The Constitution of Ukraine (, ) is the fundamental law of

Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...

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

Verkhovna Rada The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameralism, unicameral parliament of Ukraine. It consists of 450 Deputy (legislator), deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovn ...

'', 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

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(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 The Constitutional Court of Ukraine (, ) is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine in terms of laws and other legal acts. The Court initiated its ac ...

. Since 1996, the

public holiday A public holiday, national holiday, federal holiday, statutory holiday, bank holiday or legal holiday is a holiday generally established by law and is usually a non-working day during the year. Types Civic holiday A ''civic holiday'', also k ...

Constitution Day Constitution Day is a holiday to honour the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitut ...

is celebrated on 28 June.1996: THE YEAR IN REVIEW
,

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(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 (, ) is the head of state of Ukraine. The president represents the nation in international relations, administers the foreign political activity of the state, conducts negotiations and concludes international treaties. ...

Viktor Yanukovych Viktor Fedorovych Yanukovych (born 9 July 1950) is a Ukrainian politician who served as the fourth president of Ukraine from 2010 to 2014. He also served as the prime minister of Ukraine several times between 2002 and 2007 and was a member of t ...

reverted these changes on the basis of a ruling made by the

. Following the events of

Euromaidan Euromaidan ( ; , , ), or the Maidan Uprising, was a wave of Political demonstration, demonstrations and civil unrest in Ukraine, which began on 21 November 2013 with large protests in Maidan Nezalezhnosti (Independence Square) in Kyiv. The p ...

(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, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

(Fundamental Law) of the

Ukrainian SSR The Ukrainian Soviet Socialist Republic, abbreviated as the Ukrainian SSR, UkrSSR, and also known as Soviet Ukraine or just Ukraine, was one of the Republics of the Soviet Union, constituent republics of the Soviet Union from 1922 until 1991. ...

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

Leonid Kuchma Leonid Danylovych Kuchma (, ; born 9 August 1938) is a Ukrainian politician who was the second president of Ukraine, serving from 19 July 1994 to 23 January 2005. The only president of Ukraine to serve two terms, his presidency was marked by demo ...

and Speaker

Oleksandr Moroz Oleksandr Oleksandrovych Moroz (born 29 February 1944) is a Ukraine, Ukrainian politician. He was the Chairman of the Verkhovna Rada twice, from 1994 to 1998 and again from 2006 to 2007. Moroz is one of the founders and the leader of the Soci ...

(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

, 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 Kiev, is the capital and most populous List of cities in Ukraine, city of Ukraine. Located in the north-central part of the country, it straddles both sides of the Dnieper, Dnieper River. As of 1 January 2022, its population was 2, ...

Time. Ukraine was the last of the

post-Soviet states The post-Soviet states, also referred to as the former Soviet Union or the former Soviet republics, are the independent sovereign states that emerged/re-emerged from the dissolution of the Soviet Union in 1991. Prior to their independence, they ...

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

Petro Poroshenko Petro Oleksiiovych Poroshenko (born 26 September 1965) is a Ukraine, Ukrainian politician and Oligarchy, oligarch who served as the fifth president of Ukraine from 2014 to 2019. He served as the Minister of Foreign Affairs (Ukraine), Minister ...

remarked that the 1710

Constitution of Pylyp Orlyk The Constitution of Pylyp Orlyk () or the Bender Constitution, formally titled as The Treaties and Resolutions of the Rights and Freedoms of the Zaporozhian Host (, ), is a constitutional document written by the Hetman of the Zaporizhian Host, P ...

is the predecessor of Ukraine's current constitution. In February 2019 the constitution was amended to require governments to seek

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 Geography of the European Union, located primarily in Europe. The u ...

and

NATO The North Atlantic Treaty Organization (NATO ; , OTAN), also called the North Atlantic Alliance, is an intergovernmental organization, intergovernmental Transnationalism, transnational military alliance of 32 Member states of NATO, member s ...

membership.

Structure

The

Constitution of Ukraine The Constitution of Ukraine (, ) is the fundamental law of Ukraine. The constitution was adopted and ratified at the 5th session of the ''Verkhovna Rada'', the parliament of Ukraine, on 28 June 1996. The constitution was passed with 315 ayes o ...

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

Verkhovna Rada of Ukraine The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameralism, unicameral parliament of Ukraine. It consists of 450 Deputy (legislator), deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovn ...

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

Justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

# Territorial Structure of Ukraine #

Autonomous Republic of Crimea The Autonomous Republic of Crimea is a ''de jure'' administrative division of Ukraine encompassing most of Crimea that was unilaterally annexed by Russia in 2014. The Autonomous Republic of Crimea occupies most of the peninsula,Local Self-Government Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...

# 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: Arts and entertainment Film and television *'' Præsident ...

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 The prime minister of Ukraine (, , ) is the head of government of Ukraine. The prime minister presides over the government of Ukraine, Cabinet of Ministers of Ukraine, which is the highest body of the executive branch of the government of Ukrain ...

, which became the task of the parliament solely. The President could only appoint the

Minister of Defence A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divid ...

and

Foreign Minister In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...

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

Cabinet of Ukraine The Cabinet of Ministers of Ukraine (), commonly referred to as the Government of Ukraine (), is the highest body of state executive power in Ukraine. As the Cabinet of Ministers of the Ukrainian SSR, it was formed on 18 April 1991, by the Law ...

, 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 an electoral process to choose most or all members of a governing body at the same time. They are distinct from by-elections, which fill individual seats that have become vacant between general elections. General 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 () was a series of protests that led to political upheaval in Ukraine from late November 2004 to January 2005. It gained momentum primarily due to the initiative of the general population, sparked by the aftermath of the ...

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

Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...

, the

European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...

and the

Venice Commission The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin ...

).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 non-partisan defense policy think tank. Founded in 1984 as a platform to support Soviet defectors, its stated mission is to inform and educate policy makers about events and trends, which i ...

(29 March 2006) The remaining amendments took force on 25 May 2006, when the new parliament assembled after the

2006 elections The following elections occurred in the year 2006. * Elections in 2006 * Electoral calendar 2006 * 2006 Acehnese regional election * 2006 American Samoan legislative election * 2006 Bahraini parliamentary election * 2006 Costa Rican presidential e ...

. On 1 October 2010, the

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 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, military, or economic spaces. Formation According to ''A G ...

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

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". On 21 February 2014, the parliament passed a law that reinstated the 8 December 2004 amendments of the constitution. This was passed under a simplified procedure, without any decision of , and was passed in the first and the second reading in one vote by 386 deputies. The law was approved by 140 MPs of the

Party of Regions A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature ...

, 89 MPs of

Batkivshchyna The All-Ukrainian Union "Fatherland" (), referred to as Batkivshchyna (), is a political party in Ukraine led by People's Deputy of Ukraine, former Ukrainian Prime Minister Yulia Tymoshenko. As the core party of the former Yulia Tymoshenko B ...

, 40 MPs of

UDAR The Ukrainian Democratic Alliance for Reform of Vitali Klitschko (, using the acronym UDAR Vitali Klitschko () translates to "strike" or "punch", ) is a Political parties in Ukraine, political party in Ukraine headed by retired

, 32 of the Communist Party, and 50 independent lawmakers.Ukrainian parliament reinstates 2004 Constitution

Interfax-Ukraine Interfax-Ukraine () is a Ukrainian news agency. Founded in 1992, the company publishes in Ukrainian, Russian, English and German. The company owns a 50-seat press centre. The staff of the agency is 105 people (as of the end of February 2022) ...

(21 February 2014) According to

Radio Free Europe Radio Free Europe/Radio Liberty (RFE/RL) is a media organization broadcasting news and analyses in 27 languages to 23 countries across Eastern Europe, Central Asia, the Caucasus, and the Middle East. Headquartered in Prague since 1995, RFE/RL ...

, the measure was not signed by the then-President

, who was subsequently removed from office. The reinstatement of these 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 the Crimea, Crimean Peninsula, part of Ukraine, and then annexed it. This took place in the relative power vacuum immediately following the Revolution of Dignity. It marked the beginning of the Russ ...

and the

2014 Russian military intervention in Ukraine The Russo-Ukrainian War began in February 2014 and is ongoing. Following Ukraine's Revolution of Dignity, Russia occupied and annexed Crimea from Ukraine. It then supported Russian paramilitaries who began a war in the eastern Donbas re ...

2019 amendments

On 7 February 2019, the

voted 334 to 17 to amend the constitution to state Ukraine's strategic objectives as joining the

and

History

Structure

Amendments

2004 and 2010 amendments and 2014 return to 2004 amendments

2019 amendments

See also

Former constitutions

Others

References

Further reading

External links