About Ukraine

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Official language: Ukrainian Capital: Kyiv Independence: August, 24, 1991 Location: Central-Eastern Europe, part of the East-European plain, between 44''20' and 52''20' N and 22''5' and 41''15'E. Area: 603 700 km2 Climate: moderately continental, except for Southern Crimea, where the climate is subtropical, of the Mediterranean type. The Carpathian climate is also mild, with warm winter and rainy summer. Average winter temperature is from -8° to -12° C (from +17.6° F to +3° F). In the Southern regions average winter temperature is 0° C (+32° F). Average summer temperature is from +18° to +25° C (from +64.4° F to +77° F), although maximum temperature can be more than +35° C (+95° F). Best time to visit Ukraine: summer, late spring and early autumn. Population: 47 732 079 (25th in the world, population density – 80 p/km2) Currency: hryvnia (letter code UAH, digital code 980) Time zone: GMT+2 (UTC+2) Internet top-level domain: ua International phone code: 380

Country

Ukraine is the second largest country in Europe in terms of area (603,700 sq. km) and fifth in Europe in terms of population (46.2 million people). The country is known as “The Breadbasket of Europe” due to its unique treasure – fertile black earth. Ukraine is a country with a thousand- year history whose roots reach back to the time of Kyivan Rus (9th century).

What is this country like today? For foreign travelers, its name sometimes evokes contradictory associations. For those who have not been here before, these are formal stereotypes: “Chornobyl”, “the Klitschko brothers” and “the Orange Revolution”. For those who have seen the country from the inside, they are bright impressions, like “I am surprised how modern and nice this country is,” or “My main impression of Ukraine is its people, who are open, sincere, hospitable and beautiful.”

Here, there are many unusual things for foreigners, and this is mostly the case because Ukraine’s modern times are times of drastic growth. Here, cities grow swiftly, business life is in full swing, and new talents and ambitious plans are being born. To visit Ukraine today is to feel the pulse of dynamic life in that part of the European continent which only 15 years ago was terra incognita for most foreigners.

Rapid development always entails bright contrasts: wealth and poverty, the newest technologies and outdated manufacturing facilities from Soviet times, as well as modern business centers and multi-apartment buildings in remote residential districts in the cities. The development of democracy is also drastic: This is both “the Orange Revolution” and dynamic internal politics. However, present-day Ukraine is changeless in one thing: It is bringing modern European and general world standards very swiftly into its life; it is integrating into European and Euro-Atlantic security and cooperation structures and bringing to light for the world community the truth about the tragic pages of its history, in particular, the Holodomor genocide of 1932–1933. Having visited Ukraine, you will see all this both in politics and business, as well as in relations between people. We are confident that becoming acquainted with Ukraine will turn into a bright impression for you, which you will never be able to forget!

Constitution

The Verkhovna Rada (Ukrainian parliament) adopted the Constitution of Ukraine in force June 28, 1996

According to this country’s Basic Law, Ukraine is a sovereign, independent, democratic, and social state with a rule of law. Although such features as ‘sovereign’ and ‘independent’ are, in fact, closely similar, in this case the European constitutional tradition and principal thesis of fighters for Ukrainian statehood are concurrent. By the ‘democratic’ feature the principle of the government by the people is emphasized being defined concretely by Article 5 stating that “the people are the bearers of sovereignty and the only source of power in Ukraine” exercising it “directly and through bodies of state power and bodies of local self-government.’ By the attribute ‘social the responsibility of the State to provide for the social protection of the population is stipulated, while the ‘rule of law’ implies that in Ukraine legality is to reign as the general measure of freedom, equality and justice.

Principle is the definition of the form of government by Article 6: “State power in Ukraine is exercised on the principles of its division into legislative, executive and judicial power.” The Constitution defines by Article 75 the Verkhovna Rada as the sole organ of legislative power in Ukraine, with the highest executive body being the Cabinet of Ministers of Ukraine (Article 113). The Constitutional Court of Ukraine and courts of general jurisdiction exercise judicial proceedings in Ukraine (Articles 124 and 125). Article 102 defines the status of the President of Ukraine: “The President of Ukraine is the Head of State and acts in its name.”

The Constitution of Ukraine currently in force was assessed on the whole positively by the most authoritative in the sphere of constitutional legislation “Democracy through the Law” Commission of the Council of Europe”, more known as “the Venetian Commission”.

The Ukrainian Road to the Constitution

In the princely Ukraine-Rus the initial written judicial laws wet reformed on the basis of common law. The first recorded reference of the code of law Statut i Zakon Ruskyi (“Charter and the Laws of Rus”) contains in the treaties with Byzantium of 911 and 944 A.D. In the 11th century, the Codes of Laws of the 9th and 10th centuries became part of Yaroslav the Wise Rus’ka Pravda (“Russian Justice”). To judge by this document the Kievan Rus had indeed contained certain democratic elements. The internal social relations had been carried out predominantly on the basis of law under which considerable role was played by representative structures, in particular Viche that functioned as assembly of a town or principality residents. At the meetings of this sort princes were elected sometimes and treaties worked out that stated the rights and obligations of the sides.

In the 18th century, Pylyp Orlyk elected Hetman after the death of Ivan Mazepa wrote in a bright page in the history of the world constitutional endeavor. His treatise Pacty i Konstytutsii Zakoniv ta Volnostei Viyska Zaporizkoho (Pacts and Constitutions of Laws and Rights of the Zaporizia Army, 1710) is believed to be the first constitution of the Ukrainian state. Based on the idea of the natural law and the contractual origin of state, in accord with it, the people of Ukraine made a treaty with a Hetman transferring him a share of their freedoms for the sake of securing internal consent and external safety of the state. The document formulated principles of division of representative and executive powers and impartiality of judiciary subordinate only to the law. In general terms, Pylyp Orlyk’s constitution had been concordant with the then tendencies of development of European political thought (in particular, in asserting separation of church from secular arm), and in some aspects even outstripped European political theory and practice (e.g., preferring constitutionalism over the idea of state absolutism and consent enforcement reigning at that time on the Continent).

Late on, the motifs of justice, freedom, equality, and goodwill were sound in the documents of the Brotherhood of Saint Cyril and Methodius (1845 to 1847). It was Mykhailo Drahomanov and Mykhailo Hrushevsky who made the subsequent steps in creating political and legal conception of the balanced society.

These theoretical possessions of the Ukrainian liberation thought had played considerable role in the political processes that occurred in Ukraine after the February revolution and October Bolshevyk coup that wiped the Russian Empire from the face of political map in 1917.

On November 20, 1917, the Central Rada of Ukraine, the first elected parliamentary organ in the country’s history, adopted the Third Universal (Declaration and program address). It became the first constitutional act of the new Ukrainian state that guaranteed its people personal immunity, freedom of speech, press, assembly and faith. Already on January 22, 1918, the Central Rada adopted the Fourth Universal that proclaimed sovereignty and independence of Ukrainian People’s Republic (UPR), however the Draft of the UPR’s Constitution never materialized on account of the coup in April 1918 that cancelled the innovations of the Central Rada.

Almost simultaneously with the processes of revival of the Ukrainian state on the territory that was part of the Russian Empire, in the other part of Ukraine that was under the Austria-Hungary rule the Ukrainian National Rada was formed that declared sovereignty of the West Ukrainian People’s Republic (WUPR) and adopted its Provisional Basic Law. Under this constitutional act power belonged to the people that could elect parliament through equal, secret, direct and proportional voting. However, in eight months because of Ukrainian-Polish the WUPR ceased to exist.

During the military struggle of Bolshevyks for the reestablishment of Soviet regime in Ukraine the First Constitution of the Ukrainian SSR was adopted at the Third all-Ukrainian Congress of Soviets with certain changes introduced after formation of the USSR in 1922. Later on, in accord with new Constitutions of the USSR in 1936 and 1977, the Constitutions of the Ukrainian SSR of 1937 and 1978 were correspondingly adopted.

The proclaimed by the Soviet constitutions principles of formation and functioning of structures of power were predominantly of formal character. Elections at all levels happened as semi- compulsory voting for candidate without alternative appointed by the nomenclature Party organs. Deputies thus elected had, in fact, a single duty, that is, to formally and in accord with tradition unanimously approve decisions taken by the Communist Party organs. At the same time the Soviet constitutions granted the citizens extensive social rights for employment, education, health protection and pensions that were not only declared but effected actually. As to the political right – freedom of speech, press, assembly, movement, faith and secrecy of correspondence, these were only declarative without being actually observed. Social and political activity existed under the exclusive leadership of the Communist Party and strict total control by the security organs (i.e., KGB). The Ukrainian Soviet constitutions operated for over seventy years.

The latest constitutional process in Ukraine has started with the adoption of The Declaration of the State Sovereignty of Ukraine voted by the Verkhovna Rada of Ukraine in 1990 during the dying days of perestroika in the USSR.

Soon afterwards, outstanding historical events occurred: the Declaration of Independence of Ukraine of August 24, 1991, and nation-wide referendum of December 1, 1991, that verified the Act of Ukrainian Independence. During 1991 to 1996, then commissions formed separately by the Verkhovna Rada and President put several drafts of the Constitution forward to be long- lastingly discussed, amended and elaborated.

Thanks to the consensus reached among all the political forces of the country, and resulting by the Verkhovna Rada’s tense activity, on June 28, 1996, the Constitution of Ukraine currently in force and the Law to carry it into effect were adopted.

Political system

The President

Institute of Presidency in Ukraine

In Ukraine, the institute of presidency at the head of state is comparatively new phenomenon in political life and state building of Ukraine.

The birth of a democratic society in the country began as far back as during the Cossacks; however, the tremendous development of democracy and, at the same time, formation of the institute of presidency occurred at the background of the struggle for liberation during the second decade of the 20th century. Four Universals (decrees) were issued during the Central Rada that had to lay the basis the democratization of the Ukrainian society. On April 29, 1918, the Central Rada elected Mykhailo Hrushevsky the President of the Ukrainian People’s Republic and by its latest decree of January 22, 1919, declaring complete political independence of Ukraine from Russia.

Within the USSR, the functions of the head of state in the Ukrainian SSR until 1991 was performed by the Verkhovna Rada, seem as the supreme organ of the state power, its Presidium as continuing body of the Government, and its Chairman.

Making the institution of presidency of Ukraine was the key element in the reformation of state power connected with the proclamation of Ukrainian independence and change of its constitutional system. On July 5, 1991, the following laws of Ukraine were adopted: “On Founding the Post of President of the Ukrainian SSR and Introduction of Changes and Addenda to the Constitution (Fundamental Law) of the Ukrainian SSR”, “On President of the Ukrainian SSR”, and “On Elections of President of the Ukrainian SSR”.

The Institute of Presidency in its present form did not form at once. At first, the President in accord to his status and title was the highest official in the country, becoming next the Head of State and Executive Power, to act as the Head of State at present in accord with the Constitution in force.

The Status of President of Ukraine

The status of the Ukrainian President is defined in Chapter V of the Constitution of Ukraine, which stipulates the rights and responsibilities of the President as the Head of State, the election procedure, and provides for the possibility of his/her dismissal from office and termination of his/her authorities.

The status of the President, the Guarantor of the Constitution, defined in Article 102 of the Constitution, imposes on him/her the duty to prevent any actions of the legislative, executive and judicial branches of power that directly or indirectly infringe the supreme Law of Ukraine. To carry out this duty the President is vested with the corresponding authorities. He has authority to suspend decisions of governmental institutions and veto laws passed by the Verkhovna Rada.

The President is the Guarantor of state sovereignty and territorial indivisibility of Ukraine. His authorities in this sphere are defined in Article 102 of the Constitution of Ukraine, impose on him the duty to make decisions, and act in order to defend and consolidate the state sovereignty, to observe the integrity and indivisibility of Ukraine's territory within the limits of the existing borders.

As the Guarantor of citizens' rights and freedoms, the President has the authority to revoke acts of governmental structures and branches of government in order to protect citizens' rights and freedoms.

The President's authorities regarding the country's internal policy are that on the basis of the Constitution of Ukraine and the laws of Ukraine the President of Ukraine issues decrees and orders, which are binding on the territory of Ukraine. Co-operating with all branches of power, the President appoints and dismisses members of the Government and heads of the executive power institutions, can participate in the Government's meetings and have his/her representatives at the Constitutional Court of Ukraine and the Verkhovna Rada.

In the sphere of foreign policy the President as the Head of State acts on its behalf, represents Ukraine in international relations, negotiates and concludes international treaties, as well as directs all foreign-policy activity of the state.

The President is the Commander-in-Chief of the Armed Forces of Ukraine. In the event of an armed aggression against Ukraine, the President makes decisions on the use of the Armed Forces of Ukraine in order to defend the state against the aggressor. The President heads the Council of National Security and Defense of Ukraine.

The President exercises his constitutional authority through the chain of power that includes the Administration of the President, Consultative Council, Council of National Security and Defense of Ukraine, and local state administrations.

The Procedure of Electing President of Ukraine

Article 103 of the Constitution of Ukraine defines the procedure of electing the President of Ukraine. Citizens of Ukraine elect the President of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot. A citizen of Ukraine who is over thirty-five, has the right to vote, resides in Ukraine for the past ten years prior to the day of elections, and has a good command of official state language of the country may be elected the President of Ukraine. The same person cannot serve as President of Ukraine for more than two consecutive terms.

Along with the demands imposed on a candidate for the presidency limitations also exist concerning the President as a person. Thus, the President of Ukraine should not have any other representative mandate, hold office in the bodies of state power or associations of citizens, as well as perform any other paid or entrepreneurial activity, or be member of an administration or supervisory board of an enterprise intended to make profit.

Regular elections of the President of Ukraine are held on the last Sunday in October of the fifth year term of the President’s office.

For the first time elections of the President of Ukraine occurred December 1, 1991. Then, through the direct elections, Leonid Kravchuk was elected president. It was in 1994 that Leonid Kuchma was elected President of Ukraine, being re-elected in 1999. On December 26, 2004 Viktor Yushchenko was elected President of Ukraine. On February 7, 2010 Viktor Yanukovych was elected President of Ukraine.

Legislature

In accord with the Constitution of Ukraine, the Verkhovna Rada, the Parliament, is the sole legislative organ of the country.

The name ‘Verkhovna Rada’ (lit. the Supreme Council) was initially used in the text of the Soviet Constitution of 1937, however the existence of representative structures of power is an old political tradition in Ukraine regularly recommenced during the centuries. It was viche, a general assembly of people of a town or principality in the Kyivan Rus, Cossacks’ councils in the Sich of Zaporizhia that later existed as village and province moots, as well as Central Rada of the Ukrainian People’s Republic during 1917 to 1918.

The Verkhovna Rada of independent Ukraine has started out on July 16, 1990. It is on this day the Supreme Council of the Ukrainian SSR of the 12th convocation had voted in favor of the Declaration of the Ukrainian state sovereignty. In accord with the document, Article 6 of the Ukrainian Soviet Socialist Republic had been abrogated and separation of powers into legislative, executive and judiciary branches as the foundation of the machinery of government declared.

From the time of unanimous backing by the Verkhovna Rada of the Act of Declaration of the Ukrainian Independence on August 24, 1991, the rebirth of the Parliament in new conditions began. In February of 2000 it adopted the decision to alter the numeration of convocation making the 12th convocation of the Parliament it operated on the permanent basis from 1990 until 1994 be named the First Convocation of the Verkhovna Rada of Ukraine.

Parliamentary elections to the Verkhovna Rada of Ukraine were held thrice in 1994, 1998 and 2002, with deputies of the 1st and 2nd convocations being elected under majority system, while those of the 3rd and 4th convocation under the mixed system.

The latest elections to the Verkhovna Rada of Ukraine took place March 31, 2002, with 225 chosen at single member constituencies based on relative majority, while the remaining 225 parliamentarians were voted for an office under the lists of deputies from political parties and election blocks at multi-member national constituency as proportional representation.

Structure of the Legislative Body

In Ukraine, unicameral Parliament has been established that overall is quite adequate to the constitutional government of the country as a unitary state.

Four hundred and fifty people’s deputies comprise the Verkhovna Rada, which is elected by secret ballot for four-year term through the general, equal and direct suffrage.

The Head of the Verkhovna Rada chosen by secret voting of the people’s deputies presides over the Parliament with two Deputies also elected by legislators’ balloting on his proposal. In their activity, the Head of the Verkhovna Rada and his Deputies are assisted by the appropriate Secretariats.

The principal special agencies of the Verkhovna Rada are the Committees performing law drafting. Such a Committee designated to be major elaborator of a certain bill or draft of an act of the legislative body generalizes and classifies the proposals, amendments and conclusions of other Committees preparing them for consideration by the Vekhovna Rada.

Within the scope of its power, the Vorkhovna Rada is authorized to form special interim commissions for preparation of the issues and preliminary their consideration.

The Verkhovna Rada may form interim investigating commissions to look into the matters of public interest subject to no less that one third of the constitutional composition of Body voting in its favor.

On behalf of the Verkhovna Rada the Accounting Chamber is formed to audit the State budget expenditures.

Deputies

People’s deputies discharge their duties on the permanent basis. They are not allowed to have other representation mandate or be in the government service.

The delegated power of the people’s deputies of Ukraine starts from the moment of taking the loyalty oath to Ukraine. The refusal to swear entails losing a deputy’s mandate.

People’s deputies are ensured parliamentary immunity.

Delegated Powers and Activities

The power to initiate legislation belongs to the President, people’s deputies, Cabinet of Ministers and National Bank of Ukraine.

The Verkhovna Rada comes into representative power subject to the two thirds of its constitutional composition having been elected, and operates in sessions, which regularly start on the first Tuesdays in February and September. The decisions of the Verkhovna Rada of Ukraine are adopted exclusively during its plenary meetings through personal voting by the people’s deputies.

The Parliament of Ukraine begins its activity with electing from its membership of the Head, the First Deputy and the Deputy of the Head of the Verkhovna Rada of Ukraine. It also approves the list of Committees that perform lawmaking.

The President of Ukraine signs the Laws adopted by the Verkhovna Rada and has the right to veto them.

The basic powers and tasks of the Verkhovna Rada are to introduce amendments to the Constitution of Ukraine, call an all-Ukrainian referendum on the set range of issues, enact legislation, adopt the State budget of Ukraine and its rectification; to determine the principles of domestic and foreign policies, appoint elections of the President of Ukraine, accept nomination of a Prime Minister by the President of Ukraine, declare the state of war and make peace, affirm the President’s of Ukraine decisions on the use of the Armed Forces of Ukraine and other military formations in case of aggression against the country, adopt the State programs of economic, scientific and technical, social and national-cultural development, preservation of the environment, etc.

On the motion of not less than one third of the parliament, the Verkhovna Rada may take to consideration the issue of the Cabinet of Ministers of Ukraine responsibility and adopt a non- confidence vote by its constitutional majority.

In fulsome detail, the activity of the Verkhovna Rada, is given in Chapter IV of the Constitution of Ukraine that regulates it, as well as on the official site of the Ukrainian parliament.

Judicial Branch of Power

According to the Constitution, Justice in Ukraine is administered solely by courts. The delegation of court functions, as well as their usurpation by other bodies and officials is not allowed. Courts have jurisdiction over all legal relations, which develop in the State.

The Constitution points out that the establishment of extraordinary and special courts is prohibited.

The general structure of the judicial system is stipulated in Article 124 of the Constitution of Ukraine, according to which the justice is administered by the Constitutional Court of Ukraine and by courts of general jurisdiction.

The courts of general jurisdiction administer justice in the form of civil, commercial, administrative and criminal legislation. The Constitutional Court of Ukraine is a special judicial body of constitutional control.

Justice is administered by professional judges and, in cases overseen by the law, by people’s assessors and juries. The independence of judges is guaranteed by their immunity and their election by the Supreme Rada permanently after their first appointment to the position of professional judge by the President of Ukraine for a five-year term.

Courts of General Jurisdiction

Article 125 of the Constitution of Ukraine stipulates the structure of the courts of general jurisdiction based on the principles of territoriality and specialization. While the principle of territoriality reflects the administrative territorial division of the country and is a traditional one, the principle of specialization is comparatively new in the court system of Ukraine. It foresees the creation in future of specialized courts in different spheres of justice (criminal, civil, administrative, financial and other) together with the corresponding superior courts.

According to the Law of Ukraine “On Court System”, adopted in February 2002, the specialized courts are commercial, administrative and other types of courts having the status of specialized. Today only commercial courts function as a separate type of courts. The Law envisions three years for creation of the system of administrative courts. It also stipulates, that until then all cases that lie within the jurisdiction of local administrative courts, are to be taken to the local courts of general jurisdiction, and the cases that lie within the jurisdiction of administrative courts of appeals and the Highest Administrative Court of Ukraine are to be heard in the corresponding general courts of appeal and the Cassation Court of Ukraine according to the judicial procedure stipulated by the corresponding laws. This is ensured by creation of specialized courts of administrative jurisdiction, including the corresponding panels of judges.

System of the courts of general jurisdiction of Ukraine -

According to the Law of Ukraine “On Court System”, which came into effect in July, 2002, the system of courts of general jurisdiction includes:

* local courts;

* courts of appeal, the Appellate Court of Ukraine;

* the Cassation Court of Ukraine;

* highest specialized courts;

* the Supreme Court of Ukraine.

The highest judicial body of general jurisdiction is the Supreme Court of Ukraine. The highest bodies of the system of specialized courts are the corresponding highest specialized courts.

Local courts -

Local courts of general jurisdiction hear criminal and civil cases as well as cases on administrative offences.

Local commercial courts hear cases connected with commercial relations as well as other cases attributed by the legislation currently in force to their jurisdiction.

Local administrative courts hear cases connected with the sphere of state administration and local self-government (cases of administrative jurisdiction) except for cases of administrative jurisdiction in the military sphere, which are taken to military courts.

Courts of appeal, the Appellate Court of Ukraine -

The courts of appeal are appellate courts in the Autonomous Republic of Crimea, regions, cities of Kiev and Sevastopol, military courts of appeals of regions and the Navy, Court of Appeals of Ukraine. In case of necessity regional courts of appeal can be substituted by general courts of appeal with territorial jurisdiction in several regions. On August, 20th, 2001, the President of Ukraine signed a Decree “On network and quantitative structure of judges at courts of appeal”, according to which the courts of appeals are created within the Supreme Court of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city courts.

The courts of appeal shall:

* examine appeals according to judicial procedures currently in force;

* examine in the first instance cases as stipulated by the legislation currently in force (except for commercial courts of appeal);

* account and analyze forensic statistics, research and summarize court practices;

* provide consultations to local courts regarding application of the legislation currently in force.

The Court of Appeals of Ukraine also has the authority to examine appeals within its jurisdiction according to the active judicial procedures.

The Cassation Court of Ukraine -

The Cassation Court of Ukraine shall:

* examine cassations within its jurisdiction as well as in other cases under the active legislation;

* account and analyze forensic statistics, research and summarize court practices;

* provide consultations to courts of lower level regarding application of the legislation currently in force.

The cases at the Cassation Court of Ukraine shall be heard by panels of no less than 3 judges.

The Cassation Court of Ukraine comprises the following structures:

* Judicial Chamber on civil cases;

* Judicial Chamber on criminal cases;

* Judicial Chamber on Military cases;

* Presidium (for dealing with organizational issues)

Highest specialized courts -

The highest bodies of the system of specialized courts are: * the High Commercial Court of Ukraine,

* the High Administrative Court of Ukraine,

* other high specialized courts created by the President of Ukraine.

According to the Article 39 of the Law of Ukraine “On Court System”, the highest specialized court of Ukraine shall:

* examine cassations within its jurisdiction as well as in other cases under the active legal procedures;

* account and analyze forensic statistics, research and summarize court practices;

* provide consultations to courts of a lower level to ensure unanimity in the interpretation of the Constitution of Ukraine and the application of the legislation currently in force based on the generalization and analysis of forensic statistics; consult specialized courts of lower level regarding hearing of cases within their jurisdiction.

The cases at the highest specialized court are heard collectively.

The highest specialized court can create chambers on different categories of cases within the given specialization and jurisdiction.

The highest specialized court has a presidium composed of the Chairman, his deputies, deputies of the Heads of the chambers as well as elected judges, to deal with organizational issues. It also has a Plenary, dealing with general issues of activity of the corresponding courts.

The Supreme Court of Ukraine -

According to the second part of Article 125 of the Constitution of Ukraine, the Supreme Court of Ukraine is the highest judicial body of general jurisdiction. It administers justice and ensures equal application of law by all general courts of Ukraine.

According to second part of Article 47 of the Law of Ukraine “On Court System”, the Superior Court of Ukraine shall:

· examine cassations regarding decisions made by general courts in cases within its jurisdiction according to the active legislation; examine second cassations in all other cases heard at the courts of general jurisdiction; in cases stipulated by the legislation in action – examine other cases under special circumstances;

· provide consultations to courts of lower level regarding application of the legislation currently in force based on the generalization and analysis of forensic statistics; if necessary, cancel the corresponding interpretations by the Plenary of the highest specialized court;

· address the Constitutional Court of Ukraine in case courts of general jurisdiction have uncertainties regarding the constitutionality of laws and other legal acts in force as well as regarding official interpretation of the Constitution of Ukraine and other legislation; · account and analyze forensic statistics, research and summarize court practices, acquaint with the practice of application of legislation currently in force;

· make decisions within its authority regarding issues connected with international agreements of Ukraine; represent general courts of Ukraine in relations with foreign courts.

According to the legislation in force the Supreme Court of Ukraine comprises the following structure:

· Judicial Chamber on civil cases;

· Judicial Chamber on criminal cases;

· Judicial Chamber on administrative cases;

· Judicial Chamber on economic cases;

· Military Collegium;

· Presidium, Plenary;

· Council of Judges of Ukraine.

The Chairman of the Supreme Court of Ukraine is appointed and dismissed at the Plenary by means of secret ballot.

Constitutional Court of Ukraine

The Constitution points out that the establishment of extraordinary and special courts is prohibited.

The Superior Justice Council The Constitution of Ukraine provisions for creation of a new state body – the Superior Justice Council of Ukraine which, according to the law “On the Superior Justice Council” is present a collective independent body responsible for the formation of highly professional corps of judges capable of qualified, honest and unbiased conduct of justice on a professional basis.

The High Council of Justice shall:

* submit proposals to the President of Ukraine as to appointment of judges or their release from duties;

* examine cases and take decisions as to judges' and public prosecutors' infringement of requirements of non-combination of jobs;

* execute disciplinary proceedings involving judges of the Supreme Court of Ukraine and judges of highest specialized courts as well as consider complaints about decisions of calling judges of courts of appeal, local courts, and public prosecutors to disciplinary account.

The High Council of Justice shall be made of twenty members; the Supreme Rada, the President, the Assembly of Judges, the Assembly of Advocates, the Assembly of Representatives of Higher Legal Educational and Scientific Institutions of Ukraine each appoint three members, and the All-Ukrainian Conference of Employees of the Procuracy appoint two members each. The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine, and the General Procurator of Ukraine are members of the Superior Justice Council ex officio.

The members of the High Council of Justice of Ukraine, except for ex officio members, are elected for a six-year term.

Executive Power

The government, the Cabinet of Ministers of Ukraine, which consists of the Prime Minister Ukraine, First Vice Prime Minister, three Vice Prime Ministers and seventeen various departmental Ministers, exercises executive power in Ukraine.

The Prime Minister heads the Cabinet and directs its work. The President appoints the Prime Minister under the consent of over half of the constitutional composition of the Verkhovna Rada. The President on the advice of the Prime Minister appoints personal composition of the Cabinet of Ministers.

The Prime Minister is responsible to the President and accountable and acts under control of the Verkhovna Rada of Ukraine.

Within its authority, the Government issues decrees and regulations mandatory for execution. The Prime Minister signs the deeds of the Cabinet of Ministers of Ukraine.

In case of Prime Minister’s resignation or no confidence resolution adopted by the Verkhovna Rada all the Government steps down from the office.

The Cabinet of Ministers provides for carrying out financial, price, investment and taxation policies, as well as actions in the spheres of labor and employment of population, social protection, education, science and culture, environment protection, ecological security and nature management.

The Cabinet of Ministers works out the draft of the Law on the State Budget of Ukraine for approval by the Verkhovna Rada, and ensures its execution.

Since the time of the Declaration on the State Sovereignty of Ukraine being adopted on July 16, 1990, the composition of the Cabinet of Ministers have changed twelve times. It is the twelfth government of Ukraine that is now in power.

One may learn about the Cabinet of Ministers in Chapter VI of the Constitution of Ukraine regulating the operation of the Ukrainian Government as well as by addressing the official website of the Cabinet of Ministers of Ukraine.

National Organs of Executive Power

In addition to the Cabinet of Ministers, the system of the national executive body includes ministries, state committees (public services) and special status central agencies of executive power.

Ministry is the primary organ within the system of the national executive body to realize the government policy in the defined sphere of activity, being managed by a Minister. As member of the Cabinet of Ministers of Ukraine, the Minister is responsible for development and implementation of the Program of the Cabinet on correspondent issues and realization of the Government policy within the defined sphere of governing the state. He exercises administration in this sphere, directs and coordinates the activities of other organs of executive power on issues ascribed to his authority.

State Committee (Public Service) is a central organ of executive power with activity directed and coordinated by the Prime Minister of Ukraine, any of the Vice Prime Ministers or Ministers. The State Committee (Public Service) puts forward propositions concerning formulation of the Government policy to the correspondent members of the Cabinet of Ministers and ensures its realization in the sphere defined, exercises control in this sphere as well as interdepartmental coordination and functional regulation on issues delegated to its authority. Chairperson heads the State Committee (Public Service).

Special Status Central Organ of Executive Power has a special mission and authority defined by the Constitution and legislation of Ukraine with specific order of formation, shaking-up, removal, accountability and reporting, as well as appointing and dismissal of management staff and settling other issues. Chairperson heads special status central organ of executive power.

For more detail about operation of the organs of executive power please address their correspondent official sites:

Ministries

Ministry of Agrarian Policy of Ukraine

Ministry of Internal Affairs of Ukraine

Ministry for Environmental Protection of Ukraine Ministry for Economics and European Integration of Ukraine

Ministry of Foreign Affairs of Ukraine

Ministry of Culture and the Arts of Ukraine

Ministry of Defense of Ukraine

Ministry of Health of Ukraine

Ministry of Education and Science of Ukraine

Ministry for Matters of Family, Children and Youth

Ministry of Fuel and Energy of Ukraine

Ministry of Labor and Social Policy of Ukraine

Ministry of Industrial Policy of Ukraine

Ministry of Transport and Communication of Ukraine

Ministry of Ukraine for Emergencies and Affairs of Population Protection from Consequences of Chornobyl Catastrophe

Ministry of Finance of Ukraine

Ministry of Justice of Ukraine

State Committees

State Committee on Archives of Ukraine

State Committee on Building and Architecture of Ukraine

State Committee on Housing and Communal Service of Ukraine

State Committee for Water Saving of Ukraine

State Committee on Land Resources of Ukraine

State Committee for Energy Conservation of Ukraine

State Committee for TV and Radio Broadcasting

State Forestry Committee of Ukraine

State Committee on Physical Activity and Sports of Ukraine State Committee on Nationalities and Migration of Ukraine

State Committee on Veterans of Ukraine

State Committee of Statistics of Ukraine

State Committee on Frontier Security of Ukraine

State Committee on Religions of Ukraine

Central Authorities which status is equal to a State Committee

National Space Agency of Ukraine

State Office for Motor Roads of Ukraine

State Department for Tourism of Ukraine

Special Status Organs of Executive Power

National Bank of Ukraine

Ukrainian Chamber of Auditors

State Treasury of Ukraine

Antimonopoly Committee of Ukraine

State Tax Administration of Ukraine

State Administration for Courts

State Customs Service of Ukraine

State Committee of Ukraine for Regulatory Policy and Entrepreneurship

State Committee of Ukraine on Technical Regulation and Consumer Policy

State Nuclear Regulatory Administration of Ukraine

National Electricity Regulatory Commission of Ukraine

Securities and Stock Market State Commission of Ukraine

State Department of Ukraine for the Enforcement of Penalties

State Property Fund of Ukraine Security Service of Ukraine

State Guard Department of Ukraine

Main Civil Service Administration of Ukraine

National Coordination Center for Adaptation of Reserve or Retired Servicemen, and Conversion of Former Military Installations

State Service of Ukraine for Export Control

Other Executive Bodies

National Depositary of Ukraine

Supreme Council for Justice of Ukraine

National Institute of Strategic Studies

National Olympic Committee

Exhibition Center of Ukraine

Source: Website of the Ministry of Foreign Affairs of Ukraine URL: http://www.mfa.gov.ua/mfa/en/257.htm Date: 10 May 2011