CONSTITUTION OF UKRAINEAdopted at the Fifth Session of the Verkhovna Rada of Ukraine on 28
June 1996 Preamble
The Verkhovna Rada of
Ukraine, on behalf of the Ukrainian people — citizens of Ukraine of all
nationalities,
adopts this Constitution
— the Fundamental Law of Ukraine. Chapter I General Principles
Article 1
Ukraine is a sovereign
and independent, democratic, social, law-based state. Article 2
The sovereignty of
Ukraine extends throughout its entire territory. Ukraine is a unitary
state. The territory of Ukraine
within its present border is indivisible and inviolable. Article 3
The human being, his or
her life and health, honour and dignity, inviolability and security are
recognised in Ukraine as the highest social value. Human rights and freedoms
and their guarantees determine the essence and orientation of the activity of
the State. The State is answerable to the individual for its activity. To
affirm and ensure human rights and freedoms is the main duty of the State. Article 4
There is single
citizenship in Ukraine. The grounds for the acquisition and termination of
Ukrainian citizenship are determined by law. Article 5
Ukraine is a republic. The people are the
bearers of sovereignty and the only source of power in Ukraine. The people
exercise power directly and through bodies of state power and bodies of local
self-government. The right to determine
and change the constitutional order in Ukraine belongs exclusively to the
people and shall not be usurped by the State, its bodies or officials. No one shall usurp state
power. Article 6
State power in Ukraine is
exercised on the principles of its division into legislative, executive and
judicial power. Bodies of legislative,
executive and judicial power exercise their authority within the limits
established by this Constitution and in accordance with the laws of Ukraine. Article 7
In Ukraine, local
self-government is recognised and guaranteed. Article 8
In Ukraine, the principle
of the rule of law is recognised and effective. The Constitution of
Ukraine has the highest legal force. Laws and other normative legal acts are
adopted on the basis of the Constitution of Ukraine and shall conform to it. The norms of the
Constitution of Ukraine are norms of direct effect. Appeals to the court in
defence of the constitutional rights and freedoms of the individual and
citizen directly on the grounds of the Constitution of Ukraine are
guaranteed. Article 9
International treaties
that are in force, agreed to be binding by the Verkhovna Rada of Ukraine, are
part of the national legislation of Ukraine. The conclusion of
international treaties that contravene the Constitution of Ukraine is
possible only after introducing relevant amendments to the Constitution of
Ukraine. Article 10
The state language of
Ukraine is the Ukrainian language. The State ensures the
comprehensive development and functioning of the Ukrainian language in all
spheres of social life throughout the entire territory of Ukraine. In Ukraine, the free
development, use and protection of Russian, and other languages of national
minorities of Ukraine, is guaranteed. The State promotes the
learning of languages of international communication. The use of languages in
Ukraine is guaranteed by the Constitution of Ukraine and is determined by
law. Article 11
The State promotes the
consolidation and development of the Ukrainian nation, of its historical
consciousness, traditions and culture, and also the development of the
ethnic, cultural, linguistic and religious identity of all indigenous peoples
and national minorities of Ukraine. Article 12
Ukraine provides for the
satisfaction of national and cultural, and linguistic needs of Ukrainians
residing beyond the borders of the State. Article 13
The land, its mineral
wealth, atmosphere, water and other natural resources within the territory of
Ukraine, the natural resources of its continental shelf, and the exclusive
(maritime) economic zone, are objects of the right of property of the
Ukrainian people. Ownership rights on behalf of the Ukrainian people are
exercised by bodies of state power and bodies of local self-government within
the limits determined by this Constitution. Every citizen has the
right to utilise the natural objects of the people's right of property in
accordance with the law. Property entails
responsibility. Property shall not be used to the detriment of the person and
society. The State ensures the
protection of the rights of all subjects of the right of property and
economic management, and the social orientation of the economy. All subjects
of the right of property are equal before the law. Article 14
Land is the fundamental
national wealth that is under special state protection. The right of property to
land is guaranteed. This right is acquired and realised by citizens, legal
persons and the State, exclusively in accordance with the law. Article 15
Social life in Ukraine is
based on the principles of political, economic and ideological diversity. No ideology shall be
recognised by the State as mandatory. Censorship is prohibited. The State guarantees
freedom of political activity not prohibited by the Constitution and the laws
of Ukraine. Article 16
To ensure ecological
safety and to maintain the ecological balance on the territory of Ukraine, to
overcome the consequences of the Chornobyl catastrophe — a catastrophe of
global scale, and to preserve the gene pool of the Ukrainian people, is the
du ty of the State. Article 17
To protect the
sovereignty and territorial indivisibility of Ukraine, and to ensure its
economic and informational security are the most important functions of the
State and a matter of concern for all the Ukrainian people. The defence of Ukraine
and the protection of its sovereignty, territorial indivisibility and
inviolability, are entrusted to the Armed Forces of Ukraine. Ensuring state security
and protecting the state border of Ukraine are entrusted to the respective
military formations and law enforcement bodies of the State, whose
organisation and operational procedure are determined by law. The Armed Forces of
Ukraine and other military formations shall not be used by anyone to restrict
the rights and freedoms of citizens or with the intent to overthrow the
constitutional order, subvert the bodies of power or obstruct their activity. The State ensures the
social protection of citizens of Ukraine who serve in the Armed Forces of
Ukraine and in other military formations as well as of members of their
families. The creation and
operation of any armed formations not envisaged by law are prohibited on the
territory of Ukraine. The location of foreign
military bases shall not be permitted on the territory of Ukraine. Article 18
The foreign political
activity of Ukraine is aimed at ensuring its national interests and security
by maintaining peaceful and mutually beneficial co-operation with members of
the international community, according to generally acknowledged principles
and norms of international law. Article 19
The legal order in
Ukraine is based on the principles according to which no one shall be forced
to do what is not envisaged by legislation. Bodies of state power and
bodies of local self-government and their officials are obliged to act only
on the grounds, within the limits of authority, and in the manner envisaged
by the Constitution and the laws of Ukraine. Article 20
The state symbols of
Ukraine are the State Flag of Ukraine, the State Coat of Arms of Ukraine and
the State Anthem of Ukraine. The State Flag of Ukraine
is a banner of two equally-sized horizontal bands of blue and yellow. The Great State Coat of
Arms of Ukraine shall be established with the consideration of the Small
State Coat of Arms of Ukraine and the Coat of Arms of the Zaporozhian Host,
by the law adopted by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine. The main element of the
Great State Coat of Arms of Ukraine is the Emblem of the Royal State of
Volodymyr the Great (the Small State Coat of Arms of Ukraine). The State Anthem of
Ukraine is the national anthem set to the music of M. Verbytskyi, with words
that are confirmed by the law adopted by no less than two-thirds of the
constitutional composition of the Verkhovna Rada of Ukraine. The description of the
state symbols of Ukraine and the procedure for their use shall be established
by the law adopted by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine. The capital of Ukraine is
the City of Kyiv. Chapter II Human and Citizens' Rights, Freedoms and Duties
Article 21
All people are free and
equal in their dignity and rights. Human rights and freedoms
are inalienable and inviolable. Article 22
Human and citizens'
rights and freedoms affirmed by this Constitution are not exhaustive. Constitutional rights and
freedoms are guaranteed and shall not be abolished. The content and scope of
existing rights and freedoms shall not be diminished in the adoption of new
laws or in the amendment of laws that are in force. Article 23
Every person has the
right to free development of his or her personality if the rights and
freedoms of other persons are not violated thereby, and has duties before the
society in which the free and comprehensive development of his or her
personality is ensured. Article 24
Citizens have equal
constitutional rights and freedoms and are equal before the law. There shall be no
privileges or restrictions based on race, colour of skin, political,
religious and other beliefs, sex, ethnic and social origin, property status,
place of residence, linguistic or other characteristics. Equality of the rights of
women and men is ensured: by providing women with opportunities equal to
those of men, in public and political, and cultural activity, in obtaining
education and in professional training, in work and its remuneration; by
special measures for the protection of work and health of women; by
establishing pension privileges, by creating conditions that allow women to
combine work and motherhood; by legal protection, material and moral support
of motherhood and childhood, includin g the provision of paid leaves and
other privileges to pregnant women and mothers. Article 25
A citizen of Ukraine
shall not be deprived of citizenship and of the right to change citizenship. A citizen of Ukraine
shall not be expelled from Ukraine or surrendered to another state. Ukraine guarantees care
and protection to its citizens who are beyond its borders. Article 26
Foreigners and stateless
persons who are in Ukraine on legal grounds enjoy the same rights and
freedoms and also bear the same duties as citizens of Ukraine, with the
exceptions established by the Constitution, laws or international treaties of
Ukraine. Foreigners and stateless
persons may be granted asylum by the procedure established by law. Article 27
Every person has the
inalienable right to life. No one shall be
arbitrarily deprived of life. The duty of the State is to protect human life. Everyone has the right to
protect his or her life and health, the lives and health of other persons
against unlawful encroachments. Article 28
Everyone has the right to
respect of his or her dignity. No one shall be subjected
to torture, cruel, inhuman or degrading treatment or punishment that violates
his or her dignity. No person shall be
subjected to medical, scientific or other experiments without his or her free
consent. Article 29
Every person has the
right to freedom and personal inviolability. No one shall be arrested
or held in custody other than pursuant to a substantiated court decision and
only on the grounds and in accordance with the procedure established by law. In the event of an urgent
necessity to prevent or stop a crime, bodies authorised by law may hold a
person in custody as a temporary preventive measure, the reasonable grounds
for which shall be verified by a court within seventy-two hours. The detained
person shall be released immediately, if he or she has not been provided,
within seventy-two hours from the moment of detention, with a substantiated
court decision in regard to the holding in custody. Everyone arrested or
detained shall be informed without delay of the reasons for his or her arrest
or detention, apprised of his or her rights, and from the moment of detention
shall be given the opportunity to personally defend himself or herself, or to
have the legal assistance of a defender. Everyone detained has the
right to challenge his or her detention in court at any time. Relatives of an arrested
or detained person shall be informed immediately of his or her arrest or
detention. Article 30
Everyone is guaranteed
the inviolability of his or her dwelling place. Entry into a dwelling
place or other possessions of a person, and the examination or search
thereof, shall not be permitted, other than pursuant to a substantiated court
decision. In urgent cases related
to the preservation of human life and property or to the direct pursuit of
persons suspected of committing a crime, another procedure established by law
is possible for entry into a dwelling place or other possessions of a person,
and for the examination and search thereof. Article 31
Everyone is guaranteed
privacy of mail, telephone conversations, telegraph and other correspondence.
Exceptions shall be established only by a court in cases envisaged by law,
with the purpose of preventing crime or ascertaining the truth in the course
of the investigation of a criminal case, if it is not possible to obtain
information by other means. Article 32
No one shall be subject
to interference in his or her personal and family life, except in cases
envisaged by the Constitution of Ukraine. The collection, storage,
use and dissemination of confidential information about a person without his
or her consent shall not be permitted, except in cases determined by law, and
only in the interests of national security, economic welfare and human
rights. Every citizen has the
right to examine information about himself or herself, that is not a state
secret or other secret protected by law, at the bodies of state power, bodies
of local self-government, institutions and organisations. Everyone is guaranteed
judicial protection of the right to rectify incorrect information about
himself or herself and members of his or her family, and of the right to
demand that any type of information be expunged, and also the right to
compensation for material and moral damages inflicted by the collection,
storage, use and dissemination of such incorrect information. Article 33
Everyone who is legally
present on the territory of Ukraine is guaranteed freedom of movement, free
choice of place of residence, and the right to freely leave the territory of
Ukraine, with the exception of restrictions established by law. A citizen of Ukraine may
not be deprived of the right to return to Ukraine at any time. Article 34
Everyone is guaranteed
the right to freedom of thought and speech, and to the free expression of his
or her views and beliefs. Everyone has the right to
freely collect, store, use and disseminate information by oral, written or
other means of his or her choice. The exercise of these
rights may be restricted by law in the interests of national security,
territorial indivisibility or public order, with the purpose of preventing
disturbances or crimes, protecting the health of the population, the
reputation or rights of other persons, preventing the publication of
information received confidentially, or supporting the authority and
impartiality of justice. Article 35
Everyone has the right to
freedom of personal philosophy and religion. This right includes the freedom
to profess or not to profess any religion, to perform alone or collectively
and without constraint religious rites and ceremonial rituals, and to conduct
religious activity. The exercise of this
right may be restricted by law only in the interests of protecting public
order, the health and morality of the population, or protecting the rights
and freedoms of other persons. The Church and religious
organisations in Ukraine are separated from the State, and the school — from
the Church. No religion shall be recognised by the State as mandatory. No one shall be relieved
of his or her duties before the State or refuse to perform the laws for
reasons of religious beliefs. In the event that the performance of military
duty is contrary to the religious beliefs of a citizen, the performance of
this duty shall be replaced by alternative (non-military) service. Article 36
Citizens of Ukraine have
the right to freedom of association in political parties and public
organisations for the exercise and protection of their rights and freedoms
and for the satisfaction of their political, economic, social, cultural and
other interests, with the exception of restrictions established by law in the
interests of national security and public order, the protection of the health
of the population or the protection of rights and freedoms of other persons. Political parties in
Ukraine promote the formation and expression of the political will of
citizens, and participate in elections. Only citizens of Ukraine may be
members of political parties. Restrictions on membership in political parties
are established exclusively by this Constitution and the laws of Ukraine. Citizens have the right
to take part in trade unions with the purpose of protecting their labour and
socio-economic rights and interests. Trade unions are public organisations
that unite citizens bound by common interests that accord with the nature of
their professional activity. Trade unions are formed without prior permission
on the basis of the free choice of their members. All trade unions have equal
rights. Restrictions on membership in trade unions are established
exclusively by this Consti tution and the laws of Ukraine. No one may be forced to
join any association of citizens or be restricted in his or her rights for
belonging or not belonging to political parties or public organisations. All associations of
citizens are equal before the law. Article 37
The establishment and
activity of political parties and public associations are prohibited if their
programme goals or actions are aimed at the liquidation of the independence
of Ukraine, the change of the constitutional order by violent means, the
violation of the sovereignty and territorial indivisibility of the State, the
undermining of its security, the unlawful seizure of state power, the
propaganda of war and of violence, the incitement of inter-ethnic, racial, or
religious enmity, and the encroachments on human rights and freedoms and the
health of the population. Political parties and
public associations shall not have paramilitary formations. The creation and activity
of organisational structures of political parties shall not be permitted
within bodies of executive and judicial power and executive bodies of local
self-government, in military formations, and also in state enterprises,
educational establishments and other state institutions and organisations. The prohibition of the
activity of associations of citizens is exercised only through judicial
procedure. Article 38
Citizens have the right
to participate in the administration of state affairs, in All-Ukrainian and
local referendums, to freely elect and to be elected to bodies of state power
and bodies of local self-government. Citizens enjoy the equal
right of access to the civil service and to service in bodies of local
self-government. Article 39
Citizens have the right
to assemble peacefully without arms and to hold meetings, rallies,
processions and demonstrations, upon notifying in advance the bodies of
executive power or bodies of local self-government. Restrictions on the
exercise of this right may be established by a court in accordance with the
law and only in the interests of national security and public order, with the
purpose of preventing disturbances or crimes, protecting the health of the
population, or protecting the rights and freedoms of other persons. Article 40
Everyone has the right to
file individual or collective petitions, or to personally appeal to bodies of
state power, bodies of local self-government, and to the officials and
officers of these bodies, that are obliged to consider the petitions and to
provide a substantiated reply within the term established by law. Article 41
Everyone has the right to
own, use and dispose of his or her property, and the results of his or her
intellectual and creative activity. The right of private
property is acquired by the procedure determined by law. In order to satisfy their
needs, citizens may use the objects of the right of state and communal
property in accordance with the law. No one shall be
unlawfully deprived of the right of property. The right of private property
is inviolable. The expropriation of
objects of the right of private property may be applied only as an exception
for reasons of social necessity, on the grounds of and by the procedure
established by law, and on the condition of advance and complete compensation
of their value. The expropriation of such objects with subsequent complete
compensation of their value is permitted only under conditions of martial law
or a state of emergency. Confiscation of property
may be applied only pursuant to a court decision, in the cases, in the extent
and by the procedure established by law. The use of property shall
not cause harm to the rights, freedoms and dignity of citizens, the interests
of society, aggravate the ecological situation and the natural qualities of land. Article 42
Everyone has the right to
entrepreneurial activity that is not prohibited by law. The entrepreneurial
activity of deputies, officials and officers of bodies of state power and of
bodies of local self-government is restricted by law. The State ensures the
protection of competition in entrepreneurial activity. The abuse of a
monopolistic position in the market, the unlawful restriction of competition,
and unfair competition, shall not be permitted. The types and limits of
monopol ies are determined by law. The State protects the
rights of consumers, exercises control over the quality and safety of
products and of all types of services and work, and promotes the activity of
public consumer associations. Article 43
Everyone has the right to
labour, including the possibility to earn one's living by labour that he or
she freely chooses or to which he or she freely agrees. The State creates
conditions for citizens to fully realise their right to labour, guarantees
equal opportunities in the choice of profession and of types of labour
activity, implements programmes of vocational education, training and
retraining of per sonnel according to the needs of society. The use of forced labour
is prohibited. Military or alternative (non-military) service, and also work
or service carried out by a person in compliance with a verdict or other
court decision, or in accordance with the laws on martial law or on a state
of emergency, are not considered to be forced labour. Everyone has the right to
proper, safe and healthy work conditions, and to remuneration no less than
the minimum wage as determined by law. The employment of women
and minors for work that is hazardous to their health, is prohibited. Citizens are guaranteed
protection from unlawful dismissal. The right to timely
payment for labour is protected by law. Article 44
Those who are employed
have the right to strike for the protection of their economic and social
interests. The procedure for
exercising the right to strike is established by law, taking into account the
necessity to ensure national security, health protection, and rights and
freedoms of other persons. No one shall be forced to
participate or not to participate in a strike. The prohibition of a
strike is possible only on the basis of the law. Article 45
Everyone who is employed
has the right to rest. This right is ensured by
providing weekly rest days and also paid annual vacation, by establishing a
shorter working day for certain professions and industries, and reduced
working hours at night. The maximum number of
working hours, the minimum duration of rest and of paid annual vacation, days
off and holidays as well as other conditions for exercising this right, are
determined by law. Article 46
Citizens have the right
to social protection that includes the right to provision in cases of
complete, partial or temporary disability, the loss of the principal
wage-earner, unemployment due to circumstances beyond their control and also
in old age, and in other cases established by law. This right is guaranteed
by general mandatory state social insurance on account of the insurance
payments of citizens, enterprises, institutions and organisations, and also
from budgetary and other sources of social security; by the establishment of
a network of state, communal and private institutions to care for persons
incapable of work. Pensions and other types
of social payments and assistance that are the principal sources of
subsistence, shall ensure a standard of living not lower than the minimum
living standard established by law. Article 47
Everyone has the right to
housing. The State creates conditions that enable every citizen to build,
purchase as property, or to rent housing. Citizens in need of
social protection are provided with housing by the State and bodies of local
self-government, free of charge or at a price affordable for them, in
accordance with the law. No one shall be forcibly
deprived of housing other than on the basis of the law pursuant to a court
decision. Article 48
Everyone has the right to
a standard of living sufficient for himself or herself and his or her family
that includes adequate nutrition, clothing and housing. Article 49
Everyone has the right to
health protection, medical care and medical insurance. Health protection is
ensured through state funding of the relevant socio-economic, medical and
sanitary, health improvement and prophylactic programmes. The State creates
conditions for effective medical service accessible to all citizens. State
and communal health protection institutions provide medical care free of
charge; the existing network of such institutions shall not be reduced. The
State promotes the development of medical institutions of all forms of
ownership. The State provides for
the development of physical culture and sports, and ensures sanitary-epidemic
welfare. Article 50
Everyone has the right to
an environment that is safe for life and health, and to compensation for
damages inflicted through the violation of this right. Everyone is guaranteed
the right of free access to information about the environmental situation,
the quality of food and consumer goods, and also the right to disseminate
such information. No one shall make such information secret. Article 51
Marriage is based on the
free consent of a woman and a man. Each of the spouses has equal rights and
duties in the marriage and family. Parents are obliged to
support their children until they attain the age of majority. Adult children
are obliged to care for their parents who are incapable of work. The family, childhood,
motherhood and fatherhood are under the protection of the State. Article 52
Children are equal in
their rights regardless of their origin and whether they are born in or out
of wedlock. Any violence against a
child, or his or her exploitation, shall be prosecuted by law. The maintenance and
upbringing of orphans and children deprived of parental care is entrusted to
the State. The State encourages and supports charitable activity in regard to
children. Article 53
Everyone has the right to
education. Complete general
secondary education is compulsory. The State ensures
accessible and free pre-school, complete general secondary, vocational and
higher education in state and communal educational establishments; the
development of pre-school, complete general secondary, extra-curricular,
vocational, hi gher and post-graduate education, various forms of
instruction; the provision of state scholarships and privileges to pupils and
students. Citizens have the right
to obtain free higher education in state and communal educational
establishments on a competitive basis. Citizens who belong to
national minorities are guaranteed in accordance with the law the right to
receive instruction in their native language, or to study their native
language in state and communal educational establishments and through
national cultural societies. Article 54
Citizens are guaranteed
the freedom of literary, artistic, scientific and technical creativity,
protection of intellectual property, their copyrights, moral and material interests
that arise with regard to various types of intellectual activity. Every citizen has the
right to the results of his or her intellectual, creative activity; no one
shall use or distribute them without his or her consent, with the exceptions
established by law. The State promotes the
development of science and the establishment of scientific relations of
Ukraine with the world community. Cultural heritage is
protected by law. The State ensures the
preservation of historical monuments and other objects of cultural value, and
takes measures to return to Ukraine the cultural treasures of the nation,
that are located beyond its borders. Article 55
Human and citizens'
rights and freedoms are protected by the court. Everyone is guaranteed
the right to challenge in court the decisions, actions or omission of bodies
of state power, bodies of local self-government, officials and officers. Everyone has the right to
appeal for the protection of his or her rights to the Authorised Human Rights
Representative of the Verkhovna Rada of Ukraine. After exhausting all
domestic legal remedies, everyone has the right to appeal for the protection
of his or her rights and freedoms to the relevant international judicial
institutions or to the relevant bodies of international organisations of
which Ukraine is a member or participant. Everyone has the right to
protect his or her rights and freedoms from violations and illegal
encroachments by any means not prohibited by law. Article 56
Everyone has the right to
compensation, at the expense of the State or bodies of local self-government,
for material and moral damages inflicted by unlawful decisions, actions or
omission of bodies of state power, bodies of local self-government, their
officials and officers during the exercise of their authority. Article 57
Everyone is guaranteed
the right to know his or her rights and duties. Laws and other normative
legal acts that determine the rights and duties of citizens shall be brought
to the notice of the population by the procedure established by law. Laws and other normative
legal acts that determine the rights and duties of citizens, but that are not
brought to the notice of the population by the procedure established by law,
are not in force. Article 58
Laws and other normative
legal acts have no retroactive force, except in cases where they mitigate or
annul the responsibility of a person. No one shall bear
responsibility for acts that, at the time they were committed, were not
deemed by law to be an offence. Article 59
Everyone has the right to
legal assistance. Such assistance is provided free of charge in cases
envisaged by law. Everyone is free to choose the defender of his or her
rights. In Ukraine, the advocacy
acts to ensure the right to a defence against accusation and to provide legal
assistance in deciding cases in courts and other state bodies. Article 60
No one is obliged to
execute rulings or orders that are manifestly criminal. For the issuance or
execution of a manifestly criminal ruling or order, legal liability arises. Article 61
For one and the same
offence, no one shall be brought twice to legal liability of the same type. The legal liability of a
person is of an individual character. Article 62
A person is presumed
innocent of committing a crime and shall not be subjected to criminal
punishment until his or her guilt is proved through legal procedure and
established by a court verdict of guilty. No one is obliged to
prove his or her innocence of committing a crime. An accusation shall not
be based on illegally obtained evidence as well as on assumptions. All doubts
in regard to the proof of guilt of a person are interpreted in his or her
favour. In the event that a court
verdict is revoked as unjust, the State compensates the material and moral
damages inflicted by the groundless conviction. Article 63
A person shall not bear
responsibility for refusing to testify or to explain anything about himself
or herself, members of his or her family or close relatives in the degree
determined by law. A suspect, an accused, or
a defendant has the right to a defence. A convicted person enjoys
all human and citizens' rights, with the exception of restrictions determined
by law and established by a court verdict. Article 64
Constitutional human and
citizens' rights and freedoms shall not be restricted, except in cases
envisaged by the Constitution of Ukraine. Under conditions of
martial law or a state of emergency, specific restrictions on rights and
freedoms may be established with the indication of the period of
effectiveness of these restrictions. The rights and freedoms envisaged in
Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62
and 63 of this Constitution shall not be restricted. Article 65
Defence of the
Motherland, of the independence and territorial indivisibility of Ukraine,
and respect for its state symbols, are the duties of citizens of Ukraine. Citizens perform military
service in accordance with the law. Article 66
Everyone is obliged not
to harm nature, cultural heritage and to compensate for any damage he or she
inflicted. Article 67
Everyone is obliged to
pay taxes and levies in accordance with the procedure and in the extent
established by law. All citizens annually
file declarations with the tax inspection at their place of residence, on
their property status and income for the previous year, by the procedure
established by law. Article 68
Everyone is obliged to
strictly abide by the Constitution of Ukraine and the laws of Ukraine, and
not to encroach upon the rights and freedoms, honour and dignity of other
persons. Ignorance of the law
shall not exempt from legal liability. Chapter III Elections; Referendum
Article
69
The expression of the
will of the people is exercised through elections, referendum and other forms
of direct democracy. Article 70
Citizens of Ukraine who
have attained the age of eighteen on the day elections and referendums are
held, have the right to vote at the elections and referendums. Citizens deemed by a
court to be incompetent do not have the right to vote. Article 71
Elections to bodies of
state power and bodies of local self-government are free and are held on the
basis of universal, equal and direct suffrage, by secret ballot. Voters are guaranteed the
free expression of their will. Article 72
An All-Ukrainian referendum
is designated by the Verkhovna Rada of Ukraine or by the President of
Ukraine, in accordance with their authority established by this Constitution. An All-Ukrainian
referendum is called on popular initiative on the request of no less than
three million citizens of Ukraine who have the right to vote, on the
condition that the signatures in favour of designating the referendum have
been collected in no less than two-thirds of the oblasts, with no less than
100,000 signatures in each oblast. Article 73
Issues of altering the
territory of Ukraine are resolved exclusively by an All-Ukrainian referendum. Article 74
A referendum shall not be
permitted in regard to draft laws on issues of taxes, the budget and amnesty. Chapter IV Verkhovna Rada of Ukraine
Article 75
The sole body of
legislative power in Ukraine is the Parliament — the Verkhovna Rada of
Ukraine. Article 76
The constitutional
composition of the Verkhovna Rada of Ukraine consists of 450 National
Deputies of Ukraine who are elected for a four-year term on the basis of
universal, equal and direct suffrage, by secret ballot. A citizen of Ukraine who
has attained the age of twenty-one on the day of elections, has the right to
vote, and has resided on the territory of Ukraine for the past five years,
may be a National Deputy of Ukraine. A citizen who has a
criminal record for committing an intentional crime shall not be elected to
the Verkhovna Rada of Ukraine if the record is not cancelled and erased by
the procedure established by law. The authority of National
Deputies of Ukraine is determined by the Constitution and the laws of
Ukraine. Article 77
Regular elections to the
Verkhovna Rada of Ukraine take place on the last Sunday of March of the
fourth year of the term of authority of the Verkhovna Rada of Ukraine. Special elections to the
Verkhovna Rada of Ukraine are designated by the President of Ukraine and are
held within sixty days from the day of the publication of the decision on the
pre-term termination of authority of the Verkhovna Rada of Ukraine. The procedure for
conducting elections of National Deputies of Ukraine is established by law. Article 78
National Deputies of
Ukraine exercise their authority on a permanent basis. National Deputies of
Ukraine shall not have another representative mandate or be in the civil
service. Requirements concerning
the incompatibility of the mandate of the deputy with other types of activity
are established by law. Article 79
Before assuming office,
National Deputies of Ukraine take the following oath before the Verkhovna
Rada of Ukraine: "I swear allegiance
to Ukraine. I commit myself with all my deeds to protect the sovereignty and
independence of Ukraine, to provide for the good of the Motherland and for
the welfare of the Ukrainian people. I swear to abide by the
Constitution of Ukraine and the laws of Ukraine, to carry out my duties in
the interests of all compatriots." The oath is read by the
eldest National Deputy of Ukraine before the opening of the first session of
the newly-elected Verkhovna Rada of Ukraine, after which the deputies affirm
the oath with their signatures below its text. The refusal to take the
oath results in the loss of the mandate of the deputy. The authority of National
Deputies of Ukraine commences from the moment of the taking of the oath. Article 80
National Deputies of
Ukraine are guaranteed parliamentary immunity. National Deputies of
Ukraine are not legally liable for the results of voting or for statements
made in Parliament and in its bodies, with the exception of liability for
insult or defamation. National Deputies of
Ukraine shall not be held criminally liable, detained or arrested without the
consent of the Verkhovna Rada of Ukraine. Article 81
The authority of National
Deputies of Ukraine terminates simultaneously with the termination of
authority of the Verkhovna Rada of Ukraine. The authority of a
National Deputy of Ukraine terminates prior to the expiration of the term in
the event of: 1. his or her resignation through a personal statement; 2. a guilty verdict against him or her entering into legal force; 3. a court declaring him or her incompetent or missing; 4. termination of his or her citizenship or his or her departure from
Ukraine for permanent residence abroad; 5. his or her death. The decision about the
pre-term termination of authority of a National Deputy of Ukraine is adopted
by the majority of the constitutional composition of the Verkhovna Rada of
Ukraine. In the event a
requirement concerning incompatibility of the mandate of the deputy with
other types of activity is not fulfilled, the authority of the National
Deputy of Ukraine terminates prior to the expiration of the term on the basis
of the law pursuant to a court decision. Article 82
The Verkhovna Rada of
Ukraine works in sessions. The Verkhovna Rada of
Ukraine is competent on the condition that no less than two-thirds of its
constitutional composition has been elected. The Verkhovna Rada of
Ukraine assembles for its first session no later than on the thirtieth day
after the official announcement of the election results. The first meeting of the
Verkhovna Rada of Ukraine is opened by the eldest National Deputy of Ukraine. The operational procedure
of the Verkhovna Rada of Ukraine is established by the Constitution of
Ukraine and the law on the Rules of Procedure of the Verkhovna Rada of
Ukraine. Article 83
Regular sessions of the
Verkhovna Rada of Ukraine commence on the first Tuesday of February and on
the first Tuesday of September each year. Special sessions of the
Verkhovna Rada of Ukraine, with the stipulation of their agenda, are convoked
by the Chairman of the Verkhovna Rada of Ukraine, on the demand of no fewer
National Deputies of Ukraine than one-third of the constitutional composition
of the Verkhovna Rada of Ukraine, or on the demand of the President of Ukraine. In the event of the
introduction of martial law or of a state of emergency in Ukraine, the
Verkhovna Rada of Ukraine assembles within a period of two days without
convocation. In the event that the
term of authority of the Verkhovna Rada of Ukraine expires while martial law
or a state of emergency is in effect, its authority is extended until the day
of the first meeting of the first session of the Verkhovna Rada of Ukraine,
elected after the cancellation of martial law or of the state of emergency. Article 84
Meetings of the Verkhovna
Rada of Ukraine are conducted openly. A closed meeting is conducted on the
decision of the majority of the constitutional composition of the Verkhovna
Rada of Ukraine. Decisions of the
Verkhovna Rada of Ukraine are adopted exclusively at its plenary meetings by
voting. Voting at the meetings of
the Verkhovna Rada of Ukraine is performed by a National Deputy of Ukraine in
person. Article 85
The authority of the
Verkhovna Rada of Ukraine comprises: 1. introducing amendments to the Constitution of Ukraine within the
limits and by the procedure envisaged by Chapter XIII of this Constitution; 2. designating an All-Ukrainian referendum on issues determined by
Article 73 of this Constitution; 3. adopting laws; 4. approving the State Budget of Ukraine and introducing amendments to
it; controlling the implementation of the State Budget of Ukraine and
adopting decisions in regard to the report on its implementation; 5. determining the principles of domestic and foreign policy; 6. approving national programmes of economic, scientific and technical,
social, national and cultural development, and the protection of the
environment; 7. designating elections of the President of Ukraine within the terms
envisaged by this Constitution; 8. hearing annual and special messages of the President of Ukraine on the
domestic and foreign situation of Ukraine; 9. declaring war upon the submission of the President of Ukraine and
concluding peace, approving the decision of the President of Ukraine on the
use of the Armed Forces of Ukraine and other military formations in the event
of armed aggression against Ukraine; 10. removing the President of Ukraine from office in accordance with the
special procedure (impeachment) established by Article 111 of this
Constitution; 11. considering and adopting the decision in regard to the approval of the
Programme of Activity of the Cabinet of Ministers of Ukraine; 12. giving consent to the appointment of the Prime Minister of Ukraine by
the President of Ukraine; 13. exercising control over the activity of the Cabinet of Ministers of
Ukraine in accordance with this Constitution; 14. confirming decisions on granting loans and economic aid by Ukraine to
foreign states and international organisations and also decisions on Ukraine
receiving loans not envisaged by the State Budget of Ukraine from foreign
states, banks and international financial organisations, exercising control
over their use; 15. appointing or electing to office, dismissing from office, granting
consent to the appointment to and the dismissal from office of persons in
cases envisaged by this Constitution; 16. appointing to office and dismissing from office the Chairman and other
members of the Chamber of Accounting; 17. appointing to office and dismissing from office the Authorised Human
Rights Representative of the Verkhovna Rada of Ukraine; hearing his or her
annual reports on the situation of the observance and protection of human
rights and freedoms in Ukraine; 18. appointing to office and dismissing from office the Chairman of the
National Bank of Ukraine on the submission of the President of Ukraine; 19. appointing and dismissing one-half of the composition of the Council
of the National Bank of Ukraine; 20. appointing one-half of the composition of the National Council of
Ukraine on Television and Radio Broadcasting; 21. appointing to office and terminating the authority of the members of
the Central Electoral Commission on the submission of the President of
Ukraine; 22. confirming the general structure and numerical strength, and defining
the functions of the Armed Forces of Ukraine, the Security Service of Ukraine
and other military formations created in accordance with the laws of Ukraine,
and also the Ministry of Internal Affairs of Ukraine; 23. approving decisions on providing military assistance to other states,
on sending units of the Armed Forces of Ukraine to another state, or on
admitting units of armed forces of other states on to the territory of
Ukraine; 24. granting consent for the appointment to office and the dismissal from
office by the President of Ukraine of the Chairman of the Antimonopoly
Committee of Ukraine, the Chairman of the State Property Fund of Ukraine and
the Chairman of the State Com mittee on Television and Radio Broadcasting of
Ukraine; 25. granting consent for the appointment to office by the President of
Ukraine of the Procurator General of Ukraine; declaring no confidence in the
Procurator General of Ukraine that has the result of his or her resignation
from office; 26. appointing one-third of the composition of the Constitutional Court of
Ukraine; 27. electing judges for permanent terms; 28. terminating prior to the expiration of the term of authority of the
Verkhovna Rada of the Autonomous Republic of Crimea, based on the opinion of
the Constitutional Court of Ukraine that the Constitution of Ukraine or the
laws of Ukraine have been violated by the Verkhovna Rada of the Autonomous
Republic of Crimea; designating special elections to the Verkhovna Rada of
the Autonomous Republic of Crimea; 29. establishing and abolishing districts, establishing and altering the
boundaries of districts and cities, assigning inhabited localities to the
category of cities, naming and renaming inhabited localities and districts; 30. designating regular and special elections to bodies of local
self-government; 31. confirming, within two days from the moment of the address by the
President of Ukraine, decrees on the introduction of martial law or of a
state of emergency in Ukraine or in its particular areas, on total or partial
mobilisation, and on the annou ncement of particular areas as zones of an
ecological emergency situation; 32. granting consent to the binding character of international treaties of
Ukraine within the term established by law, and denouncing international
treaties of Ukraine; 33. exercising parliamentary control within the limits determined by this
Constitution; 34. adopting decisions on forwarding an inquiry to the President of
Ukraine on the demand of a National Deputy of Ukraine, a group of National
Deputies or a Committee of the Verkhovna Rada of Ukraine, previously
supported by no less than one-third of the constitutional composition of the
Verkhovna Rada of Ukraine; 35. appointing to office and dismissing from office the Head of Staff of
the Verkhovna Rada of Ukraine; approving the budget of the Verkhovna Rada of
Ukraine and the structure of its staff; 36. confirming the list of objects of the right of state property that are
not subject to privatisation; determining the legal principles for the
expropriation of objects of the right of private property. The Verkhovna Rada of
Ukraine exercises other powers ascribed to its competence in accordance with
the Constitution of Ukraine. Article 86
At a session of the
Verkhovna Rada of Ukraine, a National Deputy of Ukraine has the right to
present an inquiry to the bodies of the Verkhovna Rada of Ukraine, the
Cabinet of Ministers of Ukraine, chief officers of other bodies of state
power and bodies of local self-government, and also to the chief executives
of enterprises, institutions and organisations located on the territory of Ukraine,
irrespective of their subordination and forms of ownership. Chief officers of bodies
of state power and bodies of local self-government, chief executives of
enterprises, institutions and organisations are obliged to notify a National
Deputy of Ukraine of the results of the consideration of his or her inquiry. Article 87
The Verkhovna Rada of
Ukraine, on the proposal of no fewer National Deputies of Ukraine than
one-third of its constitutional composition, may consider the issue of
responsibility of the Cabinet of Ministers of Ukraine and adopt a resolution
of no conf idence in the Cabinet of Ministers of Ukraine by the majority of
the constitutional composition of the Verkhovna Rada of Ukraine. The issue of
responsibility of the Cabinet of Ministers of Ukraine shall not be considered
by the Verkhovna Rada of Ukraine more than once during one regular session,
and also within one year after the approval of the Programme of Activity of
the Cabinet of Ministers of Ukraine. Article 88
The Verkhovna Rada of
Ukraine elects from among its members the Chairman of the Verkhovna Rada of
Ukraine, the First Deputy Chairman and the Deputy Chairman of the Verkhovna
Rada of Ukraine, and recalls them. The Chairman of the
Verkhovna Rada of Ukraine: 1. presides at meetings of the Verkhovna Rada of Ukraine; 2. organises the preparation of issues for consideration at the meetings
of the Verkhovna Rada of Ukraine; 3. signs acts adopted by the Verkhovna Rada of Ukraine; 4. represents the Verkhovna Rada of Ukraine in relations with other
bodies of state power of Ukraine and with the bodies of power of other
states; 5. organises the work of the staff of the Verkhovna Rada of Ukraine. The Chairman of the
Verkhovna Rada of Ukraine exercises authority envisaged by this Constitution,
by the procedure established by law on the Rules of Procedure of the
Verkhovna Rada of Ukraine. Article 89
The Verkhovna Rada of
Ukraine confirms the list of Committees of the Verkhovna Rada of Ukraine, and
elects Chairmen to these Committees. The Committees of the
Verkhovna Rada of Ukraine perform the work of legislative drafting, prepare
and conduct the preliminary consideration of issues ascribed to the authority
of the Verkhovna Rada of Ukraine. The Verkhovna Rada of
Ukraine, within the limits of its authority, may establish temporary special
commissions for the preparation and the preliminary consideration of issues. To investigate issues of
public interest, the Verkhovna Rada of Ukraine establishes temporary
investigatory commissions, if no less than one-third of the constitutional
composition of the Verkhovna Rada of Ukraine has voted in favour thereof. The conclusions and
proposals of temporary investigatory commissions are not decisive for
investigation and court. The organisation and
operational procedure of Committees of the Verkhovna Rada of Ukraine, and
also its temporary special and temporary investigatory commissions, are
established by law. Article 90
The authority of the
Verkhovna Rada of Ukraine is terminated on the day of the opening of the
first meeting of the Verkhovna Rada of Ukraine of a new convocation. The President of Ukraine
may terminate the authority of the Verkhovna Rada of Ukraine prior to the
expiration of term, if within thirty days of a single regular session the
plenary meetings fail to commence. The authority of the
Verkhovna Rada of Ukraine, that is elected at special elections conducted
after the pre-term termination by the President of Ukraine of authority of
the Verkhovna Rada of Ukraine of the previous convocation, shall not be terminate
d within one year from the day of its election. The authority of the
Verkhovna Rada of Ukraine shall not be terminated prior to the expiration of
term within the last six months of the term of authority of the President of
Ukraine. Article 91
The Verkhovna Rada of
Ukraine adopts laws, resolutions and other acts by the majority of its
constitutional composition, except in cases envisaged by this Constitution. Article 92
The following are
determined exclusively by the laws of Ukraine: 1. human and citizens' rights and freedoms, the guarantees of these
rights and freedoms; the main duties of the citizen; 2. citizenship, the legal personality of citizens, the status of
foreigners and stateless persons; 3. the rights of indigenous peoples and national minorities; 4. the procedure for the use of languages; 5. the principles of the use of natural resources, the exclusive
(maritime) economic zone and the continental shelf, the exploration of outer
space, the organisation and operation of power supply systems, transportation
and communications; 6. the fundamentals of social protection, the forms and types of pension
provision; the principles of the regulation of labour and employment,
marriage, family, the protection of childhood, motherhood and fatherhood;
upbringing, education, culture and health care; ecological safety; 7. the legal regime of property; 8. the legal principles and guarantees of entrepreneurship; the rules of
competition and the norms of antimonopoly regulation; 9. the principles of foreign relations, foreign economic activity and
customs; 10. the principles of the regulation of demographic and migration
processes; 11. the principles of the establishment and activity of political parties,
other associations of citizens, and the mass media; 12. the organisation and activity of bodies of executive power, the
fundamentals of civil service, the organisation of state statistics and
informatics; 13. the territorial structure of Ukraine; 14. the judicial system, judicial proceedings, the status of judges, the
principles of judicial expertise, the organisation and operation of the
procuracy, the bodies of inquiry and investigation, the notary, the bodies
and institutions for the execution of punishments; the fundamentals of the
organisation and activity of the advocacy; 15. the principles of local self-government; 16. the status of the capital of Ukraine; the special status of other
cities; 17. the fundamentals of national security, the organisation of the Armed
Forces of Ukraine and ensuring public order; 18. the legal regime of the state border; 19. the legal regime of martial law and a state of emergency, zones of an
ecological emergency situation; 20. the organisation and procedure for conducting elections and
referendums; 21. the organisation and operational procedure of the Verkhovna Rada of
Ukraine, the status of National Deputies of Ukraine; 22. the principles of civil legal liability; acts that are crimes,
administrative or disciplinary offences, and liability for them. The following are
established exclusively by the laws of Ukraine: 1. the State Budget of Ukraine and the budgetary system of Ukraine; the
system of taxation, taxes and levies; the principles of the formation and
operation of financial, monetary, credit and investment markets; the status
of the national currency and also the status of foreign currencies on the
territory of Ukraine; the procedure for the formation and payment of state
domestic and foreign debt; the procedure for the issuance and circulation of
state securities, their types and forms; 2. the procedure for deploying units of the Armed Forces of Ukraine to
other states; the procedure for admitting and the terms for stationing units
of armed forces of other states on the territory of Ukraine; 3. units of weight, measure and time; the procedure for establishing
state standards; 4. the procedure for the use and protection of state symbols; 5. state awards; 6. military ranks, diplomatic and other special ranks; 7. state holidays; 8. the procedure for the establishment and functioning of free and other
special zones that have an economic and migration regime different from the
general regime. Amnesty is declared by
the law of Ukraine. Article 93
The right of legislative
initiative in the Verkhovna Rada of Ukraine belongs to the President of
Ukraine, the National Deputies of Ukraine, the Cabinet of Ministers of
Ukraine and the National Bank of Ukraine. Draft laws defined by the
President of Ukraine as not postponable, are considered out of turn by the
Verkhovna Rada of Ukraine. Article 94
The Chairman of the
Verkhovna Rada of Ukraine signs a law and forwards it without delay to the
President of Ukraine. Within fifteen days of
the receipt of a law, the President of Ukraine signs it, accepting it for
execution, and officially promulgates it, or returns it to the Verkhovna Rada
of Ukraine with substantiated and formulated proposals for repeat considerat
ion. In the event that the
President of Ukraine has not returned a law for repeat consideration within
the established term, the law is deemed to be approved by the President of
Ukraine and shall be signed and officially promulgated. If a law, during its
repeat consideration, is again adopted by the Verkhovna Rada of Ukraine by no
less than two-thirds of its constitutional composition, the President of
Ukraine is obliged to sign and to officially promulgate it within ten days. A law enters into force
in ten days from the day of its official promulgation, unless otherwise
envisaged by the law itself, but not prior to the day of its publication. Article 95
The budgetary system of
Ukraine is built on the principles of just and impartial distribution of
social wealth among citizens and territorial communities. Any state expenditures
for the needs of the entire society, the extent and purposes of these
expenditures, are determined exclusively by the law on the State Budget of
Ukraine. The State aspires to a
balanced budget of Ukraine. Regular reports on
revenues and expenditures of the State Budget of Ukraine shall be made
public. Article 96
The State Budget of
Ukraine is annually approved by the Verkhovna Rada of Ukraine for the period
from 1 January to 31 December, and under special circumstances for a
different period. The Cabinet of Ministers
of Ukraine submits the draft law on the State Budget of Ukraine for the
following year to the Verkhovna Rada of Ukraine no later than on 15 September
of each year. The report on the course of the implementation of the State
Budget of Ukraine in the current year is submitted together with the draft
law. Article 97
The Cabinet of Ministers
of Ukraine submits the report on the implementation of the State Budget of
Ukraine to the Verkhovna Rada of Ukraine in accordance with the law. The submitted report
shall be made public. Article 98
The Chamber of Accounting
exercises control over the use of finances of the State Budget of Ukraine on
behalf of the Verkhovna Rada of Ukraine. Article 99
The monetary unit of
Ukraine is the hryvnia. To ensure the stability
of the monetary unit is the major function of the central bank of the State —
the National Bank of Ukraine. Article 100
The Council of the
National Bank of Ukraine elaborates the basic principles of monetary and
credit policy and exercises control over its execution. The legal status of the
Council of the National Bank of Ukraine is determined by law. Article 101
The Authorised Human Rights
Representative of the Verkhovna Rada of Ukraine exercises parliamentary
control over the observance of constitutional human and citizens' rights and
freedoms. Chapter V President of Ukraine
Article 102
The President of Ukraine
is the Head of State and acts in its name. The President of Ukraine
is the guarantor of state sovereignty and territorial indivisibility of
Ukraine, the observance of the Constitution of Ukraine and human and
citizens' rights and freedoms. Article 103
The President of Ukraine
is elected by the citizens of Ukraine for a five-year term, on the basis of
universal, equal and direct suffrage, by secret ballot. A citizen of Ukraine who
has attained the age of thirty-five, has the right to vote, has resided in
Ukraine for the past ten years prior to the day of elections, and has command
of the state language, may be elected as the President of Ukraine. One and the same person
shall not be the President of Ukraine for more than two consecutive terms. The President of Ukraine
shall not have another representative mandate, hold office in bodies of state
power or in associations of citizens, and also perform any other paid or
entrepreneurial activity, or be a member of an administrative body or board
of supervisors of an enterprise that is aimed at making profit. Regular elections of the
President of Ukraine are held on the last Sunday of October of the fifth year
of the term of authority of the President of Ukraine. In the event of
pre-term termination of authority of the President of Ukraine, elections of
the President of Ukraine are held within ninety days from the day of
termination of the authority. The procedure for
conducting elections of the President of Ukraine is established by law. Article 104
The newly-elected
President of Ukraine assumes office no later than in thirty days after the
official announcement of the election results, from the moment of taking the
oath to the people at a ceremonial meeting of the Verkhovna Rada of Ukraine. The Chairman of the
Constitutional Court of Ukraine administers the oath to the President of
Ukraine. The President of Ukraine
takes the following oath: "I, (name and
surname), elected by the will of the people as the President of Ukraine,
assuming this high office, do solemnly swear allegiance to Ukraine. I pledge
with all my undertakings to protect the sovereignty and independence of
Ukraine, to provide for the good of the Motherland and the welfare of the
Ukrainian people, to protect the rights and freedoms of citizens, to abide by
the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in
the interests of all compatriots, and t o enhance the prestige of Ukraine in
the world." The President of Ukraine,
elected by special elections, takes the oath within five days after the
official announcement of the election results. Article 105
The President of Ukraine
enjoys the right of immunity during the term of authority. Persons guilty of
offending the honour and dignity of the President of Ukraine are brought to
responsibility on the basis of the law. The title of President of
Ukraine is protected by law and is reserved for the President for life,
unless the President of Ukraine has been removed from office by the procedure
of impeachment. Article 106
The President of Ukraine: 1. ensures state independence, national security and the legal succession
of the state; 2. addresses the people with messages and the Verkhovna Rada of Ukraine
with annual and special messages on the domestic and foreign situation of
Ukraine; 3. represents the state in international relations, administers the
foreign political activity of the State, conducts negotiations and concludes
international treaties of Ukraine; 4. adopts decisions on the recognition of foreign states; 5. appoints and dismisses heads of diplomatic missions of Ukraine to
other states and to international organisations; accepts credentials and
letters of recall of diplomatic representatives of foreign states; 6. designates an All-Ukrainian referendum regarding amendments to the
Constitution of Ukraine in accordance with Article 156 of this Constitution,
proclaims an All-Ukrainian referendum on popular initiative; 7. designates special elections to the Verkhovna Rada of Ukraine within
the terms established by this Constitution; 8. terminates the authority of the Verkhovna Rada of Ukraine, if the
plenary meetings fail to commence within thirty days of one regular session; 9. appoints the Prime Minister of Ukraine with the consent of the
Verkhovna Rada of Ukraine; terminates the authority of the Prime Minister of
Ukraine and adopts a decision on his or her resignation; 10. appoints, on the submission of the Prime Minister of Ukraine, members
of the Cabinet of Ministers of Ukraine, chief officers of other central
bodies of executive power, and also the heads of local state administrations,
and terminates their author ity in these positions; 11. appoints the Procurator General of Ukraine to office with the consent
of the Verkhovna Rada of Ukraine, and dismisses him or her from office; 12. appoints one-half of the composition of the Council of the National
Bank of Ukraine; 13. appoints one-half of the composition of the National Council of
Ukraine on Television and Radio Broadcasting; 14. appoints to office and dismisses from office, with the consent of the
Verkhovna Rada of Ukraine, the Chairman of the Antimonopoly Committee of
Ukraine, the Chairman of the State Property Fund of Ukraine and the Chairman
of the State Committee on Television and Radio Broadcasting of Ukraine; 15. establishes, reorganises and liquidates, on the submission of the Prime
Minister of Ukraine, ministries and other central bodies of executive power,
acting within the limits of funding envisaged for the maintenance of bodies
of executive power; 16. revokes acts of the Cabinet of Ministers of Ukraine and acts of the
Council of Ministers of the Autonomous Republic of Crimea; 17. is the Commander-in-Chief of the Armed Forces of Ukraine; appoints to
office and dismisses from office the high command of the Armed Forces of
Ukraine and other military formations; administers in the spheres of national
security and defence of th e State; 18. heads the Council of National Security and Defence of Ukraine; 19. forwards the submission to the Verkhovna Rada of Ukraine on the
declaration of a state of war, and adopts the decision on the use of the Armed
Forces in the event of armed aggression against Ukraine; 20. adopts a decision in accordance with the law on the general or partial
mobilisation and the introduction of martial law in Ukraine or in its
particular areas, in the event of a threat of aggression, danger to the state
independence of Ukraine; 21. adopts a decision, in the event of necessity, on the introduction of a
state of emergency in Ukraine or in its particular areas, and also in the
event of necessity, declares certain areas of Ukraine as zones of an
ecological emergency situation — with subsequent confirmation of these
decisions by the Verkhovna Rada of Ukraine; 22. appoints one-third of the composition to the Constitutional Court of
Ukraine; 23. establishes courts by the procedure determined by law; 24. confers high military ranks, high diplomatic and other high special
ranks and class orders; 25. confers state awards; establishes presidential distinctions and
confers them; 26. adopts decisions on the acceptance for citizenship of Ukraine and the
termination of citizenship of Ukraine, and on the granting of asylum in
Ukraine; 27. grants pardons; 28. creates, within the limits of the funds envisaged in the State Budget
of Ukraine, consultative, advisory and other subsidiary bodies and services
for the exercise of his or her authority; 29. signs laws adopted by the Verkhovna Rada of Ukraine; 30. has the right to veto laws adopted by the Verkhovna Rada of Ukraine
with their subsequent return for repeat consideration by the Verkhovna Rada
of Ukraine; 31. exercises other powers determined by the Constitution of Ukraine. The President of Ukraine
shall not transfer his or her powers to other persons or bodies. The President of Ukraine,
on the basis and for the execution of the Constitution and the laws of
Ukraine, issues decrees and directives that are mandatory for execution on
the territory of Ukraine. Acts of the President of
Ukraine, issued within the limits of authority as envisaged in subparagraphs
3, 4, 5, 8, 10, 14, 15, 17, 18, 21, 22, 23 and 24 of this Article, are
co-signed by the Prime Minister of Ukraine and the Minister responsible for
th e act and its execution. Article 107
The Council of National
Security and Defence of Ukraine is the co-ordinating body to the President of
Ukraine on issues of national security and defence. The Council of National
Security and Defence of Ukraine co-ordinates and controls the activity of
bodies of executive power in the sphere of national security and defence. The President of Ukraine
is the Chairman of the Council of National Security and Defence of Ukraine. The President of Ukraine
forms the personal composition of the Council of National Security and
Defence of Ukraine. The Prime Minister of
Ukraine, the Minister of Defence of Ukraine, the Head of the Security Service
of Ukraine, the Minister of Internal Affairs of Ukraine and the Minister of
Foreign Affairs of Ukraine, are ex officio members of the Council of Nation
al Security and Defence of Ukraine. The Chairman of the
Verkhovna Rada of Ukraine may take part in the meetings of the Council of
National Security and Defence of Ukraine. Decisions of the Council
of National Security and Defence of Ukraine are put into effect by decrees of
the President of Ukraine. The competence and
functions of the Council of National Security and Defence of Ukraine are
determined by law. Article 108
The President of Ukraine
exercises his or her powers until the assumption of office by the
newly-elected President of Ukraine. The powers of the
President of Ukraine terminate prior to the expiration of term in cases of: 1. resignation; 2. inability to exercise his or her powers for reasons of health; 3. removal from office by the procedure of impeachment; 4. death. Article 109
The resignation of the
President of Ukraine enters into force from the moment he or she personally
announces the statement of resignation at a meeting of the Verkhovna Rada of
Ukraine. Article 110
The inability of the
President of Ukraine to exercise his or her powers for reasons of health
shall be determined at a meeting of the Verkhovna Rada of Ukraine and
confirmed by a decision adopted by the majority of its constitutional
composition on th e basis of a petition of the Supreme Court of Ukraine – on
the appeal of the Verkhovna Rada of Ukraine, and a medical opinion. Article 111
The President of Ukraine
may be removed from office by the Verkhovna Rada of Ukraine by the procedure
of impeachment, in the event that he or she commits state treason or other
crime. The issue of the removal
of the President of Ukraine from office by the procedure of impeachment is
initiated by the majority of the constitutional composition of the Verkhovna
Rada of Ukraine. To conduct the
investigation, the Verkhovna Rada of Ukraine establishes a special temporary
investigatory commission whose composition includes a special procurator and
special investigators. The conclusions and
proposals of the temporary investigatory commission are considered at a
meeting of the Verkhovna Rada of Ukraine. For cause, the Verkhovna
Rada of Ukraine, by no less than two-thirds of its constitutional
composition, adopts a decision on the accusation of the President of Ukraine. The decision on the
removal of the President of Ukraine from office by the procedure of
impeachment is adopted by the Verkhovna Rada of Ukraine by no less than
three-quarters of its constitutional composition, after the review of the
case by the Const itutional Court of Ukraine and the receipt of its opinion
on the observance of the constitutional procedure of investigation and
consideration of the case of impeachment, and the receipt of the opinion of
the Supreme Court of Ukraine to the effect that th e acts, of which the
President of Ukraine is accused, contain elements of state treason or other
crime. Article 112
In the event of the
pre-term termination of authority of the President of Ukraine in accordance
with Articles 108, 109, 110 and 111 of this Constitution, the execution of
duties of the President of Ukraine, for the period pending the elections and
the assumption of office of the new President of Ukraine, is vested in the
Prime Minister of Ukraine. The Prime Minister of Ukraine, for the period of
executing the duties of the President of Ukraine, shall not exercise the
powers envisaged by subparagraphs 2, 6, 8, 10, 11, 12, 14, 15, 16, 22, 25 and
27 of Article 106 of the Constitution of Ukraine. Chapter VI Cabinet of Ministers of Ukraine. Other Bodies of Executive
Power
Article 113
The Cabinet of Ministers
of Ukraine is the highest body in the system of bodies of executive power. The Cabinet of Ministers
of Ukraine is responsible to the President of Ukraine and is under the
control of and accountable to the Verkhovna Rada of Ukraine within the limits
envisaged in Articles 85 and 87 of the Constitution of Ukraine. The Cabinet of Ministers
of Ukraine is guided in its activity by the Constitution and the laws of
Ukraine and by the acts of the President of Ukraine. Article 114
The Cabinet of Ministers
of Ukraine is composed of the Prime Minister of Ukraine, the First Vice Prime
Minister, three Vice Prime Ministers and the Ministers. The Prime Minister of
Ukraine is appointed by the President of Ukraine with the consent of more
than one-half of the constitutional composition of the Verkhovna Rada of
Ukraine. The personal composition
of the Cabinet of Ministers of Ukraine is appointed by the President of
Ukraine on the submission of the Prime Minister of Ukraine. The Prime Minister of
Ukraine manages the work of the Cabinet of Ministers of Ukraine and directs
it for the implementation of the Programme of Activity of the Cabinet of
Ministers of Ukraine adopted by the Verkhovna Rada of Ukraine. The Prime Minister of
Ukraine forwards a submission to the President of Ukraine on the
establishment, reorganisation and liquidation of ministries and other central
bodies of executive power, within the funds envisaged by the State Budget of
Ukraine for the maintenance of these bodies. Article 115
The Cabinet of Ministers
of Ukraine tenders its resignation to the newly-elected President of Ukraine. The Prime Minister of
Ukraine, other members of the Cabinet of Ministers of Ukraine, have the right
to announce their resignation to the President of Ukraine. The resignation of the
Prime Minister of Ukraine results in the resignation of the entire Cabinet of
Ministers of Ukraine. The adoption of a
resolution of no confidence in the Cabinet of Ministers of Ukraine by the
Verkhovna Rada of Ukraine results in the resignation of the Cabinet of
Ministers of Ukraine. The Cabinet of Ministers,
whose resignation is accepted by the President of Ukraine, continues to
exercise its powers by commission of the President, until a newly-formed
Cabinet of Ministers of Ukraine commences its operation, but no longer than
for sixty days. The Prime Minister of
Ukraine is obliged to submit a statement of resignation of the Cabinet of
Ministers of Ukraine to the President of Ukraine following a decision by the
President of Ukraine or in connection with the adoption of the resolution of
no confidence by the Verkhovna Rada of Ukraine. Article 116
The Cabinet of Ministers
of Ukraine: 1. ensures the state sovereignty and economic independence of Ukraine,
the implementation of domestic and foreign policy of the State, the execution
of the Constitution and the laws of Ukraine, and the acts of the President of
Ukraine; 2. takes measures to ensure human and citizens' rights and freedoms; 3. ensures the implementation of financial, pricing, investment and
taxation policy; the policy in the spheres of labour and employment of the
population, social security, education, science and culture, environmental
protection, ecological safety and the utilisation of nature; 4. elaborates and implements national programmes of economic, scientific
and technical, and social and cultural development of Ukraine; 5. ensures equal conditions of development of all forms of ownership;
administers the management of objects of state property in accordance with
the law; 6. elaborates the draft law on the State Budget of Ukraine and ensures
the implementation of the State Budget of Ukraine approved by the Verkhovna Rada
of Ukraine, and submits a report on its implementation to the Verkhovna Rada
of Ukraine; 7. takes measures to ensure the defence capability and national security
of Ukraine, public order and to combat crime; 8. organises and ensures the implementation of the foreign economic
activity of Ukraine, and the operation of customs; 9. directs and co-ordinates the operation of ministries and other bodies
of executive power; 10. performs other functions determined by the Constitution and the laws
of Ukraine, and the acts of the President of Ukraine. Article 117
The Cabinet of Ministers
of Ukraine, within the limits of its competence, issues resolutions and
orders that are mandatory for execution. Acts of the Cabinet of
Ministers of Ukraine are signed by the Prime Minister of Ukraine. Normative legal acts of
the Cabinet of Ministers of Ukraine, ministries and other central bodies of
executive power, are subject to registration through the procedure
established by law. Article 118
The executive power in
oblasts, districts, and in the Cities of Kyiv and Sevastopol is exercised by
local state administrations. Particular aspects of the
exercise of executive power in the Cities of Kyiv and Sevastopol are
determined by special laws of Ukraine. The composition of local
state administrations is formed by heads of local state administrations. Heads of local state
administrations are appointed to office and dismissed from office by the
President of Ukraine upon the submission of the Cabinet of Ministers of
Ukraine. In the exercise of their
duties, the heads of local state administrations are responsible to the
President of Ukraine and to the Cabinet of Ministers of Ukraine, and are
accountable to and under the control of bodies of executive power of a higher
lev el. Local state administrations
are accountable to and under the control of councils in the part of the
authority delegated to them by the respective district or oblast councils. Local state
administrations are accountable to and under the control of the bodies of
executive power of a higher level. Decisions of the heads of
local state administrations that contravene the Constitution and the laws of
Ukraine, other acts of legislation of Ukraine, may be revoked by the
President of Ukraine or by the head of the local state administration of a
higher level, in accordance with the law. An oblast or district
council may express no confidence in the head of the respective local state
administration, on which grounds the President of Ukraine adopts a decision
and provides a substantiated reply. If two-thirds of the
deputies of the composition of the respective council express no confidence
in the head of a district or oblast state administration, the President of
Ukraine adopts a decision on the resignation of the head of the local state
adm inistration. Article 119
Local state
administrations on their respective territory ensure: 1. the execution of the Constitution and the laws of Ukraine, acts of the
President of Ukraine, acts of the Cabinet of Ministers of Ukraine and other
bodies of executive power; 2. legality and legal order; the observance of laws and freedoms of
citizens; 3. the implementation of national and regional programmes for
socio-economic and cultural development, programmes for environmental
protection, and also — in places of compact residence of indigenous peoples
and national minorities — programmes for their national and cultural
development; 4. the preparation and implementation of respective oblast and district
budgets; 5. the report on the implementation of respective budgets and programmes;
6. interaction with bodies of local self-government; 7. the realisation of other powers vested by the state and also delegated
by the respective councils. Article 120
Members of the Cabinet of
Ministers of Ukraine and chief officers of central and local bodies of
executive power do not have the right to combine their official activity with
other work, except teaching, scholarly and creative activity outside of
working hours, or to be members of an administrative body or board of
supervisors of an enterprise that is aimed at making profit. The organisation,
authority and operational procedure of the Cabinet of Ministers of Ukraine,
and other central and local bodies of executive power, are determined by the
Constitution and the laws of Ukraine. Chapter VII Procuracy
Article 121
The Procuracy of Ukraine
constitutes a unified system that is entrusted with: 1. prosecution in court on behalf of the State; 2. representation of the interests of a citizen or of the State in court
in cases determined by law; 3. supervision of the observance of laws by bodies that conduct detective
and search activity, inquiry and pre-trial investigation; 4. supervision of the observance of laws in the execution of judicial
decisions in criminal cases, and also in the application of other measures of
coercion related to the restraint of personal liberty of citizens. Article 122
The Procuracy of Ukraine
is headed by the Procurator General of Ukraine, who is appointed to office
with the consent of the Verkhovna Rada of Ukraine, and dismissed from office
by the President of Ukraine. The Verkhovna Rada of Ukraine may express no
confidence in the Procurator General of Ukraine that results in his or her
resignation from office. The term of authority of
the Procurator General of Ukraine is five years. Article 123
The organisation and
operational procedure for the bodies of the Procuracy of Ukraine are
determined by law. Chapter VIII Justice
Article
124
Justice in Ukraine is
administered exclusively by the courts. The delegation of the functions of
the courts, and also the appropriation of these functions by other bodies or
officials, shall not be permitted. The jurisdiction of the
courts extends to all legal relations that arise in the State. Judicial proceedings are
performed by the Constitutional Court of Ukraine and courts of general
jurisdiction. The people directly
participate in the administration of justice through people's assessors and
jurors. Judicial decisions are
adopted by the courts in the name of Ukraine and are mandatory for execution
throughout the entire territory of Ukraine. Article 125
In Ukraine, the system of
courts of general jurisdiction is formed in accordance with the territorial
principle and the principle of specialisation. The Supreme Court of
Ukraine is highest judicial body in the system of courts of general
jurisdiction. The respective high
courts are the highest judicial bodies of specialised courts. Courts of appeal and
local courts operate in accordance with the law. The creation of
extraordinary and special courts shall not be permitted. Article 126
The independence and
immunity of judges are guaranteed by the Constitution and the laws of
Ukraine. Influencing judges in any
manner is prohibited. A judge shall not be
detained or arrested without the consent of the Verkhovna Rada of Ukraine,
until a verdict of guilty is rendered by a court. Judges hold office for
permanent terms, except judges of the Constitutional Court of Ukraine, and
judges appointed to the office of judge for the first time. A judge is dismissed from
office by the body that elected or appointed him or her in the event of: 1. the expiration of the term for which he or she was elected or
appointed; 2. the judge's attainment of the age of sixty-five; 3. the impossibility to exercise his or her authority for reasons of
health; 4. the violation by the judge of requirements concerning incompatibility;
5. the breach of oath by the judge; 6. the entry into legal force of a verdict of guilty against him or her; 7. the termination of his or her citizenship; 8. the declaration that he or she is missing, or the pronouncement that
he or she is dead; 9. the submission by the judge of a statement of resignation or of
voluntary dismissal from office. The authority of the
judge terminates in the event of his or her death. The State ensures the
personal security of judges and their families. Article 127
Justice is administered
by professional judges and, in cases determined by law, people's assessors
and jurors. Professional judges shall
not belong to political parties and trade unions, take part in any political
activity, hold a representative mandate, occupy any other paid positions,
perform other remunerated work except scholarly, teaching and creative act
ivity. A citizen of Ukraine, not
younger than the age of twenty-five, who has a higher legal education and has
work experience in the sphere of law for no less than three years, has
resided in Ukraine for no less than ten years and has command of the state
language, may be recommended for the office of judge by the Qualification
Commission of Judges. Persons with professional
training in issues of jurisdiction of specialised courts may be judges of
these courts. These judges administer justice only as members of a collegium
of judges. Additional requirements
for certain categories of judges in terms of experience, age and their
professional level are established by law. Protection of the
professional interests of judges is exercised by the procedure established by
law. Article 128
The first appointment of
a professional judge to office for a five-year term is made by the President
of Ukraine. All other judges, except the judges of the Constitutional Court
of Ukraine, are elected by the Verkhovna Rada of Ukraine for permanent terms
by the procedure established by law. The Chairman of the
Supreme Court of Ukraine is elected to office and dismissed from office by
the Plenary Assembly of the Supreme Court of Ukraine by secret ballot, by the
procedure established by law. Article 129
In the administration of
justice, judges are independent and subject only to the law. Judicial proceedings are
conducted by a single judge, by a panel of judges, or by a court of the jury. The main principles of
judicial proceedings are: 1. legality; 2. equality before the law and the court of all participants in a trial; 3. ensuring that the guilt is proved; 4. adversarial procedure and freedom of the parties to present their
evidence to the court and to prove the weight of evidence before the court; 5. prosecution by the procurator in court on behalf of the State; 6. ensuring the right of an accused person to a defence; 7. openness of a trial and its complete recording by technical means; 8. ensuring complaint of a court decision by appeal and cassation, except
in cases established by law; 9. the mandatory nature of court decisions. The law may also
determine other principles of judicial proceedings in courts of specific
judicial jurisdiction. Persons guilty of
contempt of court or of showing disrespect toward the judge are brought to
legal liability. Article 130
The State ensures funding
and proper conditions for the operation of courts and the activity of judges.
Expenditures for the maintenance of courts are allocated separately in the
State Budget of Ukraine. Judges' self-management
operates to resolve issues of the internal affairs of courts. Article 131
The High Council of
Justice operates in Ukraine, whose competence comprises: 1. forwarding submissions on the appointment of judges to office or on
their dismissal from office; 2. adopting decisions in regard to the violation by judges and
procurators of the requirements concerning incompatibility; 3. exercising disciplinary procedure in regard to judges of the Supreme
Court of Ukraine and judges of high specialised courts, and the consideration
of complaints regarding decisions on bringing to disciplinary liability
judges of courts of appeal an d local courts, and also procurators. The High Council of
Justice consists of twenty members. The Verkhovna Rada of Ukraine, the
President of Ukraine, the Congress of Judges of Ukraine, the Congress of
Advocates of Ukraine, and the Congress of Representatives of Higher Legal
Educational Establishments and Scientific Institutions, each appoint three
members to the High Council of Justice, and the All-Ukrainian Conference of
Employees of the Procuracy — two members of the High Council of Justice. The Chairman of the
Supreme Court of Ukraine, the Minister of Justice of Ukraine and the
Procurator General of Ukraine are ex officio members of the High Council of
Justice. Chapter IX Territorial Structure of Ukraine
Article 132
The territorial structure
of Ukraine is based on the principles of unity and indivisibility of the
state territory, the combination of centralisation and decentralisation in
the exercise of state power, and the balanced socio-economic development of
regions that takes into account their historical, economic, ecological,
geographical and demographic characteristics, and ethnic and cultural
traditions. Article 133
The system of the
administrative and territorial structure of Ukraine is composed of the
Autonomous Republic of Crimea, oblasts, districts, cities, city districts,
settlements and villages. Ukraine is composed of
the Autonomous Republic of Crimea, Vinnytsia Oblast, Volyn Oblast,
Dnipropetrovsk Oblast, Donetsk Oblast, Zhytomyr Oblast, Zakarpattia Oblast,
Zaporizhia Oblast, Ivano-Frankivsk Oblast, Kyiv Oblast, Kirovohrad Oblast,
Luhansk Oblast, Lviv Oblast, Mykolaiv Oblast, Odesa Oblast, Poltava Oblast,
Rivne Oblast, Sumy Oblast, Ternopil Oblast, Kharkiv Oblast, Kherson Oblast,
Khmelnytskyi Oblast, Cherkasy Oblast, Chernivtsi Oblast and Chernihiv Oblast,
and the Cities of Kyiv and Sevastop ol. The Cities of Kyiv and
Sevastopol have special status that is determined by the laws of Ukraine. Chapter X Autonomous Republic of Crimea
Article 134
The Autonomous Republic
of Crimea is an inseparable constituent part of Ukraine and decides on the
issues ascribed to its competence within the limits of authority determined
by the Constitution of Ukraine. Article 135
The Autonomous Republic
of Crimea has the Constitution of the Autonomous Republic of Crimea that is
adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and
approved by the Verkhovna Rada of Ukraine by no less than one-half of the
constitutional composition of the Verkhovna Rada of Ukraine. Normative legal acts of
the Verkhovna Rada of the Autonomous Republic of Crimea and decisions of the
Council of Ministers of the Autonomous Republic of Crimea shall not
contradict the Constitution and the laws of Ukraine and are adopted in
accordance with the Constitution of Ukraine, the laws of Ukraine, acts of the
President of Ukraine and the Cabinet of Ministers of Ukraine, and for their
execution. Article 136
The Verkhovna Rada of the
Autonomous Republic of Crimea, within the limits of its authority, is the
representative body of the Autonomous Republic of Crimea. The Verkhovna Rada of the
Autonomous Republic of Crimea adopts decisions and resolutions that are
mandatory for execution in the Autonomous Republic of Crimea. The Council of Ministers
of the Autonomous Republic of Crimea is the government of the Autonomous
Republic of Crimea. The Head of the Council of Ministers of the Autonomous
Republic of Crimea is appointed to office and dismissed from office by the Ve
rkhovna Rada of the Autonomous Republic of Crimea with the consent of the
President of Ukraine. The authority, the
procedure for the formation and operation of the Verkhovna Rada of the
Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous
Republic of Crimea, are determined by the Constitution of Ukraine and the
laws of Ukraine, and by normative legal acts of the Verkhovna Rada of the
Autonomous Republic of Crimea on issues ascribed to its competence. In the Autonomous
Republic of Crimea, justice is administered by courts that belong to the
unified system of courts of Ukraine. Article 137
The Autonomous Republic
of Crimea exercises normative regulation on the following issues: 1. agriculture and forestry; 2. land reclamation and mining; 3. public works, crafts and trades; charity; 4. city construction and housing management; 5. tourism, hotel business, fairs; 6. museums, libraries, theatres, other cultural establishments,
historical and cultural preserves; 7. public transportation, roadways, water supply; 8. unting and fishing; 9. sanitary and hospital services. For reasons of
nonconformity of normative legal acts of the Verkhovna Rada of the Autonomous
Republic of Crimea with the Constitution of Ukraine and the laws of Ukraine,
the President of Ukraine may suspend these normative legal acts of the
Verkhovna Rada of the Autonomous Republic of Crimea with a simultaneous
appeal to the Constitutional Court of Ukraine in regard to their
constitutionality. Article 138
The competence of the
Autonomous Republic of Crimea comprises: 1. designating elections of deputies to the Verkhovna Rada of the
Autonomous Republic of Crimea, approving the composition of the electoral
commission of the Autonomous Republic of Crimea; 2. organising and conducting local referendums; 3. managing property that belongs to the Autonomous Republic of Crimea; 4. elaborating, approving and implementing the budget of the Autonomous
Republic of Crimea on the basis of the uniform tax and budget policy of
Ukraine; 5. elaborating, approving and realising programmes of the Autonomous
Republic of Crimea for socio-economic and cultural development, the rational
utilisation of nature, and environmental protection in accordance with
national programmes; 6. recognising the status of localities as resorts; establishing zones
for the sanitary protection of resorts; 7. participating in ensuring the rights and freedoms of citizens,
national harmony, the promotion of the protection of legal order and public
security; 8. ensuring the operation and development of the state language and
national languages and cultures in the Autonomous Republic of Crimea;
protection and use of historical monuments; 9. participating in the development and realisation of state programmes
for the return of deported peoples; 10. initiating the introduction of a state of emergency and the
establishment of zones of an ecological emergency situation in the Autonomous
Republic of Crimea or in its particular areas. Other powers may also be
delegated to the Autonomous Republic of Crimea by the laws of Ukraine. Article 139
The Representative Office
of the President of Ukraine, whose status is determined by the law of
Ukraine, operates in the Autonomous Republic of Crimea. Chapter XI Local Self-Government
Article 140
Local self-government is
the right of a territorial community — residents of a village or a voluntary
association of residents of several villages into one village community,
residents of a settlement, and of a city — to independently resolve issues of
local character within the limits of the Constitution and the laws of
Ukraine. Particular aspects of the
exercise of local self-government in the Cities of Kyiv and Sevastopol are
determined by special laws of Ukraine. Local self-government is
exercised by a territorial community by the procedure established by law,
both directly and through bodies of local self-government: village,
settlement and city councils, and their executive bodies. District and oblast
councils are bodies of local self-government that represent the common
interests of territorial communities of villages, settlements and cities. The issue of organisation
of the administration of city districts lies within the competence of city
councils. Village, settlement and
city councils may permit, upon the initiative of residents, the creation of
house, street, block and other bodies of popular self-organisation, and to
assign them part of their own competence, finances and property. Article 141
A village, settlement and
city council is composed of deputies elected for a four-year term by residents
of a village, settlement and city on the basis of universal, equal and direct
suffrage, by secret ballot. Territorial communities
elect for a four-year-term on the basis of universal, equal and direct
suffrage, by secret ballot, the head of the village, settlement and city,
respectively, who leads the executive body of the council and presides at its
meet ings. The status of heads,
deputies and executive bodies of a council and their authority, the procedure
for their establishment, reorganisation and liquidation, are determined by
law. The chairman of a
district council and the chairman of an oblast council are elected by the
respective council and lead the executive staff of the council. Article 142
The material and
financial basis for local self-government is movable and immovable property,
revenues of local budgets, other funds, land, natural resources owned by
territorial communities of villages, settlements, cities, city districts, and
also objects of their common property that are managed by district and oblast
councils. On the basis of
agreement, territorial communities of villages, settlements and cities may
join objects of communal property as well as budget funds, to implement joint
projects or to jointly finance (maintain) communal enterprises, organisations
and establishments, and create appropriate bodies and services for this
purpose. The State participates in
the formation of revenues of the budget of local self-government and
financially supports local self-government. Expenditures of bodies of local
self-government, that arise from the decisions of bodies of state power, are
compensated by the state. Article 143
Territorial communities
of a village, settlement and city, directly or through the bodies of local
self-government established by them, manage the property that is in communal
ownership; approve programmes of socio-economic and cultural development, and
control their implementation; approve budgets of the respective
administrative and territorial units, and control their implementation;
establish local taxes and levies in accordance with the law; ensure the
holding of local referendums and the impleme ntation of their results;
establish, reorganise and liquidate communal enterprises, organisations and
institutions, and also exercise control over their activity; resolve other
issues of local importance ascribed to their competence by law. Oblast and district
councils approve programmes for socio-economic and cultural development of
the respective oblasts and districts, and control their implementation;
approve district and oblast budgets that are formed from the funds of the
state budg et for their appropriate distribution among territorial
communities or for the implementation of joint projects, and from the funds
drawn on the basis of agreement from local budgets for the realisation of
joint socio-economic and cultural programmes, and control their
implementation; resolve other issues ascribed to their competence by law. Certain powers of bodies
of executive power may be assigned by law to bodies of local self-government.
The State finances the exercise of these powers from the State Budget of
Ukraine in full or through the allocation of certain national taxes to the
local budget, by the procedure established by law, transfers the relevant
objects of state property to bodies of local self-government. Bodies of local
self-government, on issues of their exercise of powers of bodies of executive
power, are under the control of the respective bodies of executive power. Article 144
Bodies of local
self-government, within the limits of authority determined by law, adopt
decisions that are mandatory for execution throughout the respective
territory. Decisions of bodies of
local self-government, for reasons of nonconformity with the Constitution or
the laws of Ukraine, are suspended by the procedure established by law with a
simultaneous appeal to a court. Article 145
The rights of local
self-government are protected by judicial procedure. Article 146
Other issues of the
organisation of local self-government, the formation, operation and
responsibility of the bodies of local self-government, are determined by law. Chapter XII Constitutional Court of Ukraine
Article 147
The Constitutional Court
of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court
of Ukraine decides on issues of conformity of laws and other legal acts with
the Constitution of Ukraine and provides the official interpretation of the
Constitution of Ukraine and the laws of Ukraine. Article 148
The Constitutional Court
of Ukraine is composed of eighteen judges of the Constitutional Court of
Ukraine. The President of Ukraine,
the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each
appoint six judges to the Constitutional Court of Ukraine. A citizen of Ukraine who
has attained the age of forty on the day of appointment, has a higher legal
education and professional experience of no less than ten years, has resided
in Ukraine for the last twenty years, and has command of the state language,
may be a judge of the Constitutional Court of Ukraine. A judge of the
Constitutional Court of Ukraine is appointed for nine years without the right
of appointment to a repeat term. The Chairman of the
Constitutional Court of Ukraine is elected by secret ballot only for one
three-year term at a special plenary meeting of the Constitutional Court of
Ukraine from among the judges of the Constitutional Court of Ukraine. Article 149
Judges of the
Constitutional Court of Ukraine are subject to the guarantees of independence
and immunity and to the grounds for dismissal from office envisaged by
Article 126 of this Constitution, and the requirements concerning
incompatibility as determined in Article 127, paragraph two of this
Constitution. Article 150
The authority of the
Constitutional Court of Ukraine comprises: 1. deciding on issues of
conformity with the Constitution of Ukraine (constitutionality) of the
following: laws and other legal acts of the Verkhovna
Rada of Ukraine; These issues are
considered on the appeals of: the President of Ukraine; no less than
forty-five National Deputies of Ukraine; the Supreme Court of Ukraine; the
Authorised Human Rights Representative of the Verkhovna Rada of Ukraine; the
Verkhovna Rada of the Autonomous Republic of Crimea; 2. the official
interpretation of the Constitution of Ukraine and the laws of Ukraine; On issues envisaged by
this Article, the Constitutional Court of Ukraine adopts decisions that are
mandatory for execution throughout the territory of Ukraine, that are final
and shall not be appealed. Article 151
The Constitutional Court
of Ukraine, on the appeal of the President of Ukraine or the Cabinet of
Ministers of Ukraine, provides opinions on the conformity with the
Constitution of Ukraine of international treaties of Ukraine that are in
force, or the international treaties submitted to the Verkhovna Rada of
Ukraine for granting agreement on their binding nature. Article 152
Laws and other legal
acts, by the decision of the Constitutional Court of Ukraine, are deemed to
be unconstitutional, in whole or in part, in the event that they do not
conform to the Constitution of Ukraine, or if there was a violation of the
procedu re established by the Constitution of Ukraine for their review,
adoption or their entry into force. Article 153
The procedure for the
organisation and operation of the Constitutional Court of Ukraine, and the
procedure for its review of cases, are determined by law. Chapter XIII Introducing Amendments to the Constitution of Ukraine
Article 154
A draft law on
introducing amendments to the Constitution of Ukraine may be submitted to the
Verkhovna Rada of Ukraine by the President of Ukraine, or by no fewer
National Deputies of Ukraine than one-third of the constitutional composition
of the Verkhovna Rada of Ukraine. Article 155
A draft law on
introducing amendments to the Constitution of Ukraine, with the exception of
Chapter I — "General Principles," Chapter III — "Elections.
Referendum," and Chapter XIII — "Introducing Amendments to the
Constitution of Ukraine," previously adopted by the majority of the
constitutional composition of the Verkhovna Rada of Ukraine, is deemed to be
adopted, if at the next regular session of the Verkhovna Rada of Ukraine, no
less than two-thirds of the constitutional composition of the Verkhov na Rada
of Ukraine have voted in favour thereof. Article 156
A draft law on
introducing amendments to Chapter I — "General Principles," Chapter
III — "Elections. Referendum," and Chapter XIII — "Introducing
Amendments to the Constitution of Ukraine," is submitted to the
Verkhovna Rada of Ukraine by the Presiden t of Ukraine, or by no less than
two-thirds of the constitutional composition of the Verkhovna Rada of
Ukraine, and on the condition that it is adopted by no less than two-thirds
of the constitutional composition of the Verkhovna Rada of Ukraine, and is a
pproved by an All-Ukrainian referendum designated by the President of
Ukraine. The repeat submission of
a draft law on introducing amendments to Chapters I, III and XIII of this
Constitution on one and the same issue is possible only to the Verkhovna Rada
of Ukraine of the next convocation. Article 157
The Constitution of
Ukraine shall not be amended, if the amendments foresee the abolition or
restriction of human and citizens' rights and freedoms, or if they are
oriented toward the liquidation of the independence or violation of the
territorial indivisibility of Ukraine. The Constitution of
Ukraine shall not be amended in conditions of martial law or a state of
emergency. Article 158
The draft law on
introducing amendments to the Constitution of Ukraine, considered by the
Verkhovna Rada of Ukraine and not adopted, may be submitted to the Verkhovna
Rada of Ukraine no sooner than one year from the day of the adoption of the
decision on this draft law. Within the term of its
authority, the Verkhovna Rada of Ukraine shall not amend twice the same
provisions of the Constitution. Article 159
A draft law on introducing
amendments to the Constitution of Ukraine is considered by the Verkhovna Rada
of Ukraine upon the availability of an opinion of the Constitutional Court of
Ukraine on the conformity of the draft law with the requirements of Articles
157 and 158 of this Constitution. Chapter XIV Final Provisions
Article 160
The Constitution of
Ukraine enters into force from the day of its adoption. Article 161
The day of adoption of
the Constitution of Ukraine is a national holiday — the Day of the
Constitution of Ukraine. Chapter XV Transitional Provisions
1. Laws and other normative acts, adopted prior to this Constitution
entering into force, are in force in the part that does not contradict the
Constitution of Ukraine. 2. After the adoption of the Constitution of Ukraine, the Verkhovna Rada
of Ukraine exercises the authority envisaged by this Constitution. 3. Regular elections of the President of Ukraine shall be held on the
last Sunday of October 1999. 4. The President of Ukraine, within three years after the Constitution of
Ukraine enters into force, has the right to issue decrees approved by the
Cabinet of Ministers of Ukraine and signed by the Prime-Minister of Ukraine
on economic issues not reg ulated by laws, with simultaneous submission of
the respective draft law to the Verkhovna Rada of Ukraine, by the procedure
established by Article 93 of this Constitution. 5. The Cabinet of Ministers of Ukraine is formed in accordance with this
Constitution within three months after its entry into force. 6. The Constitutional Court of Ukraine is formed in accordance with this
Constitution, within three months after its entry into force. Prior to the
creation of the Constitutional Court of Ukraine, the interpretation of laws
is performed by the Verkhovna Rada of Ukraine. 7. Heads of local state administrations, upon entry of this Constitution
into force, acquire the status of heads of local state administrations in
accordance with Article 118 of this Constitution, and after the election of
chairmen of the respective councils, tender resignations from office of the
chairmen of these councils. 8. Village, settlement and city councils and the chairmen of these
councils, upon entry of this Constitution of Ukraine into force, exercise the
authority as determined by it, until the election of the new composition of
these councils in March 1998. 9. The procuracy continues to exercise, in accordance with the laws in
force, the function of supervision over the observance and application of
laws and the function of preliminary investigation, until the laws regulating
the activity of state bodies in regard to the control over the observance of
laws are put into force, and until the system of pre-trial investigation is
formed and the laws regulating its operation are put into effect. 10. Prior to the adoption of laws determining the particular aspects of
the exercise of executive power in the Cities of Kyiv and Sevastopol in
accordance with Article 118 of this Constitution, the executive power in
these cities is exercised by the respective city administrations. 11. Article 99, paragraph one of this Constitution shall enter into force
after the introduction of the national monetary unit — the hryvnia. 12. The Supreme Court of Ukraine and the High Court of Arbitration of
Ukraine exercise their authority in accordance with the legislation of
Ukraine that is in force, until the formation in Ukraine of a system of
courts of general jurisdiction, in accordance with Article 125 of this
Constitution, but for no more than five years. 13. The current procedure for arrest, holding in custody and detention of
persons suspected of committing a crime, and also for the examination and
search of a dwelling place or other possessions of a person, is preserved for
five years after this Constitution enters into force. 14. The use of existing military bases on the territory of Ukraine for the
temporary stationing of foreign military formations is possible on the terms
of lease, by the procedure determined by the international treaties of
Ukraine ratified by the Verkhovna Rada of Ukraine. Official
English translation.
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