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A Kuchma-led referendum could have cost Ukraine its Constitution

Референдум під керівництвом Кучми міг би призвести до змін в основному законодавстві України. Photo: Главком

How Ukraine’s Constitution was adopted

On June 27, 1996, the Verkhovna Rada held a plenary session that resulted in the adoption of Ukraine’s Constitution. Mykhailo Kosiv, a five-term people's deputy and author of the Constitution’s Preamble, shared details of those events in an interview. Several models of governance were debated, including:

  • presidential
  • parliamentary
  • parliamentary-presidential
  • presidential-parliamentary republic

During the adoption process, lawmakers faced pressure from the possibility of a presidential referendum, which pushed them toward a compromise version.

Oleksandr Moroz urged deputies to approve the Constitution without interruption, warning that otherwise President Leonid Kuchma could impose it through a nationwide referendum. The alternative draft proposed by the president envisioned a presidential-parliamentary (effectively presidential) republic. In contrast, deputies of the second convocation wanted Ukraine to become a parliamentary-presidential republic.

Key provisions of the new Constitution limited presidential powers. For instance, the president cannot unilaterally appoint or dismiss the prime minister or most ministers without parliamentary consent.

At the same time, the president retains the authority to appoint certain officials—such as the defense minister, foreign minister, prosecutor general, and head of the Security Service of Ukraine—but only with parliamentary approval. Notably, the president serves as Supreme Commander-in-Chief of the Armed Forces and chairs the National Security and Defense Council (NSDC), which can oversee any branch of executive power.

“Therefore, I believe the balance of power between branches is maintained in Ukraine’s Constitution.” - Mykhailo Kosiv

30th anniversary of Ukraine’s Constitution

On June 28, 2026, Ukraine will mark 30 years since the Constitution’s adoption. In a message to the nation, President Volodymyr Zelenskyy stated: 'Exactly 30 years ago, the Fundamental Law of our state was adopted, and it is empowered by the people of Ukraine. Our citizens, who write the pages of our history, are the ones who fill the pages of our Constitution with life.'

This underscores the Constitution’s role as the foundation for building an independent, democratic, and law-based Ukraine.

The adoption of the Constitution was a landmark moment in Ukraine’s statehood development, establishing the principles of democratic governance. It enshrined the separation of powers and the protection of citizens' rights—critical elements for a functioning rule-of-law state. As the 30th anniversary approaches, society will have a chance to reflect on the achievements and challenges the country has faced over this period, as well as to reaffirm the importance of the core principles embedded in the document.

As Ukraine marks the 30th anniversary of its Constitution, it's essential to reflect on the intense parliamentary debates that shaped this pivotal document. The adoption process was marked by significant pressures and competing visions of governance that ultimately influenced the balance of power. To delve deeper into the historical context and understand the implications of these discussions, read more about how the Constitution was established during a marathon session in the adoption of Ukraine's Constitution.