Ukraine: Government

Principal Government Officials

Chief of State: President Viktor Yanukovych 
Head of Government: Prime Minister Mykola Azarov

Ukraine has a presidential-parliamentary system of government with separate executive, judicial, and legislative branches. The prime minister is appointed by the president with the consent of more than one-half of the parliament. The prime minister, first deputy prime minster, three deputy prime ministers, and cabinet ministers are appointed by the president based on a submission by the prime minister. The Supreme Council (Verkhovna Rada) initiates legislation, ratifies international agreements, and approves the budget. Its members are elected to 5-year terms, with the next Rada election occurring in October 2012.

Following free elections held on December 1, 1991, Leonid M. Kravchuk, former chairman of the Ukrainian Rada, was elected to a 5-year term as 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, mandating a pluralistic political system with protection of basic human rights and liberties.

Amendments to the 1996 constitution were adopted during the 2004 "Orange Revolution" and took effect in January 2006, shifting significant powers from the president to the prime minister and Supreme Rada. On October 1, 2010, the Constitutional Court in a closed-door ruling announced that the 2004 amendments were unconstitutional because procedures used to adopt them violated the constitution. The court reinstated the 1996 constitution, which granted greater powers to the presidency, returning the government to a presidential-parliamentary system.

The constitution and laws provide for freedom of speech and of the press, and individuals have been able criticize the government publicly and privately. Following changes in government leadership after 2010 presidential elections, there have been reports that central authorities have attempted to direct media content. While independent and international media have been active and have expressed a wide variety of opinions, government pressure on both independent and state-owned media has caused some journalists and media owners to practice self-censorship on matters that the government has deemed sensitive. There have also been reports of intimidation and violence against journalists by national and local officials. Although private media outlets operate on a commercial basis and have generally operated free of direct state control or interference, private newspapers often depend on their owners (political patrons or oligarchs with government connections) for revenue and have not enjoyed editorial independence.

Freedom of religion is guaranteed by law, although religious organizations are required to register with local authorities and with the central government. There is no formal state religion. 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.

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 Russian Soviet Federated Socialist Republic (RSFSR) 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.

Recent Elections
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 Organization for Security and Cooperation in Europe (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 Central Election Commission (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 December 26 re-vote took place in an atmosphere of calm. While irregularities were noted, observers found no systemic or massive fraud. 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. Pre-term parliamentary elections were held on September 30, 2007, and international observers judged this vote to be in line with international democratic standards in an open and competitive environment. The new coalition formed on December 18, 2007 nominated Yulia Tymoshenko as Prime Minister; she was confirmed December 18, 2007. Beginning in 2008, the Rada experienced chronic deadlock, which was exacerbated by a feud between then-Prime Minister Yulia Tymoshenko and then-President Viktor Yushchenko.

The first round of Ukraine’s 2010 presidential election took place on January 17. International and domestic observers assessed the vote as having met most international standards. As no candidate received 50% or more of the vote, the two candidates with the most votes--opposition leader Viktor Yanukovych (35%) and Prime Minister Yulia Tymoshenko (25%)--progressed to a second-round runoff. The second round took place on February 7 in a vote that observers again assessed as largely free and fair. On February 14, the Central Election Commission announced that Viktor Yanukovych had won the election with 49% of the vote, compared to Yulia Tymoshenko’s 46%. Alleging fraud, Tymoshenko initially appealed, but then withdrew her appeal on February 20 saying that the court would not consider her appeal fairly. Yanukovych was inaugurated as President on February 25, and on March 11, the Party of Regions, the Communists, the Lytvyn Bloc, and 16 non-aligned members of parliament (MPs) established the “Stability and Reform” ruling coalition in the Rada composed of 235 MPs. Also on March 11, the Rada confirmed President Yanukovych’s nomination of Mykola Azarov as Prime Minister and replaced the entire cabinet of ministers. Opposition MPs and others argued the coalition had been formed illegally, as a coalition could only be composed of factions, not individuals. The Constitutional Court of Ukraine ruled on April 8 that the Party of Regions-led coalition was constitutional, stating that individuals MPs do in fact have the right to take part in forming parliamentary coalitions. The ruling consolidated the position of the Azarov government.

Ukraine held local elections on October 31, 2010. International and local election observers concluded that overall the elections did not meet standards for openness and fairness set by the presidential elections earlier in the year. Observers noted shortcomings such as insufficient training for electoral commission members, which contributed to procedural violations and organizational problems. In particular, the registration of fraudulent Batkivshchyna Party candidate lists led to the disqualification of all Batkivshchyna Party candidates in the Kyiv and Lviv oblast council elections, preventing the main opposition party from running for election in regions where it had considerable support. Election observers also reported incidences of law enforcement authorities pressuring monitors and candidates, and election officials selectively barring or removing candidates from ballots.

There was a sharp increase in criminal charges brought against opposition politicians after the appointment of a new prosecutor general in November 2010, giving rise to concerns of selective and politically-motivated prosecution by the Yanukovych administration. At the end of 2010 and beginning of 2011, prosecutors brought charges against former Prime Minister Yulia Tymoshenko and many members of her government for abuse of office and/or misuse of state funds during their tenure. The questioning of charged individuals by government prosecutors, which often lasted for hours at a time over a period of several days, and denial of bail in certain cases, further exacerbated the perception of selective prosecution. However, the government contended that the prosecutions were not targeted toward the opposition, and that there were many ongoing investigations against members of the governing party.

FOREIGN RELATIONS
The government has stated that it intends to pursue European integration, while also improving relations with Russia and strengthening its strategic partnership with the United States. Ukraine’s relations with the EU have been guided by the Partnership and Cooperation Agreement (PCA) since 1998. In March 2009, the European Council endorsed the Eastern Partnership (EaP) initiative to help the EU’s Eastern neighbors (Ukraine, Belarus, Moldova, Georgia, Azerbaijan, and Armenia) undertake political and economic reforms and to bring them closer to the EU. The EaP was launched in May 2009. At the November 2010 EU-Ukraine Summit President Yanukovych reiterated his desire to conclude an association agreement with the EU, but the negotiations that began in 2008 are still ongoing. Also at the summit, Ukraine and the EU signed an action plan on visa liberalization.

On January 31, 1992, Ukraine joined the then-Conference on Security and Cooperation in Europe (now the Organization for Security and Cooperation in Europe--OSCE). Ukraine will assume the OSCE Chairmanship in 2013.

Since the election of President Yanukovych, Ukraine has pursued improved relations with Russia. Ukraine’s relations with Russia have focused on energy security, natural gas prices, economic cooperation, border demarcation and delimitation, and issues related to the stationing of the Russian Black Sea Fleet in Sevastopol. In January 2009 Gazprom, the Russian natural gas producer, cut supplies to Ukraine. The cutoff developed into a crisis as both the gas supplies intended for consumption in Ukraine and those in transit to the rest of Europe were cut off for nearly a month. Ukraine was able to meet most of its domestic demand with reserves, but consumers in other European countries were left without gas for nearly 3 weeks. A hastily-negotiated agreement was signed with Russia on January 19, 2009, which called for market pricing for gas and transit and the elimination of intermediaries. After Yanukovych’s public statements calling for a “just price” for Russian gas imports, the Azarov government signed a sweeping 10-year agreement with Russia on April 21, 2010 to exchange a 25-year extension of the Russian Black Sea Fleet’s basing lease in Sevastopol for a discounted price on Russian gas imports. Since then, Ukraine has continued to negotiate with Russia for less expensive gas imports and lobbied for an end to Russia’s planned South Stream gas pipeline.

Ukraine maintains peaceful and constructive relations with all its neighbors, though there are some unresolved maritime issues along the Danube with Romania. Ukraine co-founded the Commonwealth of Independent States (CIS) on December 8, 1991, but in January 1993 it refused to endorse a draft charter strengthening political, economic, and defense ties among CIS members. Ukraine was a founding member of GUAM (Georgia-Ukraine-Azerbaijan-Moldova), and in February 2009, the office of the Organization for Democracy and Economic Development GUAM was opened in Kyiv. Soviet Ukraine joined the United Nations in 1945 as one of the original members following a Western compromise with the Soviet Union, which had asked for seats for all 15 of its union republics. In 2000-2001, Ukraine served as a non-permanent member of the UN Security Council. Ukraine has consistently supported peaceful, negotiated settlements to disputes. It has participated in the five-sided (now "5+2") talks on the conflict in Moldova. Ukraine has also advocated a return to democracy in neighboring Belarus and criticized the December 2010 post-election crackdown in Belarus. Ukraine has made a substantial contribution to UN peacekeeping operations since 1992.
 

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