Since 2004, a number of significant amendments on powers of the President, the Verkhovna Rada and the Cabinet of Ministers were made to the Constitution of Ukraine without following the constitutional procedures resulting in absence of harmonization between them.
After the Revolution of dignity of 2014 certain provisions of the Constitution came into force again, the Constitutional Commission under the President was created to implement a constitutional reform, however, it is not working on the improvements of the power triangle. Besides balancing the powers of government institutions, the constitutional reform is aimed at regulation of human and civil rights. As of now, appropriate amendments to Ukraine’s legislature are still pending. According to the strategy of reforming the state “Ukraine-2020”, the Government has undertaken a commitment to introduce systemic changes in legislation – namely to adopt a new Constitution of Ukraine and to make necessary changes to other laws.
Currently, changes in Ukraine’s legislation on the constitutional reform are carried out by the Verkhovna Rada Committee on Legal Policy and Justice and the Constitutional Commission under the President of Ukraine. However, the latest news on the official site of the Constitutional Commission was published on June 2, 2016.
Reform Expert – Yuliya Kyrychenko, a board member of the Center of Policy and Legal Reform, an expert on constitutional law, a manager of the constitutional reform group of “The Reanimation Package of Reforms”, an assistant to the president of the Supreme Court of Ukraine.
➤ Creation of the Constitutional Commission under the President of Ukraine.
➤ Termination of powers of the President and the Parliament to dismiss judges, as well as the Parliament – to elect them for an unlimited term.
➤ Acquisition of right by the Verkhovna Rada to express distrust of the Prosecutor General.
Measures to be taken:
➤ Creation of the Constitutional Commission under the Verkhovna Rada.
➤ After the adoption of appropriate amendments to the Constitution on powers of the Government and the President holding of new parliamentary and presidential elections and consequent formation of a new composition of the Cabinet of Ministers.
Key laws adopted within the reform:
➤ The Law “On Amendments to the Constitution of Ukraine (on justice)”.
Laws to be adopted:
➤ The Draft Law “On Amendments to the Constitution of Ukraine on the improvement of a parliamentary-presidential form of government to ensure human and civil rights” (absence of drafting initiative).
➤ The Draft Law “On Amendments to the Constitution of Ukraine on decentralization of power” (previously approved on Aug. 31, 2015).
➤ The Draft Law “On the Constitutional Court of Ukraine” (under development).
➤ The new version of the Law of Ukraine “On National Referendum” (registered in the Parliament).