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Presidential powers in Ukraine: What candidates for presidency competed for?

Author : News Agency 112.ua

Presidential elections are over. The time has come to get acquainted with what rights, in fact, presidential candidates have been fighting for
23:37, 24 April 2019

Presidential Administration of Ukraine

The official start of the presidential election campaign was given on the last day of 2018. Now it is already finished, we know the results of the voting, as counted by the CEC.

So, for what, in fact, the candidates fought and what rights will the winner get?

Brief theory

The issue of presidential duties is extremely important because the electorate often confuses who does what and who is responsible for what in the country.

- At the moment in Ukraine we have mixed, a parliamentary-presidential form of government.

- Over the years of independence, the form of government has changed several times.

- The Constitution, as amended by President Kuchma, provided for a presidential-parliamentary form of government.

- In 2004, a constitutional reform was carried out, providing for a transition to a parliamentary-presidential form of government. Thus, the powers of the president were significantly limited.

- In 2010, the Constitutional Court reinstated the "presidential-parliamentary" Constitution.

- In February 2014, after the Revolution of Dignity, the Verkhovna Rada renewed the Constitution in the 2004 edition (with the parliamentary-presidential form of government).

What the President of Ukraine can and can’t do

He can

- Submit two candidates from the Cabinet: the Minister of Defense and Minister of Foreign Affairs for approval of the Verkhovna Rada.

He can’t

Independently appoint or at least submit for the Verkhovna Rada approval all the others, and first of all the Prime Minister.

According to the Constitution

A coalition is being created in the parliament. It proposes the candidature of the prime minister to the president. The president is obliged to return it to parliament for approval within 15 days. He cannot change the candidacy.

By the way, the president cannot dismiss any of the ministers either. This is the prerogative of the Verkhovna Rada.

He can

As Supreme Commander, he can appoint the command of the army and secretary of the National Security and Defense Council.

He can’t

President can’t appoint personnel of the Internal Troops and the National Guard. This is the prerogative of the Ministry of Internal Affairs.

He can

Form the leadership of regional and district state administrations.

He can’t

Do it himself. For this, he needs a representation of the Prime Minister.

He can

With the consent of the Rada, he can appoint and dismiss heads of the Security Service of Ukraine and the Prosecutor General Office; on the proposal of the Prime Minister he can appoint the head of the State Border Service.

He also can:

- appoint and dismiss from the posts half of the composition of the National Bank Council;

- appoint and dismiss from the posts half of the National TV and Radio Company;

- appoint a third of the Constitutional Court composition;

- send proposition of appointing members of the CEC to the Parliament.

He can’t

Form the leadership of the State Property Fund and the Anti-Monopoly Committee. This is the competence of the government and parliament.

Summary:

The majority of personnel decisions the president of Ukraine is obliged to coordinate with the Verkhovna Rada.

Foreign policy

The President leads the foreign policy of the country. That is, he could decide not everything, but most of it.

Among other things, he can:

negotiate and conclude treaties, make decisions on the recognition of foreign states, appoint and dismiss ambassadors in other states and international organizations, receive letters of credence and revocable diplomas of other countries.

He also can

Veto laws. Prematurely terminate the powers of the Verkhovna Rada. Initiate a declaration of a state of emergency in the country, present state awards, the highest military ranks, and assign diplomatic ratings. Make a pardon. Decide on the adoption of citizenship of Ukraine and the termination of citizenship of Ukraine, as well as the granting of asylum.

But

Rada can overcome the veto (this requires 300 votes). The president can terminate the powers of parliament only in three cases: if deputies cannot form a coalition within 30 days, if they cannot open a meeting of a regular session within 30 days and if they cannot form a Cabinet of Ministers in parliament for two months.

Well, the declaration of a state of emergency (as well as of martial law) must be also supported by parliament.

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