ANALYSIS: Constitutional reform in Ukraine: What's in the Rada pipeline? (09/14/03)

ANALYSIS

Constitutional reform in Ukraine: What's in the Rada pipeline?

by Jan Maksymiuk
RFE/RL Poland, Belarus and Ukraine Report

The Verkhovna Rada began its autumn-winter session on September 2. According to preliminary plans, it has some 900 bills for consideration. No doubt, one of the most important issues to be tackled by the Ukrainian legislature in the next few months will be the constitutional reform plan proposed last month by President Leonid Kuchma and reportedly supported by the Communist Party and the Socialist Party. The Ukrainska Pravda website reported on August 29 that it had received a political reform plan that was approved the previous day by presidential administration chief Viktor Medvedchuk, Socialist Party leader Oleksander Moroz, and Communist Party leader Petro Symonenko. The website warns that this may not be a final version of the political reform plan.

According to this draft, the Verkhovna Rada - within a month after its inaugural session or within a month after the dissolution of a previous pro-government coalition - will establish a new coalition of caucuses and groups in order to form a new Cabinet.

The president proposes four high-ranking officials for parliamentary approval: prime minister, defense minister, foreign affairs minister, and head of the Security Service of Ukraine. The prime minister proposes all other Cabinet members, as well as heads of the Antimonopoly Committee the Broad-casting Committee, and the State Property Committee. Apart from approving these nominations, the Parliament has the right to dismiss all these officials.

The prime minister also proposes all regional governors who subsequently need to be confirmed by the Cabinet of Ministers.

As under the current system, the president nominates a procurator-general who must be subsequently confirmed by Parliament. An innovation is the proposal that the dismissal of the country's top prosecutor must be approved also by the Verkhovna Rada.

There are two key innovations in the draft. First, the Verkhovna Rada is to be elected in 2006 under a fully proportional system from party lists. Second, this newly elected Verkhovna Rada is to elect a president within a month after its inauguration. The election of the president requires a three-fourths majority (338 votes in the 450-seat legislature). Thus, the direct presidential ballot in 2004 is expected to produce an "interim president" for two years.

The Verkhovna Rada may be dissolved if it fails to form a pro-government coalition within 30 days, form a Cabinet within 60 days, elect a president within three months, or convene for more than 30 days during the ongoing session.

A national deputy may be stripped of his/her parliamentary mandate if he/she fails to participate in plenary sittings for more than 60 days, quits the caucus of the party that placed him/her on the ballot, or fails to suspend his/her salaried activity outside the parliament (except for scientific, educational, or creative pursuits). On the other hand, lawmakers may hold posts in the government without surrendering their parliamentary mandates.

Jan Maksymiuk is the Belarus, Ukraine and Poland specialist on the staff of RFE/RL Newsline.

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