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The procedure for taking the oath of office of the President of Ukraine

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Consultant # 1306
Consultant # 1306
Lawyer
Ukraine / Kyiv

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Publication date: 03.07.2024

The procedure for taking the oath of office of the President of Ukraine
 

The oath of office of the President of Ukraine is an official ceremony that symbolises the beginning of his or her duties as head of state. This procedure is of great importance in the state life of Ukraine, as it establishes the legitimacy of the newly elected President and confirms his or her obligations to the people and the state. In this article, we will examine the legal basis, procedure and significance of the oath taking by the President of Ukraine.
 

Constitutional and legislative framework
 

TheConstitution of Ukraine: The fundamental law of the state that defines the procedure for taking the oath of office by the President of Ukraine. Article 104 of the Constitution of Ukraine provides that the newly elected President takes the oath of office at a solemn meeting of the Verkhovna Rada of Ukraine, thus assuming office.
 

TheLaw of Ukraine "On the Election of the President of Ukraine": Regulates the presidential election procedure and defines the stages preceding the oath of office, including the announcement of election results.
 

Rules of Procedure of theVerkhovna Rada of Ukraine: Determines the procedure for holding a solemn session of the Verkhovna Rada at which the newly elected President takes the oath of office.
 

The procedure for taking the oath
 

Announcement ofelection results: The Central Election Commission (CEC) officially announces the results of the presidential election after the vote count is completed and all possible complaints are considered. The election results are published in official publications and on the CEC website.
 

Setting thedate of the solemn session: The Verkhovna Rada of Ukraine sets the date of the solemn session at which the newly elected President will take the oath of office. This session is usually scheduled for the shortest possible time after the official announcement of the election results.
 

The ceremonial session of the VerkhovnaRada: The ceremonial session of the Verkhovna Rada is held in the plenary hall. This session is attended by MPs, members of the government, judges of the Constitutional Court, representatives of the diplomatic corps, the public and other distinguished guests.
 

Thenewly elected President is sworn in: At the beginning of the ceremonial session, the Speaker of the Verkhovna Rada announces the agenda and invites the newly elected President to take the oath. The text of the oath is set out in Article 104 of the Constitution of Ukraine:
 

"I, (name and surname), elected President of Ukraine by the will of the people, solemnly swear allegiance to Ukraine. I undertake to defend the sovereignty and independence of Ukraine with all my deeds, to care for the good of the Fatherland and the welfare of the Ukrainian people, to defend the rights and freedoms of citizens, to uphold the Constitution of Ukraine and the laws of Ukraine, to perform my duties in the interests of all my compatriots, and to raise the authority of Ukraine in the world."
 

Signing the oath: After taking the oath, the newly elected President signs the text of the oath, which is then kept in the archives of the Verkhovna Rada of Ukraine.
 

Announcement of the inauguration: The President of the Constitutional Court announces that the newly elected President has taken the oath, after which the new President officially takes office.
 

Importance of the oath of office
 

Legitimacy of power: The oath of office confirms the legitimacy of the newly elected President and his or her authority to perform the duties of the head of state. It is the official start of his or her presidential term.
 

Commitment to thepeople: The oath of office symbolises the President's obligations to the people of Ukraine, including the protection of the sovereignty, independence, rights and freedoms of citizens, and the observance of the Constitution and laws of Ukraine.
 

Publicity and transparency: The oath-taking procedure is conducted in public, which ensures transparency and accountability of the newly elected President to the public.
 

Symbolic value: The solemn oath-taking ceremony has a great symbolic value, emphasising the importance of the presidency and respect for state traditions.
 

Challenges and issues
 

Political conflicts: The swearing-in process may be accompanied by political conflicts, especially in the case of disputed elections or political instability in the country.
 

Legal challenges: Possible legal challenges to the election results may delay the swearing-in process and the President's assumption of office.
 

Organisational issues: Organising the ceremonial meeting and ensuring the presence of all the necessary persons may be a challenge, especially in the event of political confrontation.
 

Security: The inaugural session requires heightened security measures to prevent possible incidents and ensure public order.
 

Recommendations for improving the procedure
 

Improve thelegislation: Develop and adopt clear legal acts regulating the oath-taking procedure, including the organisation of the solemn session, security and possible legal challenges.
 

Ensure transparency: Increase the transparency of the oath-taking process, publish information on preparations for the solemn session, and engage the public and the media.
 

Preventing conflicts: Ensuring proper legal regulation of the electoral process, preventing political conflicts and legal challenges to election results.
 

Increasing thelevel of security: Implementation of additional security measures during the solemn session, ensuring public order and preventing possible incidents.
 

Development of state traditions: Supporting and developing state traditions related to the oath-taking ceremony, increasing respect for the presidency and state symbols.
 

Conclusion.
 

The swearing-in ceremony of the President of Ukraine is an important official ceremony that confirms the legitimacy of the newly elected head of state and his or her obligations to the people of Ukraine. The Constitution of Ukraine and other legislative acts define the procedure for taking the oath, including the organisation of a solemn meeting, the procedure for pronouncing and signing the oath.
 

At the same time, the implementation of this procedure faces numerous challenges, including political conflicts, legal challenges, organisational issues and security. To improve the oath-taking procedure, it is necessary to improve legislation, ensure transparency of the process, prevent conflicts and increase security. This will help strengthen Ukraine's democratic institutions, increase public confidence in the government and ensure the protection of their rights and freedoms.
 

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