(Adopted at the Fifth Session of the
Verkhovna Rada of Ukraine on 28 June 1996)
The Verkhovna
Rada of Ukraine, on behalf of the Ukrainian people - citizens of Ukraine
of all nationalities, expressing the sovereign will of the people,
based on the centuries-old history of Ukrainian state-building and on
the right to self-determination realised by the Ukrainian nation, all
the Ukrainian people, providing for the guarantee of human rights and
freedoms and of the worthy conditions of human life, caring for the
strengthening of civil harmony on Ukrainian soil, striving to develop
and strengthen a democratic, social, law-based state, aware of our
responsibility before God, our own conscience, past, present and future
generations, guided by the Act of Declaration of the Independence of
Ukraine of 24 August 1991, approved by the national vote of 1 December
1991, 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
duty 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, including 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 Constitution 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
monopolies 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 personnel 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, higher 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 i n 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 pu rsuant 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 Committee 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
announcement 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 confidence 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
consideration.
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 t he 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 pr ovide 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 President’s powers shall be terminated pre-term in
case 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
Constitutional 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 the 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 f or 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 n o
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 level.
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 administration.
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 work ing 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 activity.
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 r egions 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 Ob last, 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 consti
tutional 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) hunting 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 o f 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 meetings.
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, a nd 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 implementation 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 budget 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;
acts of the President of
Ukraine;
acts of the Cabinet of Ministers of Ukraine;
legal
acts of the Verkhovna Rada of the Autonomous Republic of Crimea.
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.
On the appeal of the Verkhovna Rada of Ukraine, the
Constitutional Court of Ukraine provides an opinion on the observance of
the constitutional procedure of investigation and consideration of the
case of removing the President of Ukraine from office b y the procedure
of impeachment.
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 procedure established by the Constitution of Ukraine for their
review, adoption or their entry into force.
Laws and other legal
acts, or their separate provisions, that are deemed to be
unconstitutional, lose legal force from the day the Constitutional Court
of Ukraine adopts the decision on their unconstitutionality.
Material
or moral damages, inflicted on physical and legal persons by the acts
or actions deemed to be unconstitutional, are compensated by the State
by the procedure established by law.
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 Verkhovna 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 President
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 approved 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. Regular elections to the
Verkhovna Rada of Ukraine shall be held in March 1998.
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 regulated 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.
Such a decree of the President of Ukraine
takes effect, if within thirty calendar days from the day of submission
of the draft law (except the days between sessions), the Verkhovna Rada
of Ukraine does not adopt the law or does not reject the submitted draft
law by the majority of its constitutional composition, and is effective
until a law adopted by the Verkhovna Rada of Ukraine on these issues
enters into force.
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.
District
and oblast councils, elected prior to the entry of this Constitution
into force, exercise the authority as determined by it, until the
formation of the new composition of these councils in accordance with
the Constitution of Ukraine.
City district councils and their
chairmen, upon entry of this Constitution into force, exercise their
authority in accordance with the law.
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.
Judges of all
courts in Ukraine, elected or appointed prior to the day of entry of
this Constitution into force, continue to exercise their authority in
accordance with the legislation in force, until the expiration of the
term for which they were elected or appointed.
Judges whose
authority has terminated on the day this Constitution enters into force,
continue to exercise their authority for the period of one year.
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.