Ukraine Europe
      


GOVERNMENT

Ukraine has a parliamentary-presidential system of government with separate executive, judicial, and legislative branches. The president nominates the defense and foreign ministers, and the Prosecutor General and Chief of the State Security Service (SBU), each of whom must be confirmed by the parliament. Beginning in 2006, a majority of deputies in the 450-member unicameral parliament (Supreme Rada) forms a coalition, which then names the prime minister, who in turn nominates other ministers. The Supreme Rada initiates legislation, ratifies international agreements, and approves the budget. Its members are elected to five-year terms. Following free elections held on December 1, 1991, Leonid M. Kravchuk, former chairman of the Ukrainian Rada, was elected to a five-year term, and became Ukraine's first president. At the same time, a referendum on independence was approved by more than 90% of the voters.

Shortly after becoming independent, Ukraine named a parliamentary commission to prepare a new constitution, adopted a multi-party system, and adopted legislative guarantees of civil and political rights for national minorities. A new, democratic constitution was adopted on June 28, 1996, which mandates a pluralistic political system with protection of basic human rights and liberties. Amendments that took effect January 1, 2006, shifted significant powers from the president to the prime minister and Supreme Rada.

Freedom of religion is guaranteed by law, although religious organizations are required to register with local authorities and with the central government. Minority rights are respected in accordance with a 1991 law guaranteeing ethnic minorities the right to schools and cultural facilities and the use of national languages in conducting personal business. According to the constitution, Ukrainian is the only official state language. In Crimea and some parts of eastern Ukraine--areas with substantial ethnic Russian minorities--local and regional governments permit Russian as a language for local official correspondence.

Freedom of speech and press are guaranteed by law and by the constitution, and authorities generally respect these rights. Prior to the "Orange Revolution," however, authorities sometimes interfered with the news media through intimidation and other forms of pressure. In particular, the failure of the government to conduct a thorough, credible, and transparent investigation into the 2000 disappearance and murder of independent journalist Heorhiy Gongadze, in which then-government officials have been credibly implicated, negatively affected Ukraine's international image. Freedom of the media and respect for citizens' rights have increased markedly since the government of President Yushchenko took office in January 2005.

The Crimean peninsula is home to a number of pro-Russian political organizations that advocate secession of Crimea from Ukraine and annexation to Russia. Crimea was ceded by the RFSSR to the Ukrainian SSR in 1954, in recognition of historic links and for economic convenience, to mark the 300th anniversary of Ukraine's union with Russia. In July 1992, the Crimean and Ukrainian parliaments determined that Crimea would remain under Ukrainian jurisdiction while retaining significant political, economic, and cultural autonomy.

The campaign leading to the October 31, 2004 presidential election was characterized by widespread violations of democratic norms, including government intimidation of the opposition and of independent media, abuse of state administrative resources, highly skewed media coverage, and numerous provocations. The two major candidates--Prime Minister Viktor Yanukovych and opposition leader (and former Prime Minister) Viktor Yushchenko--each garnered between 39% and 40% of the vote and proceeded to a winner-take-all second round. The November 21 runoff election was marred by credible reports of widespread and significant violations, including illegal expulsion of opposition representatives from election commissions, multiple voting by busloads of people, abuse of absentee ballots, reports of coercion of votes in schools and prisons, and an abnormally high number of (easily manipulated) mobile ballot box votes. Hundreds of thousands of people took to the streets of Kyiv and other cities to protest electoral fraud and express support for Yushchenko, and conducted ongoing peaceful demonstrations during what came to be known as the "Orange Revolution."

The OSCE International Election Observation Mission found that the November 21 run-off election "did not meet a considerable number of OSCE commitments and Council of Europe and other European standards for democratic elections." Other independent observers were similarly critical. On November 24, the CEC declared Yanukovych the winner with 49.46% compared to 46.61% for Yushchenko. The U.S. and Europe refused to accept the result as legitimate due to the numerous, uninvestigated reports of fraud. On November 27, Ukraine's Supreme Rada passed a resolution declaring that the election results as announced did not represent the will of the people. On December 1, the Rada passed a vote of "no confidence" in the government. On December 3, Ukraine's Supreme Court invalidated the CEC's announced results and mandated a repeat of the second round vote to take place on December 26. An agreement mediated by European leaders resulted in new legislation being passed by the Rada and signed by the President December 8. The electoral law was reformed to close loopholes that had permitted pervasive electoral fraud. The constitution was amended to transfer power, especially with respect to appointment of ministers, from the president to the prime minister.

The December 26 re-vote took place in an atmosphere of calm. While irregularities were noted, observers found no systemic or massive fraud. The OSCE Mission noted that " Ukraine's elections have moved substantially closer to meeting OSCE and other European standards." On January 10, 2005, after the CEC and the Supreme Court had considered and rejected numerous complaints and appeals filed by the Yanukovych campaign, the CEC certified the results: Yushchenko had won 51.99% of the votes, with 44.20% for Yanukovych. President Yushchenko was inaugurated January 23, 2005.

Ukraine held parliamentary and local elections on March 26, 2006. International observers noted that conduct of the Rada election was in line with international standards for democratic elections, making this the most free and fair in Ukraine's history. Unlike the first rounds of the 2004 presidential election, candidates and parties were able to express themselves freely in a lively press and assembled without hindrance. There was no systemic abuse of administrative resources as there had been under the previous regime. The Party of Regions and the bloc of former Prime Minster Tymoshenko (BYuT), whose government the President dismissed in September 2005, finished ahead of the pro-presidential Our Ukraine bloc. Other parties passing the 3% threshold to enter parliament were the Socialist Party of Ukraine and the Communist Party of Ukraine. No party held the majority of Rada seats needed to form a government. Following four months of difficult negotiations, the Anti-Crisis Coalition was formed by Party of Regions, the Socialists, and the Communists. The new coalition formed a government, confirmed August 4, 2006, led by Prime Minister Yanukovych. This, the first government formed after the extensive constitutional amendments brokered as part of the Orange Revolution, saw the Prime Minister's influence and power growing, often at the expense of the President.

President Yushchenko dissolved the Rada on April 3, 2007 and called for preterm elections. Months of political stalemate followed, with the Anti-Crisis Coalition continuing to hold Rada sessions, even after opposition parties Our Ukraine and BYuT resigned their seats and deprived the parliament of a constitutional quorum. On May 27, President Yushchenko, Prime Minister Yanukovych, and Rada Speaker Olexandr Moroz reached a political agreement on new elections that were held on September 30, 2007. International observers judged this vote to be in line with international democratic standards in an open and competitive environment. Party of Regions finished in first place with 34.3%, and ByuT came in second with 30.7%. BYuT and Our Ukraine, which came in a distant third (14.1%), garnered enough votes to form a thin three-seat majority. The Communist Party and Bloc Lytvyn, headed by Rada Speaker Volodymyr Lytvyn, also crossed the 3% threshold.

The new coalition formed on December 18, 2007 nominated Yuliya Tymoshenko as Prime Minister; she was confirmed December 18, 2007. The cabinet was split 50-50 between representatives from BYuT and Our Ukraine (which is now called Our Ukraine-People's Self Defense. For most of February 2008, there was a deadlock within the Rada due to objections by opposition leader Viktor Yanukovych and his Party of Regions to Ukraine’s request for a NATO Membership Action Plan (MAP). The Rada experienced a deadlock again during summer 2008 due to the defection of two BYuT members of parliament (MPs), resulting in the party’s loss of the majority. In July, Yuliya Tymoshenko’s government survived a vote of no confidence. In September 2008, the coalition between Tymoshenko and Yushchenko’s parties collapsed. A new coalition was formed between the former Orange allies, along with the Lytvyn Bloc, at the beginning of December; however, this new coalition has not resolved disagreements between the President and Prime Minister. The Rada voted to have presidential elections on October 25, 2009, but the Constitutional Court ruled this date unconstitutional.

After independence, Ukraine established its own military forces of about 780,000 from the troops and equipment inherited from the Soviet Union. Security forces are controlled by the president, although they are subject to investigation by a permanent parliamentary commission. Surveillance is permitted for reasons of national security. Under defense reform legislation passed in 2004, Ukraine is strengthening civilian control of the military, professionalizing its non-commissioned officer (NCO) corps, modernizing force structure to improve interoperability with NATO, and reducing troop numbers, all with an eye toward achieving NATO standards. Current force levels are approximately 150,000 (plus 50,000 civilian workers in the Ministry of Defense). Ukraine's stated national policy is Euro-Atlantic integration, including with both NATO and the European Union (EU). NATO offered Ukraine an "Intensified Dialogue on Membership Issues" in April 2005. Ukraine had previously signed an agreement with NATO on using Ukraine's strategic airlift capabilities and has been an active participant in Partnership for Peace exercises, in Balkans peacekeeping, and Coalition operations in Iraq. Ukrainian units have been serving in the U.S. sector in Kosovo, and served in the Polish-led division in Iraq and in Afghanistan. Currently, Ukraine participates in six United Nations peacekeeping missions and has up to 50 troops serving in supporting roles in Iraq. In January 2008 Ukraine formally requested a NATO Membership Action Plan, noting that a final decision on membership would be determined by a national referendum. In April 2008, NATO allies stated that Ukraine would eventually become a member of the alliance and that its request for MAP would be considered at some point in the future.

Principal Government Officials
President--Viktor A. Yushchenko
Prime Minister--Yuliya Tymoshenko
Foreign Minister--Vacant
Speaker of the Rada (Parliament)--Volodymyr Lytvyn

Ukraine maintains an embassy at 3350 M Street NW, Washington, DC 20007 (tel. 202-333-0606).

Type: Presidential-parliamentary.
Independence: August 24, 1991.
Constitution: First post-Soviet constitution adopted June 28, 1996.
Branches: Executive--president, prime minister, cabinet. Legislative--450-member unicameral parliament, the Supreme Rada (members elected to 4-year terms). Judicial--Supreme Court, Courts of Appeal, local courts, and Constitutional Court.
Political parties: Wide range of active political parties and blocs, from leftist to center and center-right to ultra-nationalist.
Suffrage: Universal at 18.
Administrative subdivisions: 24 provinces (oblasts), Crimean autonomous republic, and two cities with special status--Kiev and Sevastopol.




 
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