Chapter
V. President of Ukraine
Article 102.
The President of Ukraine is the Head of State
and acts in its name.
The President of Ukraine is the guarantor of
state sovereignty and territorial indivisibility
of Ukraine, the observance of the Constitution
of Ukraine and human and citizens' rights and
freedoms.
Article 103. (Par. 5 amended by the Law of
8 December 2004)
The President of Ukraine is elected by the citizens
of Ukraine for a five-year term, on the basis
of universal, equal and direct suffrage, by
secret ballot.
A citizen of Ukraine who has attained the age
of thirty-five, has the right to vote, has resided
in Ukraine for the past ten years prior to the
day of elections, and has command of the state
language, may be elected as the President of
Ukraine.
One and the same person shall not be the President
of Ukraine for more than two consecutive terms.
The President of Ukraine shall not have another
representative mandate, hold office in bodies
of state power or in associations of citizens,
and also perform any other paid or entrepreneurial
activity, or be a member of an administrative
body or board of supervisors of an enterprise
that is aimed at making profit.
The regular election of a new President of Ukraine
shall take place [before the expiry of the powers
of the President of Ukraine in office] on the
last Sunday of the last month of the fifth year
of his or her term of office. In the event of
pre-term termination of powers of the President
of Ukraine, the election of the President of
Ukraine is held within ninety days from the
date of termination of his or her powers.
The procedure for conducting elections of the
President of Ukraine is established by law.
Article 104.
The newly-elected President of Ukraine assumes
office no later than in thirty days after the
official announcement of the election results,
from the moment of taking the oath to the people
at a ceremonial meeting of the Verkhovna Rada
of Ukraine.
The Chairman of the Constitutional Court of
Ukraine administers the oath to the President
of Ukraine.
The President of Ukraine takes the following
oath:
"I, (name and surname), elected by the
will of the people as the President of Ukraine,
assuming this high office, do solemnly swear
allegiance to Ukraine. I pledge with all my
undertakings to protect the sovereignty and
independence of Ukraine, to provide for the
good of the Motherland and the welfare of the
Ukrainian people, to protect the rights and
freedoms of citizens, to abide by the Constitution
of Ukraine and the laws of Ukraine, to exercise
my duties in the interests of all compatriots,
and t o enhance the prestige of Ukraine in the
world."
The President of Ukraine, elected by special
elections, takes the oath within five days after
the official announcement of the election results.
Article 105.
The President of Ukraine enjoys the right of
immunity during the term of authority.
Persons guilty of offending the honour and dignity
of the President of Ukraine are brought to responsibility
on the basis of the law.
The title of President of Ukraine is protected
by law and is reserved for the President for
life, unless the President of Ukraine has been
removed from office by the procedure of impeachment.
Article 106. (Subpar. 8-16, 19, 22, 30 and
par. 4 amended by the Law of 8 December 2004)
The President of Ukraine:
1) ensures state independence, national security
and the legal succession of the state;
2) addresses the people with messages and the
Verkhovna Rada of Ukraine with annual and special
messages on the domestic and foreign situation
of Ukraine;
3) represents the state in international relations,
administers the foreign political activity of
the State, conducts negotiations and concludes
international treaties of Ukraine;
4) adopts decisions on the recognition of foreign
states;
5) appoints and dismisses heads of diplomatic
missions of Ukraine to other states and to international
organisations; accepts credentials and letters
of recall of diplomatic representatives of foreign
states;
6) designates an All-Ukrainian referendum regarding
amendments to the Constitution of Ukraine in
accordance with Article156 of this Constitution,
proclaims an All-Ukrainian referendum on popular
initiative;
7) designates special elections to the Verkhovna
Rada of Ukraine within the terms established
by this Constitution;
8) terminates the powers of the Verkhovna Rada
of Ukraine in cases specified by this Constitution;
9) puts forward, following the relevant proposal
by the parliamentary coalition formed in the
Verkhovna Rada of Ukraine as provided for by
Article 83 of the Constitution of Ukraine, the
name of a candidate to be appointed to the office
of the Prime Minister of Ukraine by the Verkhovna
Rada of Ukraine, no later than fifteen days
after the receipt of such a proposal;
10) puts forward to the Verkhovna Rada of Ukraine
the name of a candidate to be appointed to the
office of the Minister of Defence of Ukraine
and the Minister of Foreign Affairs of Ukraine;
11) appoints to office and dismisses from office
the Prosecutor General of Ukraine, with the
consent of the Verkhovna Rada of Ukraine;
12) appoints and dismisses one-half of the membership
of the Council of the National Bank of Ukraine;
13) appoints and dismisses one-half of the membership
of the National Council of Ukraine on Television
and Radio Broadcasting;
14) puts forward to the Verkhovna Rada of Ukraine
the name of a candidate to be appointed to,
or to be dismissed from, the office of the Head
of the Security Service of Ukraine;
15) suspends the operation of acts by the Cabinet
of Ministers of Ukraine on grounds of their
inconsistency with this Constitution and challenges
concurrently the constitutionality of such acts
before the Constitutional Court of Ukraine;
16) revokes acts of the Council of Ministers
of the Autonomous Republic of Crimea;
17) is the Commander-in-Chief of the Armed Forces
of Ukraine; appoints to office and dismisses
from office the high command of the Armed Forces
of Ukraine and other military formations; administers
in the spheres of national security and defence
of th e State;
18) heads the Council of National Security and
Defence of Ukraine;
19) forwards to the Verkhovna Rada of Ukraine
a submission on the declaration of a state of
war and, in case of armed aggression against
Ukraine, adopts a decision on the use of the
Armed Forces and other military formations established
in accordance with laws of Ukraine;
20) adopts a decision in accordance with the
law on the general or partial mobilisation and
the introduction of martial law in Ukraine or
in its particular areas, in the event of a threat
of aggression, danger to the state independence
of Ukraine;
21) adopts a decision, in the event of necessity,
on the introduction of a state of emergency
in Ukraine or in its particular areas, and also
in the event of necessity, declares certain
areas of Ukraine as zones of an ecological emergency
situation - with subsequent confirmation of
these decisions by the Verkhovna Rada of Ukraine;
22) appoints and dismisses one-third of the
composition to the Constitutional Court of Ukraine;
23) establishes courts by the procedure determined
by law;
24) confers high military ranks, high diplomatic
and other high special ranks and class orders;
25) confers state awards; establishes presidential
distinctions and confers them;
26) adopts decisions on the acceptance for citizenship
of Ukraine and the termination of citizenship
of Ukraine, and on the granting of asylum in
Ukraine;
27) grants pardons;
28) creates, within the limits of the funds
envisaged in the State Budget of Ukraine, consultative,
advisory and other subsidiary bodies and services
for the exercise of his or her authority;
29) signs laws adopted by the Verkhovna Rada
of Ukraine;
30) has the power to veto laws adopted by the
Verkhovna Rada of Ukraine (except for laws on
amendments to the Constitution of Ukraine),
with such laws being subsequently returned to
the Verkhovna Rada of Ukraine for repeat consideration;
31) exercises other powers determined by the
Constitution of Ukraine.
The President of Ukraine shall not transfer
his or her powers to other persons or bodies.
The President of Ukraine, on the basis and for
the execution of the Constitution and the laws
of Ukraine, issues decrees and directives that
are mandatory for execution on the territory
of Ukraine.
Acts issued by the President of Ukraine within
the scope of his or her competence as provided
for in subparagraphs 5, 18, 21, 22, and 23 of
this Article shall be co-signed by the Prime
Minister of Ukraine and the Minister responsible
for the act and its implementation
Article 107.
The Council of National Security and Defence
of Ukraine is the co-ordinating body to the
President of Ukraine on issues of national security
and defence.
The Council of National Security and Defence
of Ukraine co-ordinates and controls the activity
of bodies of executive power in the sphere of
national security and defence.
The President of Ukraine is the Chairman of
the Council of National Security and Defence
of Ukraine.
The President of Ukraine forms the personal
composition of the Council of National Security
and Defence of Ukraine.
The Prime Minister of Ukraine, the Minister
of Defence of Ukraine, the Head of the Security
Service of Ukraine, the Minister of Internal
Affairs of Ukraine and the Minister of Foreign
Affairs of Ukraine, are ex officio members of
the Council of Nation al Security and Defence
of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine
may take part in the meetings of the Council
of National Security and Defence of Ukraine.
Decisions of the Council of National Security
and Defence of Ukraine are put into effect by
decrees of the President of Ukraine.
The competence and functions of the Council
of National Security and Defence of Ukraine
are determined by law.
Article 108.
The President of Ukraine exercises his or her
powers until the assumption of office by the
newly-elected President of Ukraine.
The powers of the President of Ukraine terminate
prior to the expiration of term in cases of:
1) resignation;
2) inability to exercise his or her powers for
reasons of health;
3) removal from office by the procedure of impeachment;
4) death.
Article 109.
The resignation of the President of Ukraine
enters into force from the moment he or she
personally announces the statement of resignation
at a meeting of the Verkhovna Rada of Ukraine.
Article 110.
The inability of the President of Ukraine to
exercise his or her powers for reasons of health
shall be determined at a meeting of the Verkhovna
Rada of Ukraine and confirmed by a decision
adopted by the majority of its constitutional
composition on th e basis of a petition of the
Supreme Court of Ukraine - on the appeal of
the Verkhovna Rada of Ukraine, and a medical
opinion.
Article 111.
The President of Ukraine may be removed from
office by the Verkhovna Rada of Ukraine by the
procedure of impeachment, in the event that
he or she commits state treason or other crime.
The issue of the removal of the President of
Ukraine from office by the procedure of impeachment
is initiated by the majority of the constitutional
composition of the Verkhovna Rada of Ukraine.
To conduct the investigation, the Verkhovna
Rada of Ukraine establishes a special temporary
investigatory commission whose composition includes
a special procurator and special investigators.
The conclusions and proposals of the temporary
investigatory commission are considered at a
meeting of the Verkhovna Rada of Ukraine.
For cause, the Verkhovna Rada of Ukraine, by
no less than two-thirds of its constitutional
composition, adopts a decision on the accusation
of the President of Ukraine.
The decision on the removal of the President
of Ukraine from office by the procedure of impeachment
is adopted by the Verkhovna Rada of Ukraine
by no less than three-quarters of its constitutional
composition, after the review of the case by
the Constitutional Court of Ukraine and the
receipt of its opinion on the observance of
the constitutional procedure of investigation
and consideration of the case of impeachment,
and the receipt of the opinion of the Supreme
Court of Ukraine to the effect that th e acts,
of which the President of Ukraine is accused,
contain elements of state treason or other crime.
Article 112. (amended by the Law of 8 December
2004)
In the event of pre-term termination of powers
of the President of Ukraine in accordance with
Articles 108, 109, 110 and 111 of this Constitution,
the execution of the office of the President
of Ukraine, for the period pending the election
of the new President of Ukraine and his or her
assumption of office, shall be vested in the
Chairperson of the Verkhovna Rada of Ukraine.
The Chairperson of the Verkhovna Rada of Ukraine,
while executing the office of the President
of Ukraine, shall not exercise the powers specified
in subparagraphs 2, 6 - 8, 10 - 13, 22, 24,
25, 27, and 28 of Article 106 of the Constitution
of Ukraine.
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