Ukraine 1996 Constitution (reviewed 2019)

Chapter V. President of Ukraine

Article 102

The President of Ukraine is the Head of State and acts in its name.

The President of Ukraine is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens’ rights and freedoms.

The President of Ukraine is a guarantor of the implementation of the strategic course of the state for gaining full-fledged membership of Ukraine in the European Union and the North Atlantic Treaty Organization.

Article 103

The President of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.

A citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the state language, may be elected as the President of Ukraine.

One and the same person shall not be the President of Ukraine for more than two consecutive terms.

The President of Ukraine shall not have another representative mandate, hold office in bodies of state power or in associations of citizens, and also perform any other paid or entrepreneurial activity, or be a member of an administrative body or board of supervisors of an enterprise that is aimed at making profit.

Regular elections of the President of Ukraine are held on the last Sunday of March of the fifth year of the term of authority of the President of Ukraine. In the event of pre-term termination of authority of the President of Ukraine, elections of the President of Ukraine are held within ninety days from the date of termination of the authority.

The procedure for conducting elections of the President of Ukraine is established by law.

Article 104

The newly-elected President of Ukraine assumes office no later than in thirty days after the official announcement of the election results, from the moment of taking the oath to the people at a ceremonial meeting of the Verkhovna Rada of Ukraine.

The Chairman of the Constitutional Court of Ukraine administers the oath to the President of Ukraine.

The President of Ukraine takes the following oath:

“I, (name and surname), elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in the interests of all compatriots, and to enhance the prestige of Ukraine in the world.”

The President of Ukraine, elected by special elections, takes the oath within five days after the official announcement of the election results.

Article 105

The President of Ukraine enjoys the right of immunity during the term of authority.

Persons guilty of offending the honour and dignity of the President of Ukraine are brought to responsibility on the basis of the law.

The title of President of Ukraine is protected by law and is reserved for the President for life, unless the President of Ukraine has been removed from office by the procedure of impeachment.

Article 106

The President of Ukraine:

1. ensures state independence, national security and the legal succession of the state;
2. addresses the people with messages and the Verkhovna Rada of Ukraine with annual and special messages on the domestic and foreign situation of Ukraine;
3. represents the state in international relations, administers the foreign political activity of the State, conducts negotiations and concludes international treaties of Ukraine;
4. adopts decisions on the recognition of foreign states;
5. appoints and dismisses heads of diplomatic missions of Ukraine to other states and to international organisations; accepts credentials and letters of recall of diplomatic representatives of foreign states;
6. designates an All-Ukrainian referendum regarding amendments to the Constitution of Ukraine in accordance with Article 156 of this Constitution, proclaims an All-Ukrainian referendum on popular initiative;
7. designates special elections to the Verkhovna Rada of Ukraine within the terms established by this Constitution;
8. terminates the authority of the Verkhovna Rada of Ukraine in cases specified by this Constitution;
9. puts forward, upon the proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine as provided for by Article 83 of the Constitution of Ukraine, the submission on the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of Ukraine, no later than fifteen days after the receipt of such a proposal;
10. puts forward to the Verkhovna Rada of Ukraine the submission on the appointment of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;
11. appoints to office and dismisses the Prosecutor General upon the consent of the Verkhovna Rada of Ukraine;
12. appoints and dismisses one-half of the composition of the Council of the National Bank of Ukraine;
13. appoints and dismisses one-half of the composition of the National Council of Ukraine on Television and Radio Broadcasting;
14. puts forward to the Verkhovna Rada of Ukraine the submission on the appointment to office and dismissal from office of the Head of the Security Service of Ukraine;
15. suspends the operation of acts by the Cabinet of Ministers of Ukraine on grounds of their inconsistency with this Constitution and challenges concurrently the constitutionality of such acts before the Constitutional Court of Ukraine;
16. revokes acts of the Council of Ministers of the Autonomous Republic of Crimea;
17. is the Commander-in-Chief of the Armed Forces of Ukraine; appoints to office and dismisses from office the high command of the Armed Forces of Ukraine and other military formations; administers in the spheres of national security and defence of the State;
18. heads the Council of National Security and Defence of Ukraine;
19. puts forward to the Verkhovna Rada of Ukraine the submission on the declaration of a state of war, and, in case of armed aggression against Ukraine, adopts a decision on the use of the Armed Forces of Ukraine and other military formations established in accordance with laws of Ukraine;
20. adopts a decision in accordance with the law on the general or partial mobilisation and the introduction of martial law in Ukraine or in its particular areas, in the event of a threat of aggression, danger to the state independence of Ukraine;
21. adopts a decision, in the event of necessity, on the introduction of a state of emergency in Ukraine or in its particular areas, and also in the event of necessity, declares certain areas of Ukraine as zones of an ecological emergency situation — with subsequent confirmation of these decisions by the Verkhovna Rada of Ukraine;
22. appoints to office one-third of the composition to the Constitutional Court of Ukraine;
23. establishes courts by the procedure determined by law;
24. confers high military ranks, high diplomatic and other high special ranks and class orders;
25. confers state awards; establishes presidential distinctions and confers them;
26. adopts decisions on the acceptance for citizenship of Ukraine and the termination of citizenship of Ukraine, and on the granting of asylum in Ukraine;
27. grants pardons;
28. creates, within the limits of the funds envisaged in the State Budget of Ukraine, consultative, advisory and other subsidiary bodies and services for the exercise of his or her authority;
29. signs laws adopted by the Verkhovna Rada of Ukraine;
30. has the right to veto laws adopted by the Verkhovna Rada of Ukraine (except for laws on amendments to the Constitution of Ukraine) with their subsequent return for repeat consideration by the Verkhovna Rada of Ukraine;
31. exercises other powers determined by the Constitution of Ukraine.

The President of Ukraine shall not transfer his or her powers to other persons or bodies.

The President of Ukraine, on the basis and for the execution of the Constitution and the laws of Ukraine, issues decrees and directives that are mandatory for execution on the territory of Ukraine.

Acts of the President of Ukraine, issued within the limits of authority as envisaged in subparagraphs 5, 18, 21 of this Article, are countersigned by the Prime Minister of Ukraine and the Minister responsible for the act and its execution.

Article 107

The Council of National Security and Defence of Ukraine is the co-ordinating body to the President of Ukraine on issues of national security and defence.

The Council of National Security and Defence of Ukraine co-ordinates and controls the activity of bodies of executive power in the sphere of national security and defence.

The President of Ukraine is the Chairman of the Council of National Security and Defence of Ukraine.

The President of Ukraine forms the personal composition of the Council of National Security and Defence of Ukraine.

The Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Head of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine and the Minister of Foreign Affairs of Ukraine, are ex officio members of the Council of Nation al Security and Defence of Ukraine.

The Chairman of the Verkhovna Rada of Ukraine may take part in the meetings of the Council of National Security and Defence of Ukraine.

Decisions of the Council of National Security and Defence of Ukraine are put into effect by decrees of the President of Ukraine.

The competence and functions of the Council of National Security and Defence of Ukraine are determined by law.

Article 108

The President of Ukraine exercises his or her powers until the assumption of office by the newly-elected President of Ukraine.

The powers of the President of Ukraine terminate prior to the expiration of term in cases of:

1. resignation;
2. inability to exercise his or her powers for reasons of health;
3. removal from office by the procedure of impeachment;
4. death.

Article 109

The resignation of the President of Ukraine enters into force from the moment he or she personally announces the statement of resignation at a meeting of the Verkhovna Rada of Ukraine.

Article 110

The inability of the President of Ukraine to exercise his or her authority for reasons of health shall be determined at a meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted by the majority of its constitutional composition on the basis of a petition of the Supreme Court – on the appeal of the Verkhovna Rada of Ukraine, and a medical opinion.

Article 111

The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine by the procedure of impeachment, in the event that he or she commits state treason or other crime.

The issue of the removal of the President of Ukraine from office by the procedure of impeachment is initiated by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

To conduct the investigation, the Verkhovna Rada of Ukraine establishes a special temporary investigatory commission whose composition includes a special procurator and special investigators.

The conclusions and proposals of the temporary investigatory commission are considered at a meeting of the Verkhovna Rada of Ukraine.

For cause, the Verkhovna Rada of Ukraine, by no less than two-thirds of its constitutional composition, adopts a decision on the accusation of the President of Ukraine.

The decision on the removal of the President of Ukraine from office by the procedure of impeachment is adopted by the Verkhovna Rada of Ukraine by no less than three-quarters of its constitutional composition, after the review of the case by the Constitutional Court of Ukraine and the receipt of its opinion on the observance of the constitutional procedure of investigation and consideration of the case of impeachment, and the receipt of the opinion of the Supreme Court that the acts, of which the President of Ukraine is accused, contain elements of state treason or other crime.

Article 112

In the event of the pre-term termination of authority of the President of Ukraine in accordance with Articles 108, 109, 110 and 111 of this Constitution, the execution of duties of the President of Ukraine, for the period pending the elections and the assumption of office of the new President of Ukraine, is vested in the Chairman of the Verkhovna Rada of Ukraine. The Chairman of the Verkhovna Rada of Ukraine, for the period of executing the duties of the President of Ukraine, shall not exercise the powers envisaged by subparagraphs 2, 6, 8, 10-13, 22, 24, 25, 27 and 28 of Article 106 of the Constitution of Ukraine.