Ukraine’s Laboratory of Democracy
Fighting for Democracy on the World Stage and at Home
This essay from Civic Way’s global democracy series was co-written by Bob Melville and Will Arrington. Bob is the founder of Civic Way, a nonprofit dedicated to good government, and a management consultant with over 45 years of experience. Will is an advisor to Civic Way with a Bachelor of Arts in Political Science from the University of North Carolina at Chapel Hill. Will, a former Peace Corps volunteer, works in Washington DC.
Civic Way’s Comparative Democracy Series
The world’s democracies come in many forms but face similar challenges, usually from within. Ukraine, however, also faces an existential external threat from neighboring Russia.
Some have strong central governments, some federated structures. Some an independent chief executive and some a parliamentary form. Some coexist with a ceremonial monarchy. Such forms may have historical, cultural or demographic roots, but most are framed by a constitution.
To meet the inherent challenges of democracies, many nations refine their constitutions, laws and cultural norms. Learning about these changes, and the risks they were intended to address, can yield promising ideas for preserving and improving our own democracy.
An Introduction to Ukraine
The war in Ukraine has dominated the news for 11 months. Russian President Putin started the war in early 2022 to reclaim Ukraine as a Russian state[i]. Instead of a quick Russian victory, we have witnessed devastation, atrocities, nuclear saber rattling and the largest European war in since World War II.
The world has condemned Putin’s aggression, and the West has offered unwavering support (thus far), but questions loom. How far will Putin go? Will the West remain steadfast? Will Russia win? And, if Ukraine survives, what will it do to strengthen its democracy from within?
Ukraine, with over 230,000 square miles, is located on the Black Sea in Eastern Europe. It borders seven nations, including Hungary, Poland and Russia. Kyiv is the capital and largest city. With a population of 41 million, Ukraine is Europe’s eighth-most populous country. It also is a member of the United Nations and World Trade Organization, and an applicant for European Union and NATO membership.
Ukraine's total GDP (purchasing power parity) is about $588 billion, good for 44th of 228 nations. However, its per capita GDP (PPP) is only $14,330, ranking it 100th in the world, the lowest among European nations. Ukraine’s largest economic sector is agriculture.
Ukraine’s 1991 secession from the Soviet Union unleashed a decade of suffering. The economy tanked, hyperinflation reigned, and millions were thrown into poverty. Political corruption and a vibrant black market deepened the chaos. In 2004, election fraud triggered massive protests (the Orange Revolution) and over five years of government futility.
In 2010, Viktor Yanukovich, a pro-Russia advocate, won the presidency. However, his rejection of a free trade deal with the European Union (for a similar compact with Russia), and unbridled corruption, spurred the 2014 Euromaidan revolution. Yanukovich was forced from office, a new government was formed, Russia annexed Ukraine's Crimean Peninsula and fighting erupted in eastern Ukraine.
Ukraine’s Government Structure
Under its 1996 constitution, Ukraine has a unitary[ii], semi-presidential [iii] government structure with three branches:
Executive branch – The President serves as head of state, and the Prime Minister presides over the Cabinet of Ministers. The President nominates the Ministers of Foreign Affairs and Defense, subject to parliamentary approval, and appoints the Prosecutor General and Security Service Director.
Legislative branch – The Supreme Council (Verkhovna Rada), a 450-seat unicameral parliament[iv], enacts legislation and forms the executive branch (the Cabinet of Ministers).
Judicial branch – There are three levels of courts of general jurisdiction, the Supreme Court, Courts of Appeal and 74 district courts. The Constitutional Court reviews the constitutionality of legislation. Judges are nominated by the Supreme Council of Justice and appointed by the President.
Ukraine has three unified levels of government. The first level has 27 regions: 24 oblasts (provinces), one republic (Autonomous Republic of Crimea), and two special status cities—Kyiv and Sevastopol. At the second level, the oblasts are divided into 136 raions. At the third level, the raions are divided into hromada which, in turn, have 1,344 urban and 28,621 rural “populated places[v].
Ukraine’s Democracy
In 2021, the Economist Intelligence Unit classified Ukraine as a “hybrid regime[vi].” Ukraine’s Democracy Index score fell gradually from 5.84 in 2013 to 5.57 in 2021, tying it at 86th with Mexico among 167 nations. The decline was due to several factors, including tensions with Russia and Ukraine’s increasingly centralized military power. In 2020, the Freedom House assigned Ukraine a “Partly Free” status, lauding its electoral transparency but criticizing its “stalled efforts to uproot corruption.”
Other noteworthy aspects of Ukraine’s democracy include the following:
Voting – There is universal suffrage for all citizens aged 18 and older, but voters in local elections also must reside in the appropriate district or locality[vii].
Elections – All elections are held every five years, but federal elections are scheduled one year before regional and local elections. The Central Election Commission (TVK) administers elections.
Campaign financing – While the government cannot fund election campaigns, incumbents often use indirect government resources for reelection campaigns. Oligarchs have generously funded favored candidates, but a 2021 law bans their future donations to political parties.
Executive branch – The President is elected by popular vote, but must win at least 50 percent of the total vote[viii]. The Prime Minister is appointed by the President with parliamentary consent.
Legislative branch – Verkhovna Rada members are elected to five-year terms using a partial proportional representation system.
Legislative representation – In 2019, Ukraine adopted a partial proportional representation system with one national constituency, open party lists[ix] for parliamentary and local elections and a five percent electoral threshold[x].
Judicial branch – The judiciary is independent from the executive and legislative branches, but not from external influence[xi]. Justices are appointed by presidential decree for an initial five-year term after which the Supreme Council may grant life-time tenure.
Term limits – The President may serve up to two consecutive five-year terms. The Prime Minister has no term limit but may be expelled by the Verkhovna Rada at any time.
Removal process – The Verkhovna Rada may impeach the President with a ¾ vote, subject to review by the Constitutional Court and Supreme Court. The Verkhovna Rada may force cabinet resignations with a no confidence vote, but the President may dissolve the Verkhovna Rada when it fails to form a government. Judges with lifetime appointments may only be dismissed for gross misconduct.
Ukraine has a competitive multi-party system. There are scores of parties, but it is easier to rename an existing one than start a new one. Parties with at least five percent of the national vote receive public funding. The party with the most parliamentary seats is the Servant of the People party. Other major parties are the European Solidarity, Opposition Platform–For Life, Fatherland and Voice parties.
Since Ukraine is one of Europe’s most corrupt nations,[xii] corruption poses the most serious internal threat to democracy. As the Freedom House reported in 2022, “corruption remains endemic” despite “the government’s initiatives.” The Democracy Index confirms this assessment[xiii]. According to the Carnegie Institute, “ordinary Ukrainians” … view bribery as “a way to get things done.”
Corruption contaminates Ukrainian institutions—most notably the judiciary system—and its politics. According to the Organization for Security and Co-operation in Europe (OSCE), electoral irregularities range from incumbency abuses to “widespread vote-buying.”
Oligarchs have plagued Ukraine since the Soviet Union’s collapse. According to Forbes, the 100 wealthiest Ukrainians control over 25 percent of the country’s GDP. Their wealth, and ownership of media outlets, gives them outsized political influence. President Zelenskyy has not neutralize them, but the war and a new oligarch registry law may very well diminish their clout.
Ukraine’s Recent Political Landscape
In 2014, after the protests ended, Petro Poroshenko, promising reform, won the presidency. Initially, he made progress with the pension system, new disclosure laws, purchasing reforms and Russian energy. However, Russia annexed Crimea, armed separatists revolted in the eastern Donbas area and federal reforms stalled.
In the 2019 federal election, Zelenskyy defeated Poroshenko with 73 percent of the second-round vote. Zelenskyy’s Servant of the People party won 254 seats (60 percent), giving the party the first legislative majority since independence. Four other parties won 114 seats (27 percent). The remaining seats were won by small parties and independents. In the 2020 local elections, independent candidates won a plurality of local seats. The Servant of the People Party won fewer than expected mayoral contests but won seats on most local councils.
Since 2014, Ukraine’s reform efforts have had mixed results. It enacted laws to improve transparency, and established some public anti-corruption entities. President Zelenskyy blocked the broadcasts of several pro-Russia television stations and, in late 2021, launched the new Ethics Council to monitor judicial integrity. However, reforms have encountered stiff headwinds.
Some public officials have emasculated anti-corruption bodies with weak appointments, and some—like the Prosecutor General—have undermined investigations. in 2020, the Constitutional Court annulled the asset disclosure law, gutted criminal sanctions for reporting violations and weakened the National Agency on Corruption Prevention. The Supreme Court overturned President Zelenskyy’s decree to remove two Constitutional Court justices.
Before the war, there was growing public skepticism about President Zelensky’s ability to attain his reform agenda. Russia’s February 2022 invasion put that agenda—and the nation—at risk. Even if Ukraine survives, the war with Russia could decimate its economy[xiv] and public support for democracy.
Possible Lessons for the US
While its democracy has been shaken, Ukraine’s political system has a few features that may merit serious review, including the following:
Parties – The multi-party system, including public funding for qualified parties, is very competitive.
Elections – The five-year election cycle helps contain overall election costs and the majority threshold for Presidential contests helps reinforce Presidential legitimacy.
Legislative representativeness – The partial proportional allocation mechanism assures those parties receiving over five percent of the total vote of fairer representation.
Judicial branch – The new Ethics Council should help the High Council of Justice nominate more independent, qualified candidates to the judiciary.
Removal process – Making the Prime Minister and cabinet subject to a parliamentary no confidence vote provides some accountability.
One question remains largely unasked, and unanswered. If Ukraine preserves its independence, will it take the requisite steps to strengthen its democracy? Only time will tell.
Ukraine’s global reputation as a champion of democracy is a reflection of their brave stand against Russian aggression. Despite Ukraine’s democratic missteps before 2022, its war with Russia has given it an unexpected opportunity to renew its democracy. If it prevails, and it moves quickly and boldly to subdue the oligarchs, eliminate corruption and reinforce democratic processes, its reputation as a leading democracy will be secured.
The challenges facing Ukraine are daunting. But, if its valiant fight against Russia has taught us anything it is that Ukraine and its people should never be underestimated.