President of Ukraine - Duties and Powers

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.

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 are signed into law by the President. 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 Republic of Crimea, Verkhovna Rada, 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 their presidential consent on a nominee for Prime Minister of Crimea.

Since September 2011 the President of Ukraine is also head of the National Anti-Corruption Committee, while the Justice Minister serves as the secretary of this committee. The committee tasks include a systematic analysis of corruption in Ukraine and the development of measures to combat corruption.