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Current
Constitution of Ukraine
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Proposed new
version
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Article 29. Each person shall have the
right to freedom and personal immunity.
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Article 29. Each person shall have the right to freedom and personal immunity.
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Nobody may be arrested or kept under custody otherwise
than by a reasoned decision of a court of law, and only upon the reasons and
according to a procedure provided for by law.
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Nobody may be arrested or kept under custody otherwise than by a
reasoned decision of a court of law, and only upon the reasons and according
to a procedure provided for by law.
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In case of an urgent need to prevent a crime from
happening, or to stop a crime while it is happening, agencies duly authorized
to do so by law, may apply keeping a person under custody as a temporary
preventive measure. Its validity shall be checked by a court of law within
seventy -two hours. A detained person shall be immediately set free if within
seventy-two hours from the moment he/she is detained he/she is not served a
reasoned decision of a court of law on a stay under custody.
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In case of an urgent need to prevent a crime from happening, or to stop
a crime while it is happening, agencies duly authorized to do so by law, may
apply keeping a person under custody as a temporary preventive measure. Its
validity shall be checked by a court of law within forty-eight hours. A detained person shall be immediately set
free if within forty-eight hours
from the moment he/she is detained he/she is not served a reasoned decision
of a court of law on a stay under custody.
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Each arrested or detained person shall be immediately
informed about the reasons of such arrest or detention, explained his/her
rights, and provided from the moment of detention with a possibility to
defend himself/herself personally, and use legal help of a lawyer.
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Each arrested or detained person shall be immediately informed about
the reasons of such arrest or detention, explained his/her rights, and
provided from the moment of detention with a possibility to defend himself/herself
personally, and use legal help of a lawyer.
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Each detained person shall have the right to appeal
against his/her detention to court at any time.
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Each detained person shall have the right to appeal against his/her detention
to court at any time.
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Relatives of a detained or an arrested person shall be
notified about such arrest or detention.
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Relatives of a detained or arrested person shall be notified about such
arrest or detention.
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Article 59. Everyone shall have the right to legal assistance.
In cases provided for by law such assistance shall be provided free of
charge. Everyone shall be free to choose an advocate of his/her rights. In
order to ensure the right to defense in courts of law and other public
agencies of Ukraine, the bar shall operate in Ukraine.
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Article 59.
(Parts І and ІІ – the current version)
Procedure and ways of rendering legal assistance shall be defined by
law.
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Article 78. Members of the Parliament of
Ukraine shall fulfill their authority on a full-time basis.
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Article 78. Members of the Parliament of Ukraine shall fulfill their mandate on a full-time basis.
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Members of the Parliament of
Ukraine may not have another representative mandate or be in civil service.
Requirements
concerning incompatibility of an MP’s mandate with other types of activity
shall be established by law.
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A member of the
Parliament of Ukraine may not have a different representative mandate, be
with the civil service, occupy other positions (including those on a
voluntary basis) in government agencies, local self-governing bodies,
institutions created by such bodies, enterprises, institutions and
organizations, undertake entrepreneurial activity or any other paid-for
activity (except for lecturing, scientific and creative one), be a member of
a governing or a supervisory body of an enterprise, a company, or an
organization aimed at obtaining a profit. Requirement on incompatibility of
an MP’s mandate with other types of activity shall be established by law.
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In case of
circumstances that break the requirements about incompatibility of an MP’s
mandate with other types of activity, a member of the Parliament of Ukraine,
within twenty days, shall terminate such activity, or file a personal
application on abdication of authority of a member of the Parliament of
Ukraine.
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Authority of a member of the Parliament of Ukraine shall be defined by
the Constitution of Ukraine and the law.
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Article 81. Authority of members of the
Parliament of Ukraine shall be terminated at the same time with the authority
of the Verkhovna Rada of Ukraine.
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Article 81. Authority of members of the Parliament of Ukraine shall be terminated
at the same time with the authority of the Verkhovna Rada of Ukraine.
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Authority of a member of the Parliament of Ukraine shall
be terminated early in case of:
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Authority of a member of the Parliament of Ukraine shall be terminated
early in case of:
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1) refusal of the office by his/her
personal statement;
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1) refusal of the office by his/her personal statement, or in case of a
failure to fulfill part three of Article 78;
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2) a convictive court verdict against him/her enters its
legal force;
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2) a convictive court verdict against him/her entering into legal force;
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3) he/she is recognized by a court of
law as legally incapable or missing;
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3) he/she is recognized by a court of law as legally incompetent or
missing;
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4) termination of his/her citizenship
or departure for permanent residency beyond the territory of Ukraine;
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4) termination of his/her citizenship or departure for permanent
residency beyond the territory of Ukraine;
5) failure to
exercise MP’s authority for four months without a valid excuse;
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5) death.
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6) death.
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A decision about early termination of authority of a
member of the Parliament of Ukraine shall be taken by the majority from the
constitutional membership of the Verkhovna Rada of Ukraine.
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A decision about early termination of authority of a member of the
Parliament of Ukraine in cases
provided for by paragraphs 1, 3, 4, 5 of part two of this Article shall
be made by the majority from the constitutional membership of the Verkhovna
Rada of Ukraine.
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In case of leaving, or a failure to join by a member of the Parliament
of Ukraine, elected by list of a political party (block of parties) of a
parliamentary faction of a given party (block of parties), his/her powers
shall be terminated prematurely by a court of law.
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In case of a failure to fulfill the requirement on
incompatibility of the MP’s mandate with other types of activity, the
authority of a member of the Parliament of Ukraine shall be terminated
prematurely on the basis of a law and a court decision.
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In case of death
of a member of the Parliament of Ukraine, his/her authority shall be terminated
from the moment of issuance of a death certificate.
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Article 82. The Verkhovna Rada of
Ukraine shall work in sessions.
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Article 82. The Verkhovna Rada of Ukraine shall work in sessions.
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The Verkhovna Rada of Ukraine shall be empowered upon
the condition of election of at least two thirds of its constitutional
membership.
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The Verkhovna Rada of Ukraine shall be empowered upon the condition of
election of at least two thirds of its constitutional membership.
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The Verkhovna Rada of Ukraine shall convoke to its first
session not later than on a thirtieth day after official announcement of
results of elections.
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The Verkhovna Rada of Ukraine shall convoke to its first session not
later than on a thirtieth day after official announcement of the election
results.
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A first meeting of the Verkhovna Rada of Ukriane shall
be open by a member of the Parliament of Ukraine of an oldest age.
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The first meeting of the Verkhovna Rada of Ukriane shall be open by the
eldest member of the Parliament of Ukraine.
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A procedure of work of the Verkhovna Rada of Ukraine
shall be established by the Constitution of Ukraine and the Law on the Rules
of the Verkhovna Rada of Ukraine.
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Organization and operational procedures of the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.
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Article 85. Powers of the Verkhovna Rada of Ukraine include:
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Article 85. The authority of the Verkhovna Rada of Ukraine include:
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1) amendment of the Constitution of
Ukraine within the limits and according to the procedure provided for by the
Chapter XIII of this Constitution;
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1) amendment of the Constitution of Ukraine within the limits and
according to the procedure provided by Chapter XIII of this Constitution;
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2) call of a national referendum of
Ukraine on issues provided for by the Article 73 of this Constitution;
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2) call for a national all-Ukrainian referendum on issues established by
Article 73 of this Constitution;
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3) adoption of laws;
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3) adoption of laws and their
interpretation;
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4) approval of the State Budget of Ukraine and amendment of it; oversight over fulfillment of the State Budget of Ukraine. Taking a
decision about a report on its fulfillment;
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4) approval of the State Budget of Ukraine and amendment of it; oversight over fulfillment of the State Budget of Ukraine. Taking a decision about a report on its
fulfillment;
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5) determination of principles of domestic and foreign
policy;
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5) determination of principles of domestic and foreign policy;
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6) approval of national programs of economic, scientific
and technical, social, national and cultural development, environmental
protection;
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6) approval of national programs of economic, scientific and technical,
social, national and cultural development, environmental protection;
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7) call of elections of the President of Ukraine within the
time limits provided for by this Constitution;
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7) call of elections of the President of Ukraine within the time limits
provided for by this Constitution;
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8) hearing of annual and extraordinary messages of the
President of Ukraine on domestic and external status of Ukraine;
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8) hearing of annual and extraordinary messages of the President of
Ukraine on domestic and external status of Ukraine;
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9) by proposal of the President of Ukraine, declaration
of war and conclusion of peace, approval of a decision of the President on
the use of the Armed Forces of Ukraine and other military formations in case
of an armed aggression against Ukraine;
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9) by proposal of the President of Ukraine, declaration of war and
conclusion of peace, approval of a decision of the President on the use of
the Armed Forces of Ukraine and other military formations in case of an armed
aggression against Ukraine;
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10) dismissal of the President of Ukraine from the
office within a special procedure (impeachment), as provided for by the Article
111 of this Constitution;
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10) dismissal of the President of Ukraine from the office within a
special procedure (impeachment), as provided for by the Article 111 of this
Constitution;
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11) consideration and taking a decision on approval of
the Program of Activity of the Cabinet of Ministers of Ukraine;
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11) consideration and taking a decision on approval of the Program of
Activity of the Cabinet of Ministers of Ukraine;
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12) issuance of consent to appointment by the President
of Ukraine of the Prime-Minister of Ukraine;
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12) appointment, following a
proposal of the President of Ukraine of the Prime-Minister of Ukraine,
dismissal from the office and acceptance of resignation of the Prime-Minister
of Ukraine; approval of appointments of members of the Cabinet of Ministers
of Ukraine by proposal of the Prime-Minister of Ukraine, and termination of
his/her authority; approval of appointment and dismissal from the office of
some members of the Cabinet of Ministers of Ukraine;
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13) exercise of oversight over activity of the Cabinet
of Ministers of Ukraine according to this Constitution;
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13) exercise of oversight over activities of the Cabinet of Ministers
of Ukraine according to this Constitution;
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14) approval of decisions on granting loans and economic assistance by Ukraine to foreign countries and international organizations, and on obtaining by Ukraine from foreign countries, banks and international financial organizations of loans not envisaged by the State Budget of Ukraine, exercise of oversight over their use;
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14) approval of decisions on granting loans and economic assistance by Ukraine to foreign countries and international organizations, and on obtaining by Ukraine from foreign countries, banks and international financial organizations of loans not envisaged by the State Budget of Ukraine, exercise of oversight over their use;
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15) appointment or election to positions, dismissal from
positions, issuance of consent to appointment and dismissal from offices in
cases provided for by this Constitution;
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15) appointment or election to positions, dismissal from positions,
issuance of consent to appointment and dismissal from offices in cases
provided for by this Constitution;
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16) appointment to and dismissal from
the offices of the Head and other members of the Chamber of Accounts;
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16) appointment to and dismissal from the offices of the Head and other
members of the Chamber of Accounts;
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17) appointment to and dismissal from the office of the
Ombudsman of the Verkhovna Rada of Ukraine for Human Rights; hearing of
annual reports of the Ombudsman on the condition of observance and protection
of human rights and freedoms in Ukraine;
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17) appointment to and dismissal from the office of the Ombudsman of
the Verkhovna Rada of Ukraine for Human Rights; hearing of annual reports of
the Ombudsman on the condition of observance and protection of human rights
and freedoms in Ukraine;
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18) appointment to and dismissal from the position of
the Governor of the National Bank of Ukraine, by proposal of the President of
Ukraine;
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18) appointment to and dismissal
from the position of the Governor of the National Bank of Ukraine;
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19) appointment and dismissal of one half of membership
of the Board of the National Bank of Ukraine;
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19) appointment and dismissal of members
of the Board of the national Bank of Ukraine
України;
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20) appointment of one half of
membership of the National Council of Ukraine for Television and
Broadcasting;
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20) appointment and dismissal of
members of the National Council of Ukraine for Television and Broadcasting;
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21) appointment to the office and
termination of authority of members of the Central Elections Commission by
proposal of the President of Ukraine;
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21) appointment to the office and termination of authority of members of
the Central Elections Commission of
Ukraine by proposal of the President of Ukraine;
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22) approval of the overall
structure, strength and determination of functions of the Armed Forces of
Ukraine, the Security Service of Ukraine and other military formations
established according to the laws of Ukraine, and of the Ministry for Home
Affairs of Ukraine;
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22) approval of the overall structure, strength and
determination of functions of the Armed Forces of Ukraine, the Security
Service of Ukraine and other military formations established according to the
laws of Ukraine, and of the Ministry for Home Affairs of Ukraine;
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23) approval of decisions on granting
military aid to other countries, sending units of the Armed Forces of Ukraine
to other countries, or permission of entry for units of armed forces of other
countries to the territory of Ukraine;
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23) approval of decisions on granting military aid to other countries,
sending units of the Armed Forces of Ukraine to other countries, or
permission of entry for units of armed forces of other countries to the
territory of Ukraine;
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24) Issuance of a consent to
appointment to and discharging from the offices by the President of Ukraine
of the Head of the Antimonopoly Committee of Ukraine, Head of the State
Property Funds of Ukraine, Head of the State Committee for Television and
Broadcasting of Ukraine;
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24) issuance of consent to appointment and dismissal by the President
of Ukraine of the Head of the Antimonopoly Committee of Ukraine, Head of the
State Border Guard Service of Ukraine, Head of the Security Service of
Ukraine, Head of the State Committee For Television and Broadcasting of
Ukraine; issuance of consent to appointment to the positions and dismissal
from the positions by the Cabinet of Ministers of Ukraine of the Head of the
State Customs Service of Ukraine, Head of the State Tax Administration of
Ukraine, Head of the State Property Fund of Ukraine;
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25) issuance of consent to appointment
by the President of Ukraine to the position of the General Prosecutor of
Ukraine; a vote of no confidence vote to the General Prosecutor of Ukraine
that shall cause his/her dismissal from the office;
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25) appointment to and dismissal
from the position of the General Prosecutor of Ukraine by proposal of the
President of Ukraine;
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26) appointment of one-third of
membership of the Constitutional Court of Ukraine;
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26) appointment of one-third of membership of the Constitutional Court of
Ukraine;
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27) election of judges for an
indefinite period of time;
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27) election of judges;
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28) early termination of authority of the
Verkhovna Rada (Parliament) of the Autonomous Republic of Crimea upon a
verdict of the Constitutional Court of Ukraine about violation of the
Constitution of Ukraine by it, or of laws of Ukraine; call of extraordinary
elections to the Verkhovna Rada of the Autonomous Republic of Crimea;
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28) early termination of authority of the Verkhovna Rada (Parliament) of
the Autonomous Republic of Crimea upon a verdict of the Constitutional Court
of Ukraine about violation of the Constitution of Ukraine by it, or of laws
of Ukraine; call of extraordinary elections to the Verkhovna Rada of the
Autonomous Republic of Crimea;
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29) establishment and liquidation of districts (counties, districts), and change of boundaries of districts and municipalities, categorizing municipalities as cities/towns, naming and re-naming of municipalities and districts;
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29) establishment and liquidation of administrative and territorial units, establishment
and change of boundaries of districts and municipalities, categorizing
municipalities as cities/towns, naming and re-naming of municipalities and
districts;
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30) call of ordinary and extraordinary elections to
local self-governing bodies;
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30) call of ordinary and extraordinary elections to local
self-governing bodies;
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31) within two days after a statement of the President
of Ukraine, approval of decrees on introduction of a martial law or a state
of emergency in Ukraine or some of its locations, on general or partial
mobilization, on declaring some locations zones of an environmental emergency;
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31) within two days after a statement of the President of Ukraine,
approval of decrees on introduction of a martial law or a state of emergency
in Ukraine or some of its locations, on general or partial mobilization, on
declaring some locations zones of an environmental emergency;
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32) within the time limits established by law,
ratification of international treaties of Ukraine and denunciation of
international treaties of Ukraine;
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32) within the time limits established by law, ratification of international
treaties of Ukraine and denunciation of international treaties of Ukraine;
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33) exercise of parliamentary oversight within the
limits provided for by this Constitution;
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33) exercise of parliamentary oversight within the limits provided for
by this Constitution;
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34) taking a decision on filing an inquiry to the
President of Ukraine upon request of a member of the Parliament of Ukraine, a
group of members of the Parliament, or a standing committee of the Verkhovna
Rada of Ukraine, if it was previously supported by at least one third of the
constitutional membership of the Verkhovna Rada of Ukraine;
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34) taking a decision on filing an inquiry to the President of Ukraine
upon request of a member of the Parliament of Ukraine, a group of members of
the Parliament, or a standing committee of the Verkhovna Rada of Ukraine, if
it was previously supported by at least one third of the constitutional
membership of the Verkhovna Rada of Ukraine;
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35) appointment to and dismissal from the position of a
director of the secretariat of the Verkhovna Rada of Ukraine; approval of the
cost estimate of the Verkhovna Rada of Ukraine and the structure of its
secretariat;
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35) appointment to and dismissal from the position of a director of the
secretariat of the Verkhovna Rada of Ukraine; approval of the cost estimate
of the Verkhovna Rada of Ukraine and the structure of its secretariat;
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36) approval of the list of state-owned assets banned for privatization; definition of legal principles of withdrawal of privately-owned assets;
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36) approval of the list of state-owned assets banned for privatization; definition of legal principles of withdrawal of privately-owned assets;
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37) expressing a vote of no confidence to persons appointed to their
position upon consent of the Verkhovna Rada of Ukraine, which leads to their
resignation from their position.
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The Verkhovna Rada of Ukraine shall carry out other powers that fall within its competence according
to the Constitution of Ukraine.
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The Verkhovna Rada of Ukraine shall carry out other powers that fall within its
competence according to the Constitution of Ukraine and the law.
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Article 88.
Part three:
Chairman of the Verkhovna Rada of Ukraine shall exercise powers provided for by this Constitution
according to the procedure established by the Law on the Rules of the
Verkhovna Rada of Ukraine.
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Article 88.
Part three:
Chairman of the Verkhovna Rada of Ukraine shall exercise powers provided for by this
Constitution according to the procedure established the Rules of the Verkhovna Rada of Ukraine.
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Article 89. The Verkhovna Rada of Ukraine shall approve the list of standing committees of the Verkhovna Rada of Ukraine, elect heads of such committees.
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Article 89. The Verkhovna Rada of Ukraine
shall approve the list of standing committees of the Verkhovna Rada of
Ukraine, and elect heads of such
committees.
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Standing committees of the Verkhovna Rada of Ukraine
shall carry out law drafting work, prepare and preliminarily consider issues
that fall within the competence of the Verkhovna Rada of Ukraine.
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Standing committees of the Verkhovna Rada of Ukraine shall carry out law drafting work, prepare and
give preliminary consideration to issues that fall within the competence of
the Verkhovna Rada of Ukriane, and by
assignment of the Verkhovna Rada of Ukraine shall exercise oversight over implementation of laws and resolutions
of the Verkhovna Rada of Ukraine.
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The Verkhovna Rada of Ukraine, within its authority, may establish temporary ad hoc commissions for
preparation and preliminary consideration of issues.
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The Verkhovna Rada of Ukraine, within its authority, may establish temporary ad
hoc commissions for preparation and preliminary consideration of issues.
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The Verkhovna Rada of Ukraine, in order to investigate
issues of public interest, shall establish temporary investigative
commissions, if at least one third of the constitutional membership of the
Verkhovna Rada of Ukraine votes for that.
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The Verkhovna Rada of Ukraine, in order to investigate issues of public
interest, shall establish temporary investigative commissions, if at least
one third of the constitutional membership of the Verkhovna Rada of Ukraine
votes for that.
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Conclusions and proposals of temporary investigative
commissions are not decisive for interrogation and court proceedings.
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Conclusions and proposals of temporary investigative commissions are
not binding for investigation and court proceedings.
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Organization and procedures of activity of committees of
the Verkhovna Rada of Ukraine, its temporary ad hoc and temporary investigative
commission shall be established by law.
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Organization and working procedures of committees of the Verkhovna Rada
of Ukraine, its temporary ad hoc and temporary investigative commissions
shall be established by law.
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Article 90. Authority of the Verkhovna
Rada of Ukraine shall be terminated at the date of opening of the first
meeting of the Verkhovna Rada of Ukraine of a new convocation.
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Article 90. Authority of the Verkhovna Rada of Ukraine shall be terminated at the
date of opening of the first meeting of the Verkhovna Rada of Ukraine of a
new convocation.
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The President of Ukraine may prematurely terminate the
authority of the Verkhovna Rada of Ukraine if within thirty days of one
ordinary session plenary meetings are not started.
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The President of
Ukraine may prematurely terminate the authority of the Verkhovna Rada of
Ukraine:
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1) If within
thirty days of one ordinary session plenary meetings of the Verkhovna Rada of
Ukraine were not started;
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2) if within sixty days after abdication (resignation) of the Cabinet
of Ministers of Ukraine, the Verkhovna Rada of Ukraine fails to approve new membership of the Cabinet of Ministers of Ukraine. A decision about premature termination of authority of the Verkhovna
Rada of Ukraine shall be taken by the President of Ukraine after consultations with the Chairman of the Verkhovna Rada of Ukraine, deputy chairmen, heads of parliamentary factions and groups.
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Authority of the Verkhovna Rada of Ukraine elected at extraordinary elections held after an early termination by
the President of Ukraine of the authority of the Verkhovna Rada of Ukraine of the
previous convocation may not be terminated within one year after the date it
is elected.
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Authority of the Verkhovna Rada of Ukraine elected at extraordinary elections held after an
early termination by the President of Ukraine of the authority of the
Verkhovna Rada of Ukraine of the previous convocation may not be terminated
within one year after the date it is elected.
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Authority of the Verkhovna Rada of Ukraine may not be
terminated prematurely during the last six months of the term of authority of
the President of Ukraine.
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Authority of the Verkhovna Rada of Ukraine may not be terminated prematurely during the last
six months of the term of authority of the President of Ukraine, and within one year after initiation
and consideration by the Verkhovna Rada of Ukraine of the issue on dismissal of the President of Ukraine from the office by impeachment.
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Article 92: The following shall be determined
exclusively by laws of Ukraine:
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Article 92: The following shall be
determined exclusively by laws of Ukraine:
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1) rights and freedoms of a person and a citizen,
guarantees of these rights and freedoms, main duties of a citizen;
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1) rights and freedoms of a person and citizen, guarantees of these
rights and freedoms, and main duties of a citizen;
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2) citizenship, legal personality of citizens, status of
foreigners and stateless persons;
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2) citizenship, legal personality of citizens, status of foreigners and
stateless persons;
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3) rights of indigenous peoples and national minorities;
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3) rights of indigenous peoples and national minorities;
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4) procedure for use of languages;
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4) procedure for use of languages;
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5) principles of utilization of natural resources,
exclusive (marine) economic zone, continental shelf, exploration of space,
organization and operation of energy systems, transportation, communications;
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5) principles of utilization of natural resources, exclusive (marine)
economic zone, continental shelf, exploration of space, organization and
operation of energy systems, transportation, communications;
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6) principles of social protection, forms and types of
pension provision, principles of regulation of labor, employment, marriage,
family, protection of childhood, motherhood, fatherhood, upbringing,
education, culture and healthcare; environmental safety;
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6) principles of social protection, forms and types of pension
provision, principles of regulation of labor, employment, marriage, family,
protection of childhood, motherhood, fatherhood, upbringing, education,
culture and healthcare; environmental safety;
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7) legal regime of property;
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7) legal regime of property;
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8) legal principles and guarantees of business; rules of
competition and norms of antimonopoly regulation ;
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8) legal principles and guarantees of business; rules of competition
and norms of antimonopoly regulation ;
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9) principles of foreign relations, foreign economic
activity, customs;
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9) principles of foreign relations,
foreign economic activity;
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10) principles of regulation
of demographic and migration processes;
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10) principles of regulation of demographic and migration
processes;
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11) principles of establishment and activities of
political parties, other associations of citizens, and mass media
organizations;
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11) principles of establishment and activities of political parties,
other associations of citizens, and mass media organizations;
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12) organization and activity of executive branch
agencies, principles of civil service, organization of state statistics and
informatics;
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12) organization and activity of executive branch agencies, principles
of civil service, organization of state statistics and informatics;
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13) territorial system of Ukraine;
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13) territorial system of Ukraine;
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14) judicial system, judicial proceedings, status of
judges, principles of forensic examination, organization and activity of
prosecutor’s offices, interrogation and investigation agencies, public
notaries, penitentiary institutions; principles of organization of the bar;
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14) judicial system, judicial proceedings, status of judges, principles
of forensic examination, organization and activity of prosecutor’s offices,
interrogation and investigation agencies, public notaries, penitentiary
institutions; principles of organization of the bar;
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15) principles of local self-governance;
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15) principles of local self-governance;
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16) status of the capital city of Ukraine, special
status of other cities;
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16) status of the capital city of Ukraine, special status of other
cities;
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17) principles of national security, organization of the
Armed Forces of Ukraine and law enforcement;
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17) principles of national security, organization of the Armed Forces
of Ukraine and law enforcement;
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18) legal regime of the state frontier;
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18) legal regime of the state frontier;
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19) legal regime of martial law and the state of
emergency, zones of environmental emergencies;
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19) legal regime of martial law and the state of emergency, zones of
environmental emergencies;
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20) organization and procedure of elections and
referendums;
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20) organization and procedure of elections and referendums;
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21) organization and procedure of activity of the
Verkhovna Rada of Ukraine, status of members of the Parliament of Ukraine;
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21) status of a member of the Parliament of Ukraine;
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22) principles of civil liability, acts that constitute
a crime, administrative or disciplinary offences, and responsibility for
them;
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22) principles of civil liability, acts that constitute a crime,
administrative or disciplinary offences, and responsibility for them;
23) principles of
signing, fulfillment and denunciation of international treaties of Ukraine;
24) principles of
legislative activity and main requirements to the law;
25) status,
organization and procedure of activity of the Chamber of Accounts of Ukraine,
and Representative of the Verkhovna Rada of Ukraine for Human Rights.
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The following shall be established exclusively by laws
of Ukraine:
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The following shall be established exclusively by laws of Ukraine:
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1) The State Budget of Ukraine and the budgetary system
of Ukraine; system of taxation, taxes and levies; principles of establishment
and functioning of financial, monetary, credit and capital markets; status of
domestic currency as well as status of foreign currencies in the territory of
Ukraine, procedure of creation and repayment of the state domestic and
foreign debt; procedure of emission and circulation of government bonds,
their types;
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1) The State Budget of Ukraine and the budgetary system of Ukraine;
system of taxation, taxes and levies; principles
of customs service; principles of establishment and functioning of
financial, monetary, credit and capital markets; status of domestic currency
as well as status of foreign currencies in the territory of Ukraine,
procedure of creation and repayment of the state domestic and foreign debt;
procedure of emission and circulation of government bonds, their types;
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2) procedure of assignment of units of the Armed Forces
of Ukraine to missions in other countries; procedure for permission to enter
and conditions of stay of units of armed forces of other countries in the
territory of Ukraine;
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2) procedure of assignment of units of the Armed Forces of Ukraine to
missions in other countries; procedure for permission to enter and conditions
of stay of units of armed forces of other countries in the territory of
Ukraine;
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3) units of weight, measurement, time, procedure of
establishment of state standards;
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3) units of weight, measurement, time, procedure of establishment of
state standards;
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4) procedure of the use and protection of state symbols;
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4) procedure of the use and protection of state symbols;
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5) state awards;
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5) state awards;
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6) military ranks, diplomatic ranks and other special
titles;
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6) military ranks, diplomatic ranks and other special titles;
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7) state holidays;
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7) state holidays;
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8) procedure of establishment and functioning of free
and other special zones for an economic or migration regime different from
the general one.
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8) procedure of establishment and functioning of free and other special
zones for an economic or migration regime different from the general one.
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An amnesty shall be declared by a law of Ukraine.
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An amnesty shall be declared by a law of Ukraine.
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Article 94. The laws shall be signed by
Chairman of the Verkhovna Rada of Ukraine, and expeditiously sent to the
President of Ukraine.
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Article 94. The laws shall be signed by Chairman of the Verkhovna Rada of Ukraine,
and expeditiously sent to the President of Ukraine.
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The President of Ukraine, within fifteen days upon
receipt of the law, shall sign it and accept it for enforcement, and
officially promulgate it, or return the law with his reasoned and formulated
proposals to the Verkhovna Rada of Ukraine for repeated consideration.
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The President of Ukraine, within fifteen days upon receipt of the law,
shall sign it and accept it for enforcement, and officially promulgate it, or
return the law with his reasoned and formulated proposals to the Verkhovna
Rada of Ukraine for repeated consideration.
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In case if the President of Ukriane fails to return the
law for repeated consideration within the established period of time, the law
shall be considered approved by the President of Ukraine, signed and
officially promulgated.
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In case if the President of Ukriane fails to return the law for repeated
consideration within the established period of time, the law shall be
considered approved by the President of Ukraine, and it has to be officially promulgated by the Chairman of the
Verkhovna Rada of Ukraine and signed by him.
If, during the
repeated consideration, the law is passed by at least 300 members of the
Parliament of Ukraine, the President of Ukraine shall be obliged to sign it
immediately.
The law on
amendment of the Constitution of Ukraine passed by the Verkhovna Rada of
Ukraine, according to the procedure established by this Constitution, shall
be signed by the President of Ukraine not later than on the next day after
official publication.
In case of a
failure by the President of Ukraine to sign the law, it has to be officially
promulgated by the Chairman of the Verkhovna Rada of Ukraine.
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A law shall enter into force in ten days after its
official publication, unless otherwise is provided for in the law itself, but
not before its publication.
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A law shall enter into force in ten days after its official
publication, unless otherwise is provided for in the law itself, but not
before its publication.
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Article 97. The Cabinet of Ministers of
Ukraine, according to the law, shall file to the Verkhovna Rada of Ukriane a
report on fulfillment of the State Budget of Ukraine.
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Article 97. The Cabinet of Ministers of Ukraine, according to the law, shall file
to the Verkhovna Rada of Ukriane a report on fulfillment of the State Budget
of Ukraine.
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Such report shall be made public.
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Such report shall be made public by the Cabinet of Ministers of
Ukraine.
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Article 98. Oversight over the use of funds
from the State Budget of Ukraine on behalf of the Verkhovna Rada of Ukraine shall be exercised by the Chamber of Accounts.
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Article 98. Oversight over revenues and
use of funds from the State Budget of Ukraine on behalf of the Verkhovna Rada
of Ukraine shall be exercised by the Chamber of Accounts.
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Article 106. The President of Ukraine:
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Article 106. The President
of Ukraine:
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1) ensures state independence, national security and
legal succession of the state;
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1) ensures state independence, national security and legal succession
of the state;
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2) addresses the nation with messages and with annual
and extraordinary messages to the Verkhovna Rada of Ukraine on domestic and
external status of Ukraine;
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2) addresses the nation with messages and with annual and extraordinary
messages to the Verkhovna Rada of Ukraine on domestic and external status of
Ukraine;
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3) represents the state in international relationships,
exercises leadership of foreign political activity of the state, negotiates
and signs international treaties of Ukraine;
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3) represents the state in international relationships, exercises
leadership of foreign political activity of the state, negotiates and signs
international treaties of Ukraine;
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4) makes decisions on recognition of foreign states;
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4) makes decisions on recognition of foreign states;
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5) appoints and dismisses heads of diplomatic missions
of Ukraine to other countries and international organizations; accepts
credentials and letters of recall of diplomatic representatives of foreign
countries;
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5) appoints and dismisses heads of diplomatic missions of Ukraine to
other countries and international organizations; accepts credentials and
letters of recall of diplomatic representatives of foreign countries;
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6) appoints a national referendum on amendment of the
Constitution of Ukraine according to Article 156 of this Constitution,
announces a national referendum on people’s initiative;
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6) appoints a national referendum on amendment of the Constitution of
Ukraine according to Article 156 of this Constitution, announces a national
referendum on people’s initiative;
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7) appoints extraordinary elections to the Verkhovna
Rada of Ukraine within the time limits established by this Constitution;
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7) appoints extraordinary elections to the Verkhovna Rada of Ukraine
within the time limits established by this Constitution;
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8) terminates authority of the Verkhovna Rada of
Ukraine, if within thirty days of one regular session plenary meetings were
not started;
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8) terminates authority of the Verkhovna Rada of Ukraine in cases
provided for by part two of Article 90 of the Constitution of Ukraine;
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9) appoints, upon consent of the Verkhovna Rada, the
Prime-Minster of Ukraine; terminates authority of the Prime-Minister of
Ukraine and takes a decision on his/her resignation;
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9) submits a proposal to the
Verkhovna Rada of Ukraine on appointment of a Prime-Minister of Ukraine;
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10) appoints, by proposal of the Prime-Minister of Ukraine,
members of the Cabinet of Ministers of Ukraine, heads of other central
executive branch agencies, as well as heads of local state administrations,
and dismisses them from these offices;
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10) submits a proposal to the Verkhovna Rada of Ukraine on appointment
to and dismissal from the office
of the General Prosecutor of Ukraine;
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11) appoints, upon consent of the Verkhovna Rada of
Ukraine, the General Prosecutor of Ukraine, and dismisses him/her from this
office;
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11) appoints to and dismisses
from the offices, by proposal of the Prime-Minister of Ukraine, and upon
consent of the Verkhovna Rada of Ukraine, Head of the Antimonopoly Committee
of Ukraine, head of the State Border Guarding Service of Ukraine, Head of the
Security Service of Ukraine, Head of the State Committee for Television and
Broadcasting of Ukraine;
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12) appoints one-half of membership of
the Board of the National Bank of Ukraine;
13) appoints one-half of membership of the National Council of Ukraine for
Television and Broadcasting;
14) appoints to and dismisses from the offices, upon consent of the
Verkhovna Rada of Ukraine, Head of the Antimonopoly Committee of Ukraine,
Head of the State Property Fund of Ukraine, Head of the State Committee for
Television and Broadcasting of Ukraine;
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paragraphs 12 – 14 shall be
excluded
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15) establishes, reorganizes and liquidates, by proposal of the Prime-Minister of Ukraine, ministries and other central state executive branch agencies while operating within the budget appropriated for maintenance of executive branch agencies;
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15) by
proposal of the Prime-Minister of Ukraine, establishes, re-organizes and liquidates ministries;
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16) cancels acts of the Cabinet of
Ministers of Ukraine and acts of the Council of Ministers of the Autonomous
Republic of Crimea;
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16) terminates, for the reason
of non-compliance with the Constitution of Ukraine (unconstitutionality) or
law of Ukraine, the validity of regulatory and legal acts of the Cabinet of
Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea,
acts of the Council of Ministers of the Autonomous Republic of Crimea while
at the same time applying to the Constitutional Court of Ukraine regarding
conformity with the Constitution of Ukraine (constitutionality) of their
acts, and in case they do not comply – to the General Prosecutor of Ukraine;
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17) Is a Commander-in-Chief of the Armed Forces of
Ukraine; appoints to and dismisses from the positions high commanders of the
Armed Forces of Ukraine, other military formations; exercises leadership in
the spheres of national security and defense of the country;
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17) Is a Commander-in-Chief of the Armed Forces of Ukraine; appoints to
and dismisses from the positions high commanders of the Armed Forces of
Ukraine, other military formations; exercises leadership in the spheres of
national security and defense of the country;
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18) Heads the Council for National Security and Defense
of Ukraine;
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18) Heads the Council for National Security and Defense of Ukraine;
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19) files a proposal to the Verkhovna Rada of Ukraine on
announcement of the state of emergency, and takes a decision about the use of
the Armed Forces of Ukraine in case of an armed aggression against Ukraine;
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19) files a proposal to the Verkhovna Rada of Ukraine on announcement
of the state of emergency, and takes a
decision about the use of the Armed Forces of Ukraine in case of an armed
aggression against Ukraine;
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20) according to the law, takes a decision on general or
partial mobilization and introduction of the state of emergency in Ukraine or in some of its locations in
case of a threat of an attack, a threat to state independence of Ukraine;
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20) according to the law, takes a decision on general or partial
mobilization and introduction of the state of emergency in Ukraine or in some of its locations in
case of a threat of an attack, a threat to state independence of Ukraine;
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21) takes, in case of a need, decisions on introduction
of the state of emergency in Ukraine or in some of its locations, and
declares, in case of need, some locations in Ukraine to be zones of an
extraordinary environmental situation with further approval of these
decisions by the Verkhovna Rada of Ukriane;
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21) takes, in case of a need, decisions on introduction of the state of
emergency in Ukraine or in some of its locations, and declares, in case of
need, some locations in Ukraine to be zones of an extraordinary environmental
situation with further approval of these decisions by the Verkhovna Rada of
Ukriane;
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22) appoints one third of membership of the
Constitutional Court of Ukraine;
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22) appoints one third of membership of the Constitutional Court of
Ukraine;
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23) establishes courts according to the procedure
established by law;
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23) establishes courts according to the procedure established by law;
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24) grants higher military ranks, higher diplomatic
ranks and other higher special ranks and classes;
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24) grants higher military ranks, higher diplomatic ranks and other
higher special ranks and classes;
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25) grants state awards; establishes president’s awards
and grants them;
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25) grants state awards in line
with a procedure defined by law;
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26) takes a decision about admission to Ukrainian
citizenship and termination of citizenship of Ukraine, of granting asylum in
Ukraine;
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26) takes a decision about admission to Ukrainian citizenship and
termination of citizenship of Ukraine, of granting asylum in Ukraine;
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27) grants a pardon;
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27) grants a pardon;
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28) within the appropriations envisaged in the State
Budget of Ukraine,
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28) within the appropriations envisaged in the State Budget of Ukraine,
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with the purpose to exercise his/her authority,
establishes consultative, advisory and other auxiliary agencies and services;
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with the purpose to exercise his/her authority, establishes
consultative, advisory and other auxiliary agencies and services;
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29) signs laws passed by the Verkhovna Rada of Ukraine;
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29) signs laws passed by the Verkhovna Rada of Ukraine;
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30) shall have the right to veto laws passed by the
Verkhovna Rada of Ukraine with a subsequent return of them for repeated
consideration by the Verkhovna Rada of Ukraine;
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30) shall have the right to veto laws passed by the Verkhovna Rada of
Ukraine with a subsequent return of them for repeated consideration by the
Verkhovna Rada of Ukraine, except for
laws on amendment of the Constitution of Ukraine passed in accordance with
the Chapter XIII of the Constitution of Ukraine;
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31) exercises other powers defined by the Constitution
of Ukraine.
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31) exercises other powers defined by the Constitution of Ukraine.
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The President of Ukraine may not delegate his/her powers
to other persons or agencies.
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The President of Ukraine may not delegate his/her powers to other
persons or agencies.
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The President of Ukraine, on the basis of and in order
to fulfill the Constitution and laws of Ukraine shall issue decrees and
orders that are compulsory for fulfillment in the territory of Ukraine.
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The President of Ukraine, on the basis of and in order to fulfill the
Constitution and laws of Ukraine shall issue decrees and orders that are
compulsory for fulfillment in the territory of Ukraine.
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Acts of the President of Ukraine issued within the
authority provided for by paragraphs 3, 4, 5, 8, 10, 14, 15, 17, 18, 21, 22,
23, 24 of this Article shall be endorsed by signatures of the Prime-Minster
and of a minister responsible for fulfillment of such acts.
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Acts of the President of Ukraine issued within the authority provided
for by paragraphs 3, 4, 5, 8, 11, 15,
17, 21, 22, 23, 24 of this Article shall be endorsed by signatures of the
Prime-Minster and of a minister responsible for fulfillment of such acts.
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Article 111. The President of Ukraine
may be dismissed from his position by the Verkhovna Rada of Ukraine within
the procedure of impeachment in case of commitment by him/her of the high
treason or another crime.
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Article 111. The President of Ukraine may be dismissed from his position by the Verkhovna
Rada of Ukraine within the procedure of impeachment in case of commitment by
him/her of the high treason or another crime.
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The issue of dismissal of the President of Ukraine from
the office within the procedure of impeachment may be initiated by a majority
from the constitutional membership of the Verkhovna Rada of Ukraine.
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The issue of dismissal of the President of Ukraine from the office
within the procedure of impeachment may be initiated by a majority from the
constitutional membership of the Verkhovna Rada of Ukraine.
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For the purpose of investigation, the Verkhovna Rada of
Ukraine shall form a special temporary investigative commission that includes
a special prosecutor and special investigators.
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For the purpose of investigation, the Verkhovna Rada of Ukraine shall
form a special temporary investigative commission that includes a special
prosecutor and special investigators.
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Findings and proposals of a temporary investigative
commission shall be considered at the meeting of the Verkhovna Rada of
Ukraine.
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Findings and proposals of a temporary investigative commission shall be
considered at the meeting of the Verkhovna Rada of Ukraine.
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If there are proper reasons, the Verkhovna Rada of
Ukraine, by at least two thirds of its constitutional membership, shall take
a decision on laying an accusation on the President of Ukraine.
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If there are proper reasons, the Verkhovna Rada of Ukraine, by at least
two thirds of its constitutional membership, shall take a decision on laying
an accusation on the President of Ukraine.
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Decision on dismissal of the
President of Ukraine from the office within an impeachment procedure shall be
taken by the Verkhovna Rada of Ukraine by at least three-fourth of its
constitutional membership after revision of the case by the Constitutional
Court of Ukraine and obtaining its findings on observance of the
constitutional procedure of investigation and consideration of the case on
impeachment; and after obtaining findings of the Supreme Court of Ukraine
about whether acts the President of Ukraine is accused of contain high
treason or another crime.
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Decision on dismissal of the President of Ukraine
from the office within an impeachment procedure shall be taken by the
Verkhovna Rada of Ukraine by at least two-thirds
of its constitutional membership after revision of the case by the
Constitutional Court of Ukraine and obtaining its findings on observance of
the constitutional procedure of investigation and consideration of the case
on impeachment; and after obtaining a
decision of the Supreme Court of Ukraine about whether acts the President
of Ukraine is accused of contain high treason or another crime.
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Article 112. In case of premature termination of authority of
the President of Ukraine in line with the Articles 108, 109, 110, 111 of this
Constitution, exercise of powers of the President of Ukriane for the period
before election and entering of the office by a new President of Ukraine
shall be carried out by the Prime-Minister of Ukraine. The Prime-Minister of Ukraine, for the period of exercise by him/her of the authority of the
President of Ukraine, may not exercise powers provided for by paragraphs 2,
6, 8, 10, 11, 12, 14, 15, 16, 22, 25, 27 of the Article 106 of the
Constitution of Ukraine.
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Article 112. In case of premature termination of authority of the President of
Ukraine in line with the Articles 108, 109, 110, 111 of this Constitution,
exercise of powers of the President of Ukriane for the period before election
and entering of the office by a new President of Ukraine shall be carried out
by the Chairman of the Verkhovna Rada
of Ukraine.
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In case of inability of the Chairman of the Verkhovna Rada of Ukraine
to carry out his/her duties because of health condition, or if at the time of
premature termination of authority of the President of Ukraine the position
of the Chairman of the Verkhovna Rada of Ukraine is vacant, duties of the
President of Ukraine shall be assigned to the Prime-Minister of Ukraine.
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A person that
carries out responsibilities of the President of Ukraine before entering the
office by a newly elected President of Ukraine may not exercise powers provided for by paragraphs 2, 6, 8, 10, 11, 15, 16, 19, 22, 23, 24, 25, 27 of
Article 106 of the Constitution of Ukraine.
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Article 113. The Cabinet of Ministers of Ukraine
is a higher agency in the system of the executive branch.
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Article 113. The Cabinet of Ministers of Ukraine is a higher agency in the system of
the executive power.
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The Cabinet of Ministers of Ukraine
shall be responsible before the President of Ukraine, and accountable to and
controllable by the Verkhovna Rada of Ukraine within the limits provided for in the Articles 85, 87 of the
Constitution of Ukraine.
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The Cabinet of Ministers of Ukraine shall be
responsible before and controlled by the
Verkhovna Rada of Ukraine, and be accountable to it within the limits
provided for by the Constitution of Ukraine.
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The Cabinet of Ministers of Ukraine
in its activity shall be governed by the Constitution and laws of Ukraine, acts of the President of Ukraine.
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The Cabinet of Ministers of Ukraine in its activity
shall be governed by the Constitution and laws of Ukraine, resolutions
of the Verkhovna Rada of Ukraine, acts of the President of Ukraine.
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Article 114. The Cabinet of Ministers of Ukraine includes the Prime-Minister of Ukraine, the First Vice-Prime-Minister of Ukraine, three Vice-Prime-Ministers and ministers.
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Article 114. The Cabinet of Ministers of Ukraine includes the Prime-Minister of Ukraine, the First Vice-Prime-Minister of Ukraine, three Vice-Prime-Ministers and ministers.
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The Prime-Minister of Ukraine shall be appointed by the President of Ukraine upon consent of at
least one-half of the constitutional membership of the Verkhovna Rada of Ukraine.
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The Prime-Minister of Ukraine shall be appointed by the Verkhovna Rada of Ukraine by proposal of the President of Ukraine.
A representative of a political party (an electoral bloc of parties)
that has the largest number of members of the Parliament in the Verkhovna
Rada of Ukraine shall be appointed the Prime-Minister of Ukraine by proposal of the President of Ukraine.
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Members of the Cabinet of Ministers
of Ukraine shall be appointed by the President of Ukraine by proposal of the Prime-Minister
of Ukraine.
The Prime-Minister of Ukraine shall govern the work of the Cabinet of Ministers of Ukraine, direct
it towards fulfillment of the Program of activity of the Cabinet of Ministers
of Ukraine approved by the Verkhovna Rada of Ukraine.
The Prime-Minister of Ukraine shall make proposals to the President of Ukraine on establishment,
re-organization and liquidation of ministries, other central executive branch
agencies within the appropriations envisaged by the State Budget of Ukraine
for maintenance of these agencies.
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In case of
refusal of a political party (an electoral bloc of parties) that has the
largest number of members of the Parliament to nominate a candidate for the
position of the Prime-Minister of Ukraine, or rejection by the Verkhovna Rada
of Ukraine of a candidate nominated by it, the right to nominate a candidate
to the position of the Prime-Minister of Ukraine shall belong to the second
largest party (electoral bloc of parties) by the number of members of the
parliament.
In case of
rejection by the Verkhovna Rada of Ukraine of two candidates previously
proposed by the President of Ukraine, the President of Ukraine shall nominate
to the position of the Prime-Minister a representative of a parliamentary
coalition if the latter is created on the basis of a majority of members of
the parliament from the constitutional membership of the Verkhovna Rada of
Ukraine.
The Prime-Minister of Ukraine shall govern the work of the Cabinet of Ministers of Ukraine, and aim at carrying out of activity of the Cabinet of Ministers of Ukraine approved by the Verkhovna Rada of Ukraine.
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Candidates for positions of the ministers of foreign affairs, home
affairs, defense, for extraordinary situations and protection of the
population from consequences of the Chernobyl disaster shall be preliminarily agreed by the Prime-Minister of Ukraine with the President of Ukraine.
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Article 115. The Cabinet of Ministers of Ukraine
shall abdicate before a newly elected President of Ukraine.
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Article 115. The Cabinet of Ministers of Ukraine shall abdicate before the newly elected Verkhovna Rada of Ukraine on the day of its first plenary session.
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The Prime-Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine shall have the
right to declare of their resignation to the President of Ukraine.
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The Prime-Minister of Ukriane shall have the right to declare his/her resignation
before the Verkhovna Rada of Ukraine. Resignation
of the Prime-Minister of Ukraine shall cause resignation of the entire Cabinet of
Ministers of Ukraine.
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Resignation of the Prime-Minister of Ukraine shall cause
resignation of the entire Cabinet of Ministers of Ukraine.
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A member of the
Cabinet of Ministers of Ukraine shall have the right to declare his/her
resignation before the Prime-Minister of Ukraine.
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Adoption by the Verkhovna Rada of Ukraine of the a vote
of no confidence resolution against the Cabinet of Ministers of Ukraine shall
cause a resignation of the Cabinet of Ministers of Ukraine.
The Cabinet of Ministers of
Ukraine, resignation of which was accepted by the President of Ukraine, by
his assignment, shall continue to exercise its authority until the beginning
of activity of a newly formed Cabinet of Ministers of Ukraine, but for no
longer than sixty days.
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A Cabinet of Ministers
of Ukraine which resignation was accepted by the Verkhovna Rada of Ukraine,
or in case the Verkhovna Rada of Ukraine passes a a vote of no confidence
resolution, or if it abdicates before the newly elected Verkhovna Rada of
Ukraine, it shall continue to exercise its authority by assignment of the
Verkhovna Rada of Ukraine until the beginning of work of the newly created
Cabinet of Ministers of Ukraine, but not more than for sixty days.
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The Prime-Minister of Ukraine shall
be obliged to file a statement to the President of Ukraine about resignation
of the Cabinet of Ministers of Ukraine following a decision of the President
of Ukraine, or in connection with a a vote of no confidence resolution by the
Verkhovna Rada of Ukraine.
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In case of a
premature termination of authority of the Verkhovna Rada of Ukraine, the
Cabinet of Ministers of Ukraine that was dismissed, shall carry out its
duties until election of a new membership of the Verkhovna Rada of Ukraine.
In case of getting a relevant assignment form the newly elected Verkhovna
Rada of Ukraine, it shall carry out its duties until formation by the newly
elected Verkhovna Rada of Ukraine of a new Cabinet of Ministers of Ukraine,
but not longer than for sixty days from the date of the first plenary session
of the newly elected Verkhovna Rada of Ukraine.
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Article 116. Cabinet of Ministers of
Ukraine:
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Article 116. Cabinet of Ministers of Ukraine:
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1) ensures state sovereignty and economic independence
of Ukraine, implementation of domestic and foreign policy of the state,
fulfillment of the Constitution and laws of Ukraine, acts of the President of
Ukraine;
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1) ensures state sovereignty and economic independence of Ukraine,
implementation of domestic and foreign policy of the state, fulfillment of
the Constitution and laws of Ukraine, acts of the President of Ukraine;
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2) implements measures for ensuring
rights and freedoms of a person and a citizen;
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2) implements measures for ensuring rights and freedoms of a person and
citizen;
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3) ensures financial, pricing, investment and taxation
policy; policy in the field of labor and employment of the population, social
protection, education, science and culture, environmental protection,
environmental safety and use of natural resources;
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3) ensures financial, pricing, investment and taxation policy; policy
in the field of labor and employment of the population, social protection,
education, science and culture, environmental protection, environmental
safety and use of natural resources;
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4) develops and fulfills national programs of economic,
scientific and technical, social and cultural development of Ukraine;
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4) develops and fulfills national programs of economic, scientific and
technical, social and cultural development of Ukraine;
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5) ensures equal opportunities of development of all
ownership forms; manages state-owned assets according to the law;
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5) ensures equal opportunities of development of all ownership forms;
manages state-owned assets according to the law;
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6) develops a draft law on the State Budget of Ukraine and
ensures fulfillment of the State Budget of Ukraine approved by the Verkhovna
Rada of Ukraine, files a report on its fulfillment to the Verkhovna Rada of
Ukraine;
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6) develops a draft law on the State Budget of Ukraine and ensures
fulfillment of the State Budget of Ukraine approved by the Verkhovna Rada of
Ukraine, files a report on its fulfillment to the Verkhovna Rada of Ukraine;
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7) performs activities for ensuring defense capacity and
national security of Ukraine, law and order, enforcement of crime;
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7) performs activities for ensuring defense capacity and national
security of Ukraine, law and order, enforcement of crime;
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8) organizes and ensures fulfillment of foreign economic
activity of Ukraine, customs activities;
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8) organizes and ensures fulfillment of foreign economic activity of
Ukraine, customs activities;
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9) directs and coordinates work of ministries, other executive
branch agencies;
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9) directs and coordinates work of ministries, other executive branch
agencies;
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10) fulfills other functions defined by the Constitution
and laws of Ukraine, acts of the President of Ukraine.
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10) establishes,
reorganizes and liquidates, by proposal of the Prime-Minister of Ukraine,
executive branch agencies, except for ministries, while operating within appropriations
for maintenance of the executive branch agencies;
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11) by proposal of the Prime-Minister of Ukraine, appoints heads of
central executive branch agencies that are not part of the Cabinet of
Ministers of Ukraine, except for cases provided for by the Constitution of
Ukraine, terminates authority of these persons in their positions;
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12) carries out other functions defined by the Constitution and laws of Ukraine.
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Article 118. Executive power in oblasts and
districts, cities of Kiev and Sevastopol, shall be exercised by local state administrations.
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Article 118. Executive power in the Autonomous Republic of Crimea shall be headed by the Council of Ministers of the Autonomous Republic of Crimea. In oblasts and districts, cities of Kiev and Sevastopol, it shall be exercised by local state administrations.
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Specificities of exercise of
executive power in the cities of Kiev and Sevastopol shall be defined by separate laws of Ukraine.
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Specificities of exercise of executive power in the
cities of Kiev and Sevastopol shall be defined by separate laws of Ukraine.
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Membership of local state administrations shall be
formed by heads of local state administrations.
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Membership of local state administrations shall be formed by heads of
local state administrations.
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Heads of local state administrations shall be appointed
to and dismissed from their offices by the President of Ukraine by proposal
of the Cabinet of Ministers of Ukraine.
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Heads of local state administrations shall be appointed to and
dismissed from their offices by the
Cabinet of Ministers of Ukraine by proposal of the Prime-Minister of Ukraine.
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Heads of local state
administrations while exercising their authority shall be accountable to the
President of Ukraine and the Cabinet of Ministers of Ukraine, shall report to
and be overseen by executive branch agencies of a higher level.
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Heads of local state administrations while
exercising their authority shall be accountable to the Cabinet of Ministers of Ukraine, shall report to and be overseen by executive
agencies of a higher level.
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Local state administrations shall
be accountable to and controlled by councils in part of powers delegated by
them by relevant district or oblast councils.
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Local state administrations shall be accountable to
and controlled by councils in part of powers delegated by them by relevant
district or oblast councils.
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Local state administrations are accountable to and
controlled by executive branch agencies of a higher level.
Decisions of heads of local
state administrations contrary to the Constitution and laws of Ukraine, other
acts of legislation of Ukraine, may be cancelled by the President of Ukraine
in line with the law, or by head of a local state administration of the
higher level.
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Decisions of heads of local state administrations contrary to the
Constitution and laws of Ukraine, other acts of legislation of Ukraine, may
be cancelled by the Cabinet of
Ministers of Ukraine in line with the law, or by head of a local state
administration of the higher level.
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An oblast or a district council may express a vote of no
confidence to the head of a relevant local administration. Based on that, the
President of Ukraine takes a decision and gives a reasoned response.
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An oblast or a district council may express a vote of no confidence to
the head of a relevant local administration. Based on that, the Cabinet of Ministers of Ukraine takes
a decision and gives a reasoned response.
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If a a vote of no confidence to the
head of a district or an oblast state administration was expressed by
two-thirds of members of a relevant council, the President of Ukraine shall
take a decision on resignation of the head of a local state administration.
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If a a vote of no confidence to the head of a
district or an oblast state administration was expressed by two-thirds of
members of a relevant council, the Cabinet
of Ministers of Ukraine shall take a decision on resignation of the head
of a local state administration.
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CHAPTER VII
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CHAPTER VII
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PROSECUTOR’S OFFICE
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PROSECUTOR’S OFFICE
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Article 121. Prosecutor’s office of Ukraine
is a uniform system in charge of:
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Article 121. Prosecutor’s office of Ukraine is a uniform system in charge of:
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1) support of public prosecution in a court of law;
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1) support of public prosecution in a court of law;
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2) representation of interests of a citizen or a state
in court in cases provided for by law;
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2) representation of interests of a citizen or a state in court in
cases provided for by law;
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3) oversight over observance of laws by agencies in
charge of search and investigation activities, interrogation, pre-trial
examination;
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3) oversight over observance of laws by agencies in charge of search
and investigation activities, interrogation, pre-trial examination;
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4) oversight over observance of laws while enforcing
judicial decisions on criminal cases, and while applying other enforcement
measures connected to restriction of personal freedom of citizens.
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4) oversight over observance of laws while
enforcing judicial decisions on criminal cases, and while applying other
enforcement measures connected to restriction of personal freedom of
citizens.
5) oversight over observance of rights and freedoms of a person and a
citizen, as well as over observance of laws by executive branch agencies and
local self-governing bodies.
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Article 122. The Prosecutor’s Office of Ukraine shall be headed
by the General Prosecutor of Ukraine who is appointed to his/her position upon consent of the Verkhovna
Rada of Ukraine, and dismissed by the President of Ukraine. The Verkhovna Rada may
express a vote of no confidence to the General Prosecutor of Ukraine which causes his/her resignation.
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Article 122. The Prosecutor’s Office of Ukraine shall be headed by the General Prosecutor of Ukraine, who shall be appointed to the position by the Verkhovna Rada of Ukraine by proposal of the President of Ukraine. Expressing of a vote of no confidence to the General Prosecutor of
Ukraine by the Verkhovna Rada of Ukraine shall cause his/her resignation from
the office.
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The term of authority of the
General Prosecutor of Ukraine is five years.
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The term of authority of the General Prosecutor of Ukraine is five
years.
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Article 126.
Part 4
Judges shall occupy their positions for an indefinite period of time,
except for judges of the Constitutional Court of Ukraine, and judges who are
appointed to their office for the first time.
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Article 126.
Part 4 shall be excluded
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Article 128.
Part
1
First appointment to the position of a professional judge for the
period of five years shall be done by the President of Ukraine. All other
judges, except for judges of the Constitutional Court of Ukraine, shall be
elected by the Verkhovna Rada of Ukraine for an indefinite period of time, according to the procedure provided
for by law.
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Article 128.
Part 1
First appointment to the position of a professional
judge for the period of five years shall be done by the President of Ukraine. All other judges, except for judges of
the Constitutional Court of Ukraine, shall be elected by the Verkhovna Rada
of Ukraine for the period of 10 years, with the right to re-election in line with
a procedure established by law.
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Article 133. The administrative territorial system of Ukraine consists of: the Autonomous Republic of Crimea,
oblasts, districts, cities and towns, city districts, settlements and
villages. Ukraine consists of: the Autonomous Republic of Crimea; the
following oblasts: Vinnitska, Volynska, Dniepropetrovska, Donetska,
Zhitomirska, Zakarpatska, Zaporizhska, Ivano-Frankivska, Kyivska,
Kirovogradska, Luganska, Lvivska, Mykolaiivska, Odesska, Poltavska, Rivnenska,
Sumska, Ternopilska, Kharkivska, Khersonska, Khmelnitska, Cherkasska,
Chernivetska, Chernigivska; cities of Kiev and Sevastopol. Cities of Kiev and Sevastopol shall have a special status that is to be defined
by laws of Ukraine.
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Article 133. The administrative territorial units of Ukraine are: the
Autonomous Republic of Crimea; oblasts: Vinnitska, Volynska, Dniepropetrovska, Donetska,
Zhitomirska, Zakarpatska, Zaporizhska, Ivano-Frankivska, Kyivska,
Kirovogradska, Luganska, Lvivska, Mykolaiivska, Odesska, Poltavska,
Rivnenska, Sumska, Ternopilska, Kharkivska, Khersonska, Khmelnitska,
Cherkasska, Chernivetska, Chernigivska, cities of Kiev and Sevastopol,
districts, communities (village,
settlement, city/town communities).
A community is an administrative and territorial unit that includes
residents of one or several municipalities with a relevant territory, has
defined boundaries and is administered by local self-governing bodies
according to the law.
Cities of Kiev and Sevastopol shall have a special status defined by law.
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Article 136. Verkhovna Rada of the Autonomous
Republic of Crimea is a representative body of the Autonomous Republic of
Crimea.
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Article 136. Verkhovna Rada of the Autonomous Republic of Crimea is a representative
body of the Autonomous Republic of Crimea.
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Verkhovna Rada of the Autonomous Republic of Crimea,
within its authority, shall make decisions and resolutions that are
compulsory for fulfillment in the Autonomous Republic of Crimea.
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Verkhovna Rada of the Autonomous Republic of Crimea, within its
authority, shall make decisions and resolutions that are compulsory for
fulfillment in the Autonomous Republic of Crimea.
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Council of Ministers of the Autonomous Republic of
Crimea shall be the government of the Autonomous Republic of Crimes. Chairman
of the Council of Ministers of the Autonomous Republic of Crimea shall be
appointed to and dismissed from the office by the Verkhovna Rada of the
Autonomous Republic of Crimea, after consultations with the President of
Ukraine.
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Chairman of the Council of Ministers of the Autonomous Republic of
Crimea shall be appointed to and dismissed from the office by the Verkhovna
Rada of the Autonomous Republic of Crimea, after consultations with the Prime-Minister of Ukraine.
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Authority, procedure of formation and activity of the
Verkhovna Rada of the Autonomous Republic of Crimea, and of the Council of
Ministers of the Autonomous Republic of Crimea, shall be defined by the
Constitution of Ukraine and laws of Ukraine, regulations of the Verkhovna
Rada of the Autonomous Republic of Crimea on issues that fall within its
competence.
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Authority, procedure of formation and activity of the Verkhovna Rada of
the Autonomous Republic of Crimea, and of the Council of Ministers of the
Autonomous Republic of Crimea, shall be defined by the Constitution of
Ukraine and laws of Ukraine, regulations of the Verkhovna Rada of the
Autonomous Republic of Crimea on issues that fall within its competence.
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Justice in the Autonomous Republic of Crimea shall be
exercised by courts that belong to the uniform system of courts of Ukraine.
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Justice in the Autonomous Republic of Crimea shall be exercised by
courts that belong to the uniform system of courts of Ukraine.
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Article 140. Local self-governance shall be the
right of a territorial community – residents of a village or a voluntary
association into a rural community of residents of several villages, a settlement
or a city/town to independently resolve issues of local importance within the
Constitution and laws of Ukraine.
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Article 140. Local self-governance shall be the right and a possibility
guaranteed by law to residents, and local self-governing bodies to
independently resolve issues of local importance within the Constitution of Ukraine and laws.
Specificities of exercising local self-governance
in the cities of Kiev and Sevastopol shall be defined by special laws of Ukraine.
Distribution of powers between the state and local self-governance,
principles and procedures of mutual delegation of authorities shall be
defined by law.
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Specificities of exercising local
self-governance in the cities of Kiev and Sevastopol shall be defined by special laws of Ukraine.
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Local self-governance shall be
exercised by a territorial community according to the procedure established
by law, both directly and through local self-governing bodies: village,
settlement, city/town councils and their executive agencies.
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Powers vested with stat e authorities and local self-governing bodies
may not overlap.
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Local self-governing bodies that
represent common interests of territorial communities of villages,
settlements and cities/towns are district and oblast councils.
Issues of organization of administration of city districts belong to
the competence of city councils.
Village, settlement, city/town councils may allow, by initiative of
residents, to establish block, street, quarter and other bodies of
self-organization of the population, and delegate to them part of their
competence, finances and assets.
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Local self-governance shall be exercised by residents of a community according to
the procedure established by law, both directly and through local
self-governing bodies: councils of
communities and their executive bodies.
Local self-governing bodies that represent common
interests of community (village, settlement, city/town communities) are
district and oblast councils, their
executive bodies.
Issues of organization of administration of city districts belong to
the competence of city councils.
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Councils of communities may
allow, by initiative of residents, to establish bloc, street, quarter and
other bodies of self-organization of the population, and provide them with
part of their own competence, finances, assets.
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Article 141. A village, settlement, city/town
council consists of members elected by residents of a village, settlement,
city/town on the basis of general, equal and direct election law by secret
ballot for the period of four years.
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Article 141. Councils of communities shall
include members elected by residents of a
relevant community of the basis of general, equal, direct election law by
secret ballot, for the period of four years.
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Territorial communities, on the
basis of general, equal, direct election law, by a secret ballot, shall elect
for the period of four years, shall elect relevant village, settlement and
city/town mayors, who shall head an executive body of the council, and chair
meetings of such council.
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Residents of a community, on the basis of a
general, equal, direct election law, shall elect, by secret ballot, for the
period of four years, head of a relevant community who shall chair an
executive body of the council, and chair its meetings.
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Status of chairmen, members and
executive bodies of councils and their authority, the procedure of
establishment, reorganization and liquidation shall be defined by law.
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Status of chairmen, members and executive bodies of
councils and their authority, the procedure of establishment, reorganization
and liquidation shall be defined by law.
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Head of a district council and head
of an oblast council shall be elected by a relevant council, and chair an
executive office of the council.
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Head of a district council and head of an oblast
council shall be elected by a relevant council, and chair an executive body of the council.
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Article 142. Materially and financially,
local self-governance shall be based on real estate and movable property,
revenues of local budgets, other funds, land, natural resources owned by territorial
communities of villages, settlements, cities/towns, city districts, as well
as jointly owned assets managed by district and oblast councils.
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Article 142. Materially and financially, local self-governance shall be based on
real estate and movable property, revenues of local budgets, other funds,
land, natural resources owned by communities
(of a village, settlement, city/town),
city districts, as well as jointly owned assets managed by district and
oblast councils.
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Territorial communities of villages, settlements and
cities/towns may merge municipal assets on a contract basis, as well as funds
of their budgets, for fulfillment of joint project, or for joint financing
(maintenance) of utility companies, organizations and institutions, and
establish relevant agencies and services for this purpose.
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Communities (of
villages, settlements and cities/towns) may merge municipal assets on a contract basis, as well as funds of
their budgets, for fulfillment of joint project, or for joint financing
(maintenance) of utility companies, organizations and institutions, and
establish relevant agencies and services for this purpose.
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The state shall take part in formation of revenues of
budgets of local self-governance, financially support local self-governance.
Expenditures of local self-governing bodies made as a result of decisions of
the central government shall be compensated by the state.
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The state shall take part in formation of revenues of budgets of local
self-governance, financially support local self-governance. Expenditures of
local self-governing bodies made as a result of decisions of the central
government shall be compensated by the state.
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Article 143. Territorial communities of a
village, settlement, city/town, either directly or through local
self-governing bodies established by them, shall manage assets owned by a
municipality; approve programs of social and economic and cultural
development, and oversee their fulfillment; approve budgets of relevant
administrative and territorial units and oversee their fulfillment; establish
local taxes and levies according to the law; ensure local referendums and
implementation of their results; establish, reorganize and liquidate
municipal companies, organizations and institutions, oversee their activity;
resolve other issues of local importance that fall within their competence
according to the law.
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Article 143. Communities (of a village,
settlement, city/town), either directly or through local self-governing
bodies established by them, shall manage assets owned by a municipality;
approve programs of social and economic and cultural development, and oversee
their fulfillment; approve budgets of relevant administrative and territorial
units and oversee their fulfillment; establish local taxes and levies
according to the law; ensure local referendums and implementation of their
results; establish, reorganize and liquidate municipal companies, organizations
and institutions, oversee their activity; resolve other issues of local
importance that fall within their competence according to the law.
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Oblast and district councils shall establish programs of
social and economic and cultural development of relevant oblasts and
districts, and oversee their fulfillment; approve district and oblast budgets
that are formed from appropriations of the state budget, for their relevant
distribution among territorial communities, or for fulfillment of joint
projects, and from funds collected on a contract basis from local budgets for
implementation of joint social and economic and cultural programs, and
oversee their fulfillment; resolve other issues that fall within their
competence according to the law.
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Oblast and
district councils shall approve programs of social, economic and cultural
development of relevant oblasts and districts, and oversee fulfillment of
them; approve district and oblast budgets and oversee fulfillment of them;
resolve other issues that fall within their competence according to the law.
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Local self-governing bodies may receive some powers of
executive branch agencies according to the law. The state shall finance
exercise of such powers in full amount on the account of appropriations of
the State Budget of Ukraine, or by collection of some national taxes to a
local budget in line with a procedure established by law, and transfer
relevant state-owned assets to local self-governing bodies.
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Local self-governing bodies,
upon the principles and according to the procedure defined by law, may
receive some powers of executive agencies according to the law. The state
shall finance exercise of such powers in full amount on the account of
appropriations of the State Budget of Ukraine, or by collection of some
national taxes to a local budget in line with a procedure established by law,
and transfer relevant state-owned assets to local self-governing bodies.
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Local self-governing bodies, on the issues of exercise
by them of powers of executive branch agencies, shall be accountable before
relevant executive branch agencies.
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Local self-governing bodies, on the issues of exercise by them of
powers of executive agencies, shall be accountable before relevant executive
agencies.
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Article 150. The following shall be
included into the competence of the Constitutional Court of Ukraine:
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Article 150. The following shall be included into the competence of the
Constitutional Court of Ukraine:
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1) resolution of the issue of conformity to the
Constitution of Ukraine (constitutionality) of:
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1) resolution of the issue of conformity to the Constitution of Ukraine
(constitutionality) of:
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laws and other legal acts of the Verkhovna Rada of
Ukraine;
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laws and other legal acts of the Verkhovna Rada of Ukraine;
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acts of the President of Ukraine;
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acts of the President of Ukraine;
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acts of the Cabinet of Ministers of Ukraine;
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acts of the Cabinet of Ministers of Ukraine;
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legal acts of the Verkhovna Rada of the Autonomous
Republic of Crimea.
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legal acts of the
Verkhovna Rada of the Autonomous Republic of Crimea and acts of the Council
of Ministers of the Autonomous Republic of Crimea
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These issues shall be considered following an appeal by:
the President of Ukraine; at least forty-five members of the Parliament of
Ukraine; the Supreme Court of Ukraine; Ombudsman of the Verkhovna Rada of
Ukraine for Human Rights; Verkhovna Rada of the Autonomous Republic of
Crimea;
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These issues shall be considered following an appeal by: the President
of Ukraine; at least forty-five members of the Parliament of Ukraine; the
Supreme Court of Ukraine; Ombudsman of the Verkhovna Rada of Ukraine for
Human Rights; Verkhovna Rada of the Autonomous Republic of Crimea;
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2) official interpretation of the Constitution of
Ukraine and laws of Ukraine.
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2) official interpretation of the Constitution of Ukraine;
3) issuance of opinion for a draft law on amendment of the Constitution
of Ukraine, according to the requirements of the Chapter XII of this
Constitution.
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