to the President. It is colloquially known as "Bankova", because it is located on Bankova Street in a massive building across from the House with Chimaeras. The head of the administration, the Chief Secretary, acts as the gray cardinal for the president in Ukrainian politics. Around fourteen state residences are allocated for official Presidential use, many of which remain from the Kuchma-era presidency. The official ceremonial residence is the Mariyinsky Palace in Kiev. Other state residences include the House with Chimaeras and the House of the Weeping Widow in Kiev, the Yusupov Palace in Crimea, Mezhyhirya near Kiev and Synehora in Ivano-Frankivsk Oblast. In addition, each former president has been allotted a state-owned dacha in the former forest preserve in Koncha-Zaspa.
A lot of additional material-technical, social-communal, health care provision support is offered by the State Department of Affairs (abbreviated as DUS) that is created for state officials and subordinated to the President of Ukraine. DUS is a supporting state agency that was restructured in 2000 out of the Presidential Directory of Affairs. Primarily the agency is designated for the President and its administration, while also provides support for the Cabinet of Ministers, parliament, and other state agencies if budget permits.
The President's official state symbols consists of the Presidential Standard of the Ukrainian Flag, the Seal of the President of Ukraine, the Presidential ID Card, the Presidential Sign (collar), and the Bulava of the President of Ukraine. 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.
The president's spouse is recognized as the First Lady, much in the similar fashion as in other countries, although such a title holds no official and legal responsibility and is often undisclosed. However, during the Yushchenko Presidency, his marriage to Kateryna Yushchenko and their private life drew a lot of attention from the media. Apart from Kateryna Yushchenko, little else is known about the other presidential spouses.
The tradition of the Ukrainian "First family" was established by Kuchma, who became the in-law to his daughter's husband and politician Viktor Pinchuk. During the presidency of Viktor Yanukovych, the "first family" meaning was taken to the next level whose son Viktor became a parliamentarian of Verkhovna Rada with the same political party affiliation.
List of Presidents
a.^ As President of the Ukrainian Soviet Socialist Republic.
b.^ Per Chapter V, Article 103 of the Constitution, the President is allowed to serve a maximum of two full 5-year terms. However, in 2003, the Constitutional Court of Ukraine permitted then-President Leonid Kuchma to run for a third term in the 2004 presidential election (he chose not to run). "Summary to the Decision no. 22-rp/2003 of the Constitutional Court of Ukraine as of December 25, 2003" (Microsoft Word document). Constitutional Court of Ukraine. December 25, 2003. Retrieved 2009-03-22.
C.^ Official Ukrainian text of the oath: "Я, (ім'я та прізвище), волею народу обраний Президентом України, заступаючи на цей високий пост, урочисто присягаю на вірність Україні. Зобов'язуюсь усіма своїми справами боронити суверенітет і незалежність України, дбати про благо Вітчизни і добробут Українського народу, обстоювати права і свободи громадян, додержуватися Конституції України і законів України, виконувати свої обов'язки в інтересах усіх співвітчизників, підносити авторитет України у світі." Source: "Стаття 104". Constitution of Ukraine (in Ukrainian). Verkhovna Rada of Ukraine. Retrieved 2008-12-13.
D.^ Although Leonid Kravchuk's official inauguration ceremony was conducted on August 22, 1992, he carried out most of the presidential responsibilities temporarily ceded to him as Chairman of the Verkhovna Rada until December 5, 1991 when he became President.
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