Jonah Patel
Ukraine has had a written constitution since 28 June 1996, when it was adopted and ratified during an overnight parliamentary session. The constitution is the fundamental law of Ukraine, guaranteeing citizens' rights and freedoms, including freedom of association in political parties and public organisations, and ensuring equality before the law. It establishes the expression of the will of the people through elections, referendums, and other forms of direct democracy. The constitution has undergone several amendments, notably in 2004, 2010, and 2019, to reflect evolving political objectives and crises.
| Characteristics | Values |
|---|---|
| Date of adoption | 28 June 1996 |
| Date of ratification | 28 June 1996 |
| Date of entry into force | 28 June 1996 |
| Country | Ukraine |
| Type of government | Parliamentary republic |
| Type of document | Written constitution |
| Number of chapters | 15 |
| Amendments | Requires consent of at least two-thirds of the constitutional composition (450 Ukrainian lawmakers) of the Verkhovna Rada of Ukraine |
| Rights guaranteed | Freedom of association, equality, human rights and freedoms, free development of personality, right to vote, free expression of will |
| Restrictions | On political parties and public associations that threaten the independence, sovereignty, or security of Ukraine, or that promote violence, incitement of enmity, or encroachment on human rights |
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What You'll Learn
Ukraine's constitution was adopted in 1996
Ukraine's constitution was adopted on 28 June 1996, during an overnight parliamentary session after almost 24 hours of debate. It was passed with 315 ayes out of 450 votes (300 ayes minimum) and took force at the moment the results were announced at around 9 a.m. Kyiv time. The constitution was ratified and came into force at the 5th session of the Verkhovna Rada, Ukraine's parliament.
The constitution is the fundamental law of Ukraine, and all other laws and legal acts must conform to it. It is divided into 15 chapters, including Elections, Referendums, and the Cabinet of Ministers of Ukraine. The constitution guarantees citizens' rights and freedoms, including freedom of association in political parties and public organisations, and the right to take part in trade unions. It also establishes that everyone is equal before the law and that human rights and freedoms are inalienable and inviolable.
Amendments to the constitution can only be made with the consent of at least two-thirds of the constitutional composition (450 Ukrainian lawmakers) of the Verkhovna Rada. The 2004 amendments significantly changed Ukraine's political system, shifting power away from the President, who lost the right to nominate the Prime Minister, and towards Parliament. Further amendments were made in 2010, and in 2014 following the events of Euromaidan. In 2019, the constitution was amended to require governments to seek European Union and NATO membership.
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The constitution is the country's fundamental law
Ukraine has a written constitution, which is the country's fundamental law. The Constitution of Ukraine was adopted and ratified at the 5th session of the Verkhovna Rada, the parliament of Ukraine, on 28 June 1996. It was passed with 315 ayes out of 450 votes (300 ayes minimum). The constitution took force at the moment when the results of the parliamentary vote were announced on the same day at around 9 a.m. Kyiv Time.
The Constitution of Ukraine outlines the rights and freedoms of citizens, including freedom of association in political parties and public organisations, and the right to take part in trade unions. It also establishes the procedures for elections, referendums, and other forms of direct democracy. The document is divided into 15 chapters, covering topics such as human and citizens' rights, elections, the cabinet of ministers, and other bodies of executive power.
The Constitution of Ukraine is the supreme law of the land, and all other laws and normative legal acts must conform to it. The right to amend the constitution is vested exclusively in the parliament through a special legislative procedure. The Constitutional Court of Ukraine is the only body that can interpret the constitution and determine whether legislation conforms to it.
The Constitution of Ukraine has undergone several amendments since its adoption in 1996. In 2004, significant changes were made to Ukraine's political system, weakening the power of the President and transferring some powers to the parliament. These changes were reverted in 2010 by then-President Viktor Yanukovych but were reinstated in 2014 following the events of Euromaidan. In 2019, further amendments were made to state Ukraine's strategic objectives as joining the European Union and NATO.
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Citizens' rights and freedoms
Ukraine has had a written constitution since 28 June 1996, when it was adopted and ratified by the Verkhovna Rada, the parliament of Ukraine. The constitution is the fundamental law of Ukraine, and all other laws and normative legal acts must conform to it. The constitution is divided into 15 chapters, one of which is dedicated to "Human and Citizens' Rights, Freedoms and Duties".
The Constitution of Ukraine guarantees that all people are free and equal in their dignity and rights. It ensures that human rights and freedoms are inalienable and inviolable. Citizens have equal constitutional rights and freedoms and are equal before the law. The constitution also guarantees the right to free development of one's personality, as long as it does not violate the rights and freedoms of others.
Citizens of Ukraine have the right to freedom of association in political parties and public organisations to exercise and protect their rights and freedoms and to satisfy their political, economic, social, cultural, and other interests. However, there are restrictions established by law in the interests of national security, public order, and the protection of public health and the rights of others. Citizens also have the right to take part in trade unions to protect their labour and socio-economic rights and interests. All trade unions are guaranteed equal rights, and no one can be forced to join any association or be restricted in their rights based on membership.
The constitution guarantees the right to property and land, which can be acquired and realised by citizens, legal persons, and the state according to the law. It also ensures freedom of political activity, as long as it is not prohibited by the constitution and laws of Ukraine. The state is responsible for ensuring ecological safety, maintaining ecological balance, and addressing the consequences of the Chornobyl catastrophe.
The constitution protects citizens' rights and freedoms by prohibiting the use of the Armed Forces or other military formations to restrict these rights or overthrow the constitutional order. It also ensures social protection for citizens serving in the military and their families. The creation of any armed formations not envisaged by law is prohibited on Ukrainian territory, and foreign military bases are not permitted.
The constitution guarantees the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the country. It also ensures the free development, use, and protection of Russian and other languages of national minorities within Ukraine.
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Elections and referendums
Ukraine's constitution, adopted in 1996, outlines the country's commitment to democratic principles and processes. It establishes the framework for elections and referendums, which are essential mechanisms for upholding the will of the people.
The constitution guarantees the right of citizens to participate in elections and referendums, which are conducted freely and based on universal, equal, and direct suffrage, with secret ballots. This right is extended to citizens who are at least 18 years old on the day of the election or referendum and are not deemed incompetent by a court.
The constitution also establishes the conditions for eligibility to stand for election. For instance, it stipulates that a citizen with a criminal record for committing an intentional crime shall not be elected to the Verkhovna Rada of Ukraine unless their record is cancelled and erased through legal procedures.
The Verkhovna Rada, Ukraine's parliament, is composed of 450 National Deputies elected for a four-year term. These deputies are responsible for representing the will of the people and enacting legislation that aligns with the constitution. Amendments to the constitution can only be made with the consent of at least two-thirds of the Verkhovna Rada, underscoring the importance of consensus in Ukraine's democratic processes.
Referendums are another tool for direct democracy in Ukraine. The constitution empowers citizens to participate in All-Ukrainian and local referendums, allowing them to have a direct say on important issues. However, it is important to note that referendums are not permitted regarding draft laws on taxes, the budget, or amnesty. The constitution also grants the president the authority to call for an All-Ukrainian referendum on popular initiative.
Ukraine's constitutional order has faced challenges during periods of political crisis and war. During the 2004 presidential election crisis, amendments were made to the constitution to resolve the issue, including changes to the powers of the president and parliament. In more recent times, the ongoing conflict with Russia has raised questions about the feasibility of holding elections during wartime. Ukraine's constitutional framework aims to ensure governance continuity, even in the face of these challenges, by providing for the extension of parliamentary powers until the next session after the termination of martial law.
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Amendments to the constitution
Ukraine's current constitution was adopted and ratified on 28 June 1996, and it is the country's fundamental law. The right to amend the constitution is vested exclusively in the parliament, and amendments require the consent of no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine (450 lawmakers).
Amendments to Chapter I ("General Principles"), Chapter III ("Elections. Referendum"), and Chapter XIII ("Introducing Amendments to the Constitution of Ukraine") can only be made with the approval of the parliament and an All-Ukrainian referendum designated by the President of Ukraine.
In 2004, amendments were adopted that significantly changed Ukraine's political system, weakening the power of the President. These changes included the transfer of the power to nominate the Prime Minister of Ukraine to the parliament, leaving the President with the sole power to appoint the Minister of Defence and Foreign Minister. The President also lost the right to dismiss members of the Cabinet but gained the right to dissolve Parliament.
In 2010, then-President Viktor Yanukovych reverted these changes based on a ruling by the Constitutional Court of Ukraine. Following the events of Euromaidan (2013-2014), the 2004 amendments were reinstated. In February 2019, the constitution was amended to require governments to seek European Union and NATO membership.
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Frequently asked questions
Yes, Ukraine has a written constitution.
The Constitution of Ukraine was written and adopted in 1996.
The Constitution of Ukraine is the fundamental law of the country.
The right to amend the constitution is vested exclusively in the parliament through a special legislative procedure.
The capital of Ukraine is the City of Kyiv.
