The Constitution of Ukraine ( uk, Конституція України, translit=Konstytutsiia Ukrainy) is the fundamental law of

Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inva ...

. The constitution was adopted and ratified at the 5th session of the ''

Verkhovna Rada The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...

'', the parliament of

, on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible (300 ayes minimum).Ukraine celebrating 20th anniversary of Constitution

UNIAN The UNIAN or Ukrainian Independent Information Agency of News ( uk, Українське Незалежне Інформаційне Агентство Новин, УНІАН, translit=Ukrayins'ke Nezalezhne Informatsiyne Ahentstvo Novyn) is a ...

(28 June 2016) All other laws and other normative legal acts of Ukraine must conform to the constitution. The right to amend the constitution through a special legislative procedure is vested exclusively in the parliament. The only body that may interpret the constitution and determine whether legislation conforms to it is the Constitutional Court of Ukraine. Since 1996, the

public holiday A public holiday, national holiday, or legal holiday is a holiday generally established by law and is usually a non-working day during the year. Sovereign nations and territories observe holidays based on events of significance to their history ...

Constitution Day is celebrated on 28 June.1996: THE YEAR IN REVIEW
, The Ukrainian Weekly (29 December 1996) In 2004, amendments were adopted that significantly changed Ukraine's political system; these changes are sometimes referred to as the 2004 Constitution. In 2010, then-

President of Ukraine The president of Ukraine ( uk, Президент України, Prezydent Ukrainy) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, condu ...

Viktor Yanukovych Viktor Fedorovych Yanukovych ( uk, Віктор Федорович Янукович, ; ; born 9 July 1950) is a former politician who served as the fourth president of Ukraine from 2010 until he was removed from office in the Revolution of D ...

reverted these changes on the basis of a ruling made by the Constitutional Court of Ukraine. Following the events of

Euromaidan Euromaidan (; uk, Євромайдан, translit=Yevromaidan, lit=Euro Square, ), or the Maidan Uprising, was a wave of demonstrations and civil unrest in Ukraine, which began on 21 November 2013 with large protests in Maidan Nezalezhno ...

(2013–2014), the 2004 amendments were reinstated.

History

Until 8 June 1995, Ukraine's supreme law was the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

(Fundamental Law) of the

Ukrainian SSR The Ukrainian Soviet Socialist Republic ( uk, Украї́нська Радя́нська Соціалісти́чна Респу́бліка, ; russian: Украи́нская Сове́тская Социалисти́ческая Респ ...

(adopted in 1978, with numerous later amendments). On 8 June 1995, President

Leonid Kuchma Leonid Danylovych Kuchma ( uk, Леоні́д Дани́лович Ку́чма; born 9 August 1938) is a Ukrainian politician who was the second president of Ukraine from 19 July 1994 to 23 January 2005. Kuchma's presidency saw numerous corru ...

and Speaker Oleksandr Moroz (acting on behalf of the parliament) signed the Constitutional Agreement for the period until a new constitution could be drafted. The first constitution since independence was adopted during an overnight parliamentary session after almost 24 hours of debate of 27–28 June 1996, unofficially known as "the constitutional night of 1996." The Law No. 254/96-BP ratifying the constitution, nullifying previous constitutions and the Agreement was ceremonially signed and promulgated in mid-July 1996. According to a ruling of the Constitutional Court of Ukraine, the constitution took force at the moment when the results of the parliamentary vote were announced on 28 June 1996 at approx. 9 a.m.

Kyiv Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the seventh-most populous city in Europe. Ky ...

Time. Ukraine was the last of the

post-Soviet states The post-Soviet states, also known as the former Soviet Union (FSU), the former Soviet Republics and in Russia as the near abroad (russian: links=no, ближнее зарубежье, blizhneye zarubezhye), are the 15 sovereign states that wer ...

to adopt its own constitution. On Constitution Day 2018, President

Petro Poroshenko Petro Oleksiyovych Poroshenko ( uk, Петро́ Олексі́йович Пороше́нко, ; born 26 September 1965) is a Ukrainian businessman and politician who served as the fifth president of Ukraine from 2014 to 2019. Poroshenko se ...

remarked that the 1710

Constitution of Pylyp Orlyk Pylyp Orlyk’s Constitution ( uk, Конституція Пилипа Орлика (''Konstytutsiya Pylypa Orlyka''), formally titled as The Treaties and Resolutions of the Rights and Freedoms of the Zaporozhian Army ( uk, Договори і П ...

is the predecessor of Ukraine's current constitution. On 7 February 2019, the

voted to amend the constitution to state Ukraine's strategic objectives as joining the

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...

and

NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two N ...

Structure

The Constitution of Ukraine is divided into 15 chapters: # General Principles # Human and Citizens' Rights, Freedoms and Duties # Elections. Referendums #

Verkhovna Rada of Ukraine The Verkhovna Rada of Ukraine ( uk, Верхо́вна Ра́да Украї́ни, translit=, Verkhovna Rada Ukrainy, translation=Supreme Council of Ukraine, Ukrainian abbreviation ''ВРУ''), often simply Verkhovna Rada or just Rada, is the ...

# Cabinet of Ministers of Ukraine. Other Bodies of Executive Power # Prokuratura (Prosecutor's Office) #

Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

# Territorial Structure of Ukraine #

Autonomous Republic of Crimea The Autonomous Republic of Crimea, commonly known as Crimea, is a de jure autonomous republic of Ukraine encompassing most of Crimea that was annexed by Russia in 2014. The Autonomous Republic of Crimea occupies most of the peninsula,

# Local Self-Government # Constitutional Court of Ukraine # Introducing Amendments to the Constitution of Ukraine # Final Provisions # Transitional Provisions

Amendments

In accordance with Chapter XIII: Introducing Amendments to the Constitution of Ukraine, the constitution can only be amended with the consent of no less than two-thirds of the constitutional composition (the 450 Ukrainian lawmakers) of the Verkhovna Rada of Ukraine. In addition, amendments to Chapter I — "General Principles," Chapter III — "Elections. Referendum", and Chapter XIII — "Introducing Amendments to the Constitution of Ukraine" can only be amended by the parliament of Ukraine on the condition that it is also approved by an All-Ukrainian referendum designated by the President of Ukraine. In May 2012,

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

set up the Constitutional Assembly of Ukraine; a special auxiliary agency under the President for drawing up bills of amendments to the Constitution, the president then will introduce them in parliament.

2004 and 2010 amendments and 2014 return to 2004 amendments

On 8 December 2004, the parliament passed Law No. 2222-IV amending the constitution. The law was approved with a 90 percent majority (402 voted in favour and 21 against, with 19 abstentions; 300 in favour required for passage) simultaneously with other legislative measures aimed at resolving the 2004 presidential election crisis. It was signed almost immediately in the parliamentary chamber by the outgoing President

and promulgated on the same day. These amendments weakened the power of the

, who lost the power to nominate the Prime Minister of Ukraine, which became the task of the parliament solely. The President could only appoint the Minister of Defence and

Foreign Minister A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between co ...

. The President also lost the right to dismiss members of the

Cabinet of Ukraine The Cabinet of Ministers of Ukraine ( uk, Кабінет Міністрів України, translit=Kabinet Ministriv Ukrainy; shortened to CabMin), commonly referred to as the Government of Ukraine ( uk, Уряд України, ''Uriad Ukrai ...

, but gained the right to dissolve Parliament.The Handbook of Political Change in Eastern Europe

Edward Elgar Publishing Edward Elgar Publishing is a global publisher of academic books, journals and online resources in the social sciences and law. The company also publishes a social science and law blog with regular contributions from leading scholars. About Edwa ...

, 2013, (page 732) If no coalition in parliament could be formed to appoint a Prime Minister, the President would have no choice but to call new

parliamentary elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...

. The 2004 constitutional amendments were passed in the Parliament only with limited consultation and discussion between political forces, in the context of the

Orange Revolution The Orange Revolution ( uk, Помаранчева революція, translit=Pomarancheva revoliutsiia) was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate afterm ...

. They therefore attracted criticism from several internal (Ukrainian political parties) and external bodies (the

Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...

, the

European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...

and the Venice Commission).EUObserver
16 October 2010 The amendments took force unconditionally on 1 January 2006.ELECTION DEFEAT A COLD SHOWER FOR YUSHCHENKO
,

The Jamestown Foundation The Jamestown Foundation is a Washington, D.C.-based conservative defense policy think tank. Founded in 1984 as a platform to support Soviet defectors, its stated mission today is to inform and educate policy makers about events and trends, wh ...

(29 March 2006) The remaining amendments took force on 25 May 2006, when the new parliament assembled after the 2006 elections. On 1 October 2010, the Constitutional Court of Ukraine overturned the 2004 amendments, considering them unconstitutional. The Court had started to consider the case on the political reform in 2004 under a motion from 252

coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...

lawmakers regarding the constitutionality of this reform of 14 July 2010. The 2010 nullification decision was highly controversial. The Council of Europe's Human Rights Commissioner received several reports alleging that the resignation of four judges in the run-up to the decision occurred as a result of extensive pressure by the executive. On 18 November 2010, the Venice Commission published its report titled ''The Opinion of the Constitutional Situation in Ukraine in Review of the Judgement of Ukraine's Constitutional Court'', in which it stated: "It also considers highly unusual that far-reaching constitutional amendments, including the change of the political system of the country – from a parliamentary system to a parliamentary presidential one – are declared unconstitutional by a decision of the Constitutional Court after a period of 6 years. ... As Constitutional Courts are bound by the Constitution and do not stand above it, such decisions raise important questions of democratic legitimacy and the rule of law"."Opinion on the Constitutional Situation in Ukraine"
Venice Commission. 20 December 2010. Retrieved 27 February 2022. On 21 February 2014, the parliament passed a law that reinstated the 8 December 2004 amendments of the constitution. This was passed under simplified procedure without any decision of the relevant committee and was passed in the first and the second reading in one voting by 386 deputies. The law was approved by 140 MPs of the

Party of Regions The Party of Regions ( uk, Партія регіонів, Partiia rehioniv, ; russian: Партия регионов, Partiya regionov) was a pro-Russian political party in Ukraine formed in late 1997 that then grew to be the biggest party of U ...

, 89 MPs of Batkivshchyna, 40 MPs of UDAR, 32 of the

Communist Party A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of '' The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engel ...

, and 50 independent lawmakers.Ukrainian parliament reinstates 2004 Constitution

Interfax-Ukraine The Interfax-Ukraine ( uk, Інтерфакс-Україна) is a Kyiv-based Ukrainian independent news agency founded in 1992. The company does not belong to the Russian news corporation Interfax Information Services. The company publishes i ...

(21 February 2014) According to

Radio Free Europe Radio Free Europe/Radio Liberty (RFE/RL) is a United States government funded organization that broadcasts and reports news, information, and analysis to countries in Eastern Europe, Central Asia, Caucasus, and the Middle East where it says tha ...

, the measure was not signed by the then-President

, who was subsequently removed from office. The reinstitution of amendments was adopted according to the 2014 Agreement on settlement of political crisis in Ukraine. This was followed shortly thereafter by the

annexation of Crimea by the Russian Federation In February and March 2014, Russia invaded and subsequently annexed the Crimean Peninsula from Ukraine. This event took place in the aftermath of the Revolution of Dignity and is part of the wider Russo-Ukrainian War. The events in Kyiv t ...

and the 2014 Russian military intervention in Ukraine.

History

Structure

Amendments

2004 and 2010 amendments and 2014 return to 2004 amendments

See also

Former constitutions

Others

References

Further reading

External links