Layunin

The Constitution of Ukraine

With the proclamation of its independence on August 24, 1991, and adoption of a constitution on June 28, 1996, Ukraine became a semi-presidential republic. However, in 2004, deputies introduced changes to the Constitution, which tipped the balance of power in favor of a parliamentary system. From 2004 to 2010, the legitimacy of the 2004 Constitutional amendments had official sanction, both with the Constitutional Court of Ukraine, and most major political parties. Despite this, on September 30, 2010 the Constitutional Court ruled that the amendments were null and void, forcing a return to the terms of the 1996 Constitution and again making Ukraine's political system more presidential in character.

The ruling on the 2004 Constitutional amendments has become a major topic of political discourse. Much of the concern has been due to the fact that neither the Constitution of 1996 nor the Constitution of 2004 provides the ability to "undo the Constitution", as the decision of the Constitutional Court would have it, even though the 2004 constitution arguably has an exhaustive list of possible procedures for constitutional amendments (articles 154–159). In any case, the current Constitution can arguably be modified only by a vote in Parliament

The President is elected by popular vote for a five-year term and is the formal head of state Ukraine's legislative branch includes the 450-seatunicameral parliament, the Verkhovna Rada. The parliament is primarily responsible for the formation of the executive branch and the Cabinet of Ministers, which is headed by the Prime Minister However, the President still retains the authority to nominate the Ministers of the Foreign Affairs and of Defense for parliamentary approval, as well as the power to appoint the Prosecutor General and the head of the Security Service.

According to Article 104 of the Constitution, the President of Ukraine assumes office no later than in thirty days after the official...