PRESS-RELEASE
13.03.2003 # 8
TV Address
by the President of Ukraine Leonid Kuchma
on the occasion of signing the Decree
on submitting to public discussion the Bill
“On Introduction of Amendments to the Constitution of Ukraine”
My dear fellow Ukrainians,
As you remember, in my last year’s Address on the occasion of the Independence Day I drew your attention to the necessity of the political reform. In particular, to the transition to the fundamentally new political system of Ukraine - the parliamentary-presidential one.
More than half a year passed over since that Address.
But this time was not wasted. The idea of political reform has begun to be actively discussed in the society. The broad debate has been originated. More and more people made specific questions on the substance and timing of the reform.
During this period of time, the whole spectrum of attitude to it - ranging from full acceptance to absolute denial – became apparent in all, without exception, political circles.
A commission has been established to consider a project of the reform. But many of those who sing the praises to the new system and, even more, who advertise themselves as its latent authors, sabotaged work of the commission. I have in mind specially invited representatives from the opposition to its staff. Neither the work of the commission established by the Verkhovna Rada has yielded coordinated results.
It is possible to ponder for a long time why it so happened. But the conclusion will be short. The majority of opponents, notwithstanding their support of the reform, comprehend it to a greater extent simplistically – as a mere arithmetical redistribution of power. As something resembling “to seize and to share”.
Indeed, the most realistic politicians are conceiving more and more the necessity of undertaking constructive steps in carrying out the reform. And today the real opportunities open up for cooperation between the Government and the opposition. But till this comprehension was gained the time for joint work had been lost.
At the same time, I - as the President - do not wish to and shall not put at risk the future of political reform and the future of my country.
Therefore, I have decided to bring the discussion of the reform out of the confrontation of polar political forces. If politicians fail to come to an agreement – all people should step in as an arbiter.
People have to consider the main provisions of the reform and independently express their opinion, and the Verkhovna Rada has to approve it.
I request to participate in a discussion of the political reform project. I submit it to the consideration of the state bodies, but moreover – to the public consideration. For your consideration, dear fellow Ukrainians.
So, why is it necessary to switch from the presidential-parliamentarian to the parliamentarian-presidential model?
In short: the presidential – parliamentary system played an important historical role, especially in the early years of the statehood, ensuring stability of the society and the state. Obviously, the confrontation between the executive and the legislative branches of power was brought in the current Constitution.
Nowadays economic situation is stable, steady economic growth is taking place.
The recent elections and the signing of the political treaty between the parliamentary majority and its government, the creation of a coalition Government itself is the last argument in favor of the reform. We already have a practical experience of cooperation between the Government and the majority fractions.
We have to go straightforward. To reflect this experience in amendments to the Constitution.
What kind of reform is proposed?
We have to come to the political system, which corresponds to the presidential – parliamentary model that is the most popular in democratic European countries. Voters elect parliamentarians from different parties. Parties, which got the majority of votes, make fractions in the Parliament. Those fractions form a majority. The majority forms the Government.
The majority and the Government are the core of the power – due to additional authorities they are being enfranchised.
What are these authorities? It is foreseen to change the order of Prime Minister’s appointment and forming the Government.
So, the Prime Minister has to be appointed by the Parliament, the President submits a candidate at this post, approved by the Parliamentarian majority.
The Parliament also appoints the Government, and the Government, in its turn, appoints heads of central governmental agencies of the executive branch of power. So, everybody will be aware of the responsibilities’ distribution within the state. You stand for electing people of merits. Those, who have been elected by you, stand for establishing the majority. They stand for forming the Government by majority and supporting its activities by laws. The Government stands for the permanent, day by day, management of the economy and social sphere. I am confident that if any Minister from any political party shows his inability to work effectively, you will not vote for him at the next elections.
What are the responsibilities of the President of Ukraine? He continues to be the guarantor of the constitutional rights and freedoms, independence and territorial integrity of our state. He is Commander-in-Chief and represents the state at international arena.
To fulfill these responsibilities the President is granted with authorities to appoint only Minister of Defense, Minister of Internal Affairs, Minister for Foreign Affairs, Minister of Emergencies and Affairs of Population’s Protection of Consequences of Chernobyl Catastrophe. Heads of other four central agencies and heads of regional (oblast) State Administrations are to be submitted for the President’s approval by the Prime Minister. Such an approach is to calm down those who worry about weakening of the institute of the President of Ukraine.
This compromise permits to enforce in the Constitution the unity of the majority in the Parliament and the Government – for the sake of joint responsibility to you.
However, the Supreme Law has to foresee guaranties of a stable work of such a power’s construction. In order that now and in the future those elected by you should not only wish to create a majority and a Government, but should be obliged to do that. And it will be a firm ground of the stability of Ukraine.
For that very reason the President must be given a right to dissolve the Parliament ahead of schedule. I stress this for those who permanently reproach me for intentions to usurp the power. This right is essential not for the given person of Leonid Kuchma but for all those who will perform the presidential duties after me.
The President can use this right in three clearly defined cases. The first one – if the people’s deputies turn to be unable to form a majority in the Parliament. The second – if the majority is unable to form a Government. The third – if the parliament fails to pass a state budget for the coming year. This is an exhaustive list.
The adoption of the new structure of the Parliament will become an essential element of the reform. I mean its division into two chambers. One chamber will be formed proportionately by parties and political blocs that won the elections. The other – on the basis of equal representation of all regions – the oblasts and cities of central subordination. The Chamber of Regions will be responsible for steady representation of all territories of Ukraine.
The Verkhovna Rada will have fewer deputies. Let me remind you that both – the introduction of the two-chamber Parliament and a decreased deputy corps correspond to the will of the people expressed during All-Ukrainian referendum of 2000.
I also would like to mention a few more changes that are being suggested. The elections of the Verkhovna Rada and the bodies of local power, and the elections of the President shall be separated in time. However, in order to avoid making Ukraine a state with a constant election campaigning, all the elections must take place in the course of the same year and for the same five years term.
And one more thing. The results of All-Ukarinian referendum must have a direct action and they do not need an endorsement of any body of state authority. Hence, the will of the people is a supreme law. That has been confirmed by the practice, which is common in the world.
Dear Fellow Ukrainians,
Tomorrow I will submit the Bill “On Introduction of Amendments to the Constitution of Ukraine” to the Verkhovna Rada of Ukraine. I have also signed a Decree on submitting this draft to the public discussion. This bill will be published in mass media and printed as a separate brochure.
Every citizen will be able to take part in the discussion about the proposed political reform and to express his thoughts on this matter. There will be many opportunities for that: public discussions, expressing opinions in the press, address to the special working group on the reform or to the governmental structures.
All the proposals and remarks will be thoroughly studied and summed up by the state bodies and then submitted to the Verkhovna Rada. Research and public organizations and mass media will be a part of this process.
Once again I invite all those who care about the future of Ukraine, those who are interested in preserving the democratic way of the development of our state, to take an active part in the discussion of this vital issue.