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Strasbourg, 13 November 2003
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CDL (2003) 80
Engl. only
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Opinion N° 230 / 2002
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EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
2ND
DRAFT law
on amendments
to
the constitution of ukraine
(Registration
number 4105 – 4 September 2003)
No. 4105
(September
4, 2003)
Draft
Submitted by the
National Deputies of Ukraine:
Havrysh S.B., Bogatyreva
R.V., Vashchuk K.T., Gapochka M.M., Gubskiy B.V., Kravchuk L.V., Pehota V.Y.,
Symonenko P.M., Tolstoukhov A.V., Sharov I.F., Zadorozhniy O.V. and others,
In total 233
signatures
THE LAW OF UKRAINE
On Amending the Constitution of Ukraine
The Verkhovna Rada of Ukraine has resolved:
To make the following changes and
amendments into the Constitution of Ukraine (Vidomosti of Verkhovna Rada of
Ukraine, 1996, #30, p.141):
- Articles
76, 78, 81-83, 85, 87-90 and 93 shall be worded respectively as follows:
“Article 76. The constitutional composition of
the Verkhovna Rada of Ukraine is made up of 450 National Deputies
of Ukraine who are elected on the basis of universal, equal and direct
suffrage, by secret ballot.
A citizen of Ukraine who has attained the age of
twenty-one on the day of elections, has the right to vote, and has resided on
the territory of Ukraine for the past five years, may be elected to the
Verkhovna Rada Ukraine.
A citizen who has a criminal record for
committing an intentional crime cannot be elected to the Verkhovna Rada of Ukraine
unless such record has been revoked and erased according to the procedure
established by the law.
The authority of National Deputies of
Ukraine is determined by the Constitution and the laws of Ukraine.
The term of authority of the Verkhovna
Rada of Ukraine shall be five years.”
“Article 78. National Deputies of Ukraine
exercise their authority on a permanent basis.
National Deputies of Ukraine shall not
have another representative mandate, be
in the civil service, hold any other
paid offices (except for the offices of ministers and chief executives of
central bodies of executive power), pursue any remunerative or business
activities (except for academic, research and artistic activities), be members
of governing or supervisory boards of companies or any profit-making institutions.
Requirements concerning the
incompatibility of the mandate of the deputy with other types of activity are
established by law.
Should any circumstances arise in
violation of the requirements concerning the incompatibility of the mandate of
the deputy with some other types of activity, the National Deputy of Ukraine
shall, within the period of twenty days, terminate such activity or submit a personal statement on
relinquishment of authority of the National Deputy of Ukraine.
Article 81. The authority of National
Deputies of Ukraine, including those who were elected to replace the deputies
that relinquished their authority prior to the expiration of their term or those elected in by-elections, terminates simultaneously with the
termination of authority of the Verkhovna Rada of Ukraine.
The authority of a National Deputy of Ukraine terminates prior to the expiration
of the term in the event of:
1) his or her resignation through a
personal statement;
2)
a guilty verdict against him or
her;
3) a court declaring him or her
incompetent or missing;
4) termination of his or her
citizenship or his or her departure from Ukraine for permanent residence abroad;
5) failure within twenty days to
eliminate circumstances that violate requirements concerning the
incompatibility of the mandate of the deputy with other types of activity;
6) his or her absence, without serious
grounds, from one hundred plenary sessions of the Verkhovna Rada of Ukraine over the calendar year;
7) failure
of a National Deputy of Ukraineelected from a
political party list (or from election bloc of political parites) to join the
deputies’ faction of such political party (election bloc of political parites)
or in the event of discontinuation of a National Deputy’s membership in such
faction or his or her dismissal therefrom;
8)
his or her death.
The authority of a National Deputy of
Ukraine, in line with the Constitution of Ukraine, terminates prior to the
expiration of the term also in the event of early termination of authority of
the Verkhovna Rada of Ukraine, i.e. on the opening day of the first session of
the new Verkhovna Rada attended by newly elected National Deputies of Ukraine
as a result of early elections.
The decision on the early termination of
authority of a National Deputy of Ukraine in cases envisaged in subparagraphs
1, 4, 6 of part two of this article is passed by the Verkhovna Rada of Ukraine,
in the case envisaged in subparagraph 5 of part two of this article such
decision is passed in accordance with a judicial procedure. In the event of a
guilty verdict against a National Deputy of Ukraine
entering into legal force, declaring him or her incompetent or missing, his or
her authority terminates from the day of the court’s decision coming into
effect; in the event of his or her death
it terminates from the day of death as stated in a death certificate.
In the event of failure of a National
Deputy of Ukraine elected from a political party list (or from election bloc of
political parties) to join the deputies’ faction of such political party
(electoral bloc of political parties) or in the event of a National Deputy’s
discontinuation of membership in such faction or his or her dismissal thereof, his or her authority shall be
terminated prior to the expiration of the term on the basis of the law pursuant
to a decision of the highest steering body of the respective political party
(election bloc of political parties) from the date of passing such a decision.
Article 82.
The Verkhovna Rada of Ukraine works in sessions.
The Verkhovna Rada of Ukraine
assembles for its first session no later than on the thirtieth day after the
official announcement of the election results.
The first meeting of The Verkhovna Rada
of Ukraine is opened by the eldest National Deputy of Ukraine.
Article 83. Regular sessions of the
Verkhovna Rada of Ukraine commence on the first Tuesday of February and on the first Tuesday
of September each year.
Extraordinary sessions of the Verkhovna
Rada of Ukraine, with the stipulation of their agenda, are convoked by the Chairman
of the Verkhovna Rada of Ukraine,
on the demand of the President of Ukraine, or on the demand of no fewer
National Deputies of Ukraine than one-third of the constitutional composition
of the Verkhovna Rada of Ukraine.
In the event of declaring the decree of
the President of Ukraine on imposing martial law or state of emergency in Ukraine
or some single areas of Ukraine, the Verkhovna Rada of Ukraineassembles within two days without convocation procedures.
The working procedure of the Verkhovna Rada of Ukraine shall be
established by the Constitution of Ukraine and by the Rules of Procedure of the
Verkhovna Rada of Ukraine.
Following the
results of elections and on the basis of coordination and bringing together of
political positions the Verkhovna Rada of Ukraine forms the coalition of deputies’ factions and
groups of deputies. Such coalition includes the majority of National Deputies
making up the constitutional composition of the Verkhovna Rada of Ukraine which, in line with the Constitution of Ukraine,
submits proposals to the President of Ukraine on the nomination of the
Prime-Minister, forms the Cabinet of Ministers of Ukraine and is responsible
for its performance.
The
coalition of deputies’ factions and deputies’ groups within the Verkhovna Rada
of Ukraine is established within one month from the opening day of the
first sitting of the Verkhovna Rada of Ukraine, which is held after regular or early
elections to the Verkhovna Rada of Ukraine or within one month from the day the
coalition of deputies’ factions and deputies’ groups terminates its activity.
The principles for shaping
coalition as well as organization and termination of its activities are
established by the Constitution of Ukraine and the Rules of Procedure of the
Verkhovna Rada of Ukraine.”
“Article 85. The authority of the Verkhovna Rada of Ukraine comprises:
1)
introducing amendments to the
Constitution of Ukraine within the limitations and according to the procedure
envisaged by Chapter XIII of this Constitution;
2) designating an All-Ukrainian referendum on issues determined by Article
73 of this
Constitution;
3) adopting laws;
4) approving the State Budget of
Ukraine and introducing amendments to it; controlling the implementation of the
State Budget of Ukraine and adopting decisions in regard to the report on its implementation;
5) determining the principles of
domestic and foreign policy;
6) approving national programmes of
economic, scientific and technological, social, national and cultural
development, and the protection of the
environment;
7) designating elections of the
President of Ukraine within the terms envisaged by this Constitution;
8) hearing annual and special messages
of the President of Ukraine on the state of domestic and foreign position of Ukraine;
9) declaring war upon the submission of
the President of Ukraine and concluding peace, approving the decision of the
President of Ukraine on the use of the Armed Forces of Ukraine and other
military formations in the event of armed aggression against Ukraine;
10) removing the President of Ukraine
from office in accordance with the special procedure (impeachment) established
by Article 111 of this Constitution;
11) considering and adopting the
decision in regard to the approval of the programme of activities of the
Cabinet of Ministers of Ukraine;
12)
appointing to office the Prime Minister of
Ukraine, the Minister of Defence, the Minister of Foreign Affairs and the Head of the National Security Service of Ukraine on
the submission of the President of Ukraine, appointing to office other members
of the Cabinet of Ministers of Ukraine, the Chairman of the Antimonopoly
Committee of Ukraine, the Chairman of the State Committee on Television and
Radio Broadcasting of Ukraine, the Chairman of the State Property Fund of
Ukraine on the submission of the Prime Minister of Ukraine, terminating the
authority of the aforesaid persons, addressing the issue of resignation from office of the Prime Minister of
Ukraine, members of the Cabinet of Ministers;
13)
exercising
control over the activities of the Cabinet of Ministers of Ukraine in
accordance with this Constitution;
14) confirming decisions on granting loans and economic
aid by Ukraine to foreign states and international organizations and also
decisions on Ukraine receiving loans not envisaged by the State Budget of
Ukraine from foreign states, banks and international financial organizations,
exercising control over their use;
15) adopting the Rules of Procedure of the Verkhovna Rada
of Ukraine
16) appointing
to office and dismissing from office the Chairman and other members of the
Accounting Chamber of Ukraine;
17) appointing to office and dismissing from office the Authorized
Human Rights
Representative of the Verkhovna Rada of Ukraine; hearing his or her annual reports
on the state of the observance and protection of human rights and freedoms in Ukraine;
18) appointing
to office and dismissing from office the Chairman of the National Bank of Ukraine on the submission of the President
of Ukraine;
19) appointing
to office and dismissing from office of the composition of the Council of the National Bank of Ukraine;
20) appointing
one-half of the composition of
the National Council of Ukraine on Television and Radio Broadcasting;
21) appointing
to office and terminating the
authority of the members of the Central Electoral Commission on the submission
of the President of Ukraine;
22) confirming the general structure and
numerical strength, and defining the functions of the Armed Forces of Ukraine,
the National Security Service of Ukraine and other military formations created
in accordance with the laws of Ukraine, as well as the Ministry of
Internal Affairs of Ukraine;
23) approving decisions on providing
military assistance to other states, on sending units of the Armed Forces of
Ukraine to another state, or on admitting units of armed forces of other states
into the territory of Ukraine;
24) establishing
state symbols of Ukraine;
25) granting
consent for the appointment to office and dismissal from office by the
President of Ukraine of the Procurator General of Ukraine;declaring vote of no
confidence in Procurator General of Ukrainethat results in
his or her resignation from office;
26) appointing
half of the composition of the Constitutional Court of Ukraine
27) electing
judges for the time period of ten years;
28) terminating, prior to the expiration of
the term, the
authority of the Verkhovna Rada of the Autonomous Republic of the Crimea, based
on the opinion of the Constitutional Court of Ukraine to the effect that the Constitution of Ukraine or the laws of
Ukraine have been violated by the Verkhovna Rada of the Autonomous Republic of
the Crimea; designating early
elections to the Verkhovna Rada of the Autonomous Republic of the Crimea;
29) establishing and abolishing
districts, establishing and altering the boundaries of districts and cities,
assigning inhabited localities to the category of cities, naming and renaming
inhabited localities and districts;
30) designating regular and early
elections to bodies of local self-government;
31) confirming, within two days from the
moment of the address by the President of Ukraine, decrees on imposing martial
law or state of emergency in Ukraine or some of its areas, on total or partial
mobilization, and on declaring some single areas as environmental disaster
zones;
32) granting
consent by law to the binding character of international treaties of Ukraineand denouncing international treaties of Ukraine if the consent to the
binding character of the
latter has been granted
by law;
33) exercising
parliamentary control within the limitations determined by this Constitution;
34) confirming
by law the Constitution of the Autonomous Republic of the Crimea
and changes into it, establishing legal basis for the property that belongs to
the Autonomous Republic;
35) appointing
to office and dismissing from office the Chief of Staff of the Verkhovna Rada
of Ukraine;approving the budget of the Verkhovna Rada of Ukraine
and structure of its staff;
36) confirming the list of legal
entities in state property that are not subject to privatization; determining
the legal principles for the expropriation of facilities, which are in private
property;
The Verkhovna Rada of Ukraine exercises other powers ascribed to
its competence in accordance with the Constitution of Ukraine.”
Article 87. The Verkhovna Rada of Ukraine, on the
proposal of the President of Ukraine or no fewer National Deputies of Ukraine
than one-third of its constitutional composition, may consider the issue of
responsibility of the Cabinet of Ministers of Ukraine and adopt a resolution of no confidence in the
Cabinet of Ministers of Ukraine by the majority of the constitutional
composition of the Verkhovna Rada of Ukraine.
The issue of
responsibility of the Cabinet of Ministers of Ukraine shall not be considered
by the Verkhovna Rada of Ukraine more than once during one regular session, and also
within one year after the approval of the programme of activities of the
Cabinet of Ministers of Ukraine or during the last session of the Verkhovna
Rada of Ukraine.
Article 88. The
Verkhovna Rada of Ukraine elects from among its members the Chairman of the
Verkhovna Rada of Ukraine, the First Deputy Chairman and Deputies to the Chairman of the
Verkhovna Rada of Ukraine, and recalls them from their offices. The number of
deputies to the Chairman of the Verkhovna Rada of Ukraine shall be determined by
the Verkhovna Rada of Ukraine.
The Chairman of
the Verkhovna Rada of Ukraine:
1) presides at plenary meetings of the Verkhovna
Rada of Ukraine;
2) organizes the preparation of issues
for consideration at the plenary meetings of the Verkhovna Rada of Ukraine;
3) signs acts adopted by the Verkhovna
Rada of Ukraine;
4) represents the Verkhovna Rada
of Ukraine in relations with other bodies of
state power of Ukraine and with the bodies of power of
other states;
5) organizes the work of the staff of
the Verkhovna Rada of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine exercises authority envisaged by
the Constitution, according to the procedure established by the Rules of Procedure
of the Verkhovna Rada of Ukraine.
Article 89. In order to perform the work of legislative drafting, prepare and
conduct the preliminary consideration of issues ascribed to its authority,
exercise its control and auditing
functions in accordance with the Constitution of Ukraine, the Verkhovna Rada of
Ukraine establishes its select committees from among the National Deputies of
Ukraine and elects Chairmen to such Committees, their first deputies as well as
other deputies and secretaries of committees.
Article 90. The authority of the
Verkhovna Rada of Ukraine is terminated on the opening day of the first sitting of the
Verkhovna Rada of Ukraine of a new
convocation.
The President
of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of its term if:
1)
the coalition of deputies’ factions
and deputies’ groups has not been formed within one month in line with article
83 of this Constitution;
2) within three months the Verkhovna Rada of Ukraine
fails to elect the President of Ukraine in line with article 103 of the Constitution of
Ukraine;
3) within sixty days after the
resignation of the Cabinet of Ministers of Ukraine the individual membership of
the Cabinet of Ministers of Ukraine is not formed;
4) within thirty days of a single
regular session the plenary meetings fail to commence;
This decision is made by the President of
Ukraine after consultations with the Chairman of the Verkhovna Rada of Ukraine and his deputies and the heads of
deputies’ factions and deputies’ groups.
The authority
of the Verkhovna Rada of Ukraine shall not be terminated prior to the expiration of
its term within the last six months of the term of authority of the Verkhovna
Rada of Ukraine and the President of Ukraine, with the exception of the case envisaged
by subparagraph 2 of part two of this article”;
“Article 93.
The right of legislative initiative in the Verkhovna Rada of Ukraine belongs to the President of Ukraine, the National
Deputies of Ukraine and the Cabinet of Ministers.
Article 98. The Accounting Chamber of
Ukraine exercises its control over the use of finances of the State Budget of Ukraine on behalf
of the Verkhovna Rada of Ukraine”;
4. In article 103:
a)
first
part shall be replaced by three new parts as follows:
Article 103. The President of
Ukraine is elected by the Verkhovna Rada of Ukraine.
The
President of Ukraine is considered to be elected if not less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine have voted in his or her
favor by secret ballot.
The President of Ukraine is
elected for a five-year term”;
b)
part five shall be excluded;
Thus,
parts two-four and six shall be considered parts four-seven respectively.
- In
article 106:
a) in part one:
subparagraphs 8-12 shall be worded as follows:
8) “terminates the authority of
the Verkhovna Rada of Ukrainein cases envisaged by the Constitution of Ukraine;
9) following
the proposal of a coalition of deputies’ factions and deputies’ groups, formed
in accordance with article 83 of the Constitution of Ukraine, and after
consultations with heads of such factions and groups, submits a request on the appointment of the Prime Minister of Ukraine by the Verkhovna
Rada of Ukraine no later than on the fifteenth day after receiving such
proposal.
10) submits a request to the Verkhovna Rada of Ukraine on the appointment of the
Minister of Defence and the
Minister of Foreign Affairs;
11) appoints
the Procurator General of Ukraineto office and dismisses him or her from office with the consent of the
Verkhovna Rada of Ukraine;
12) submits a request to the Verkhovna Rada of Ukraineon the appointment of the Head of National Security Service of Ukraine”;
subparagraph 14 shall be excluded;
subparagraphs
15 and 16 shall be worded as follows:
“15)
terminates the acts of the Cabinet of Ministers of Ukraine due to their
non-compliance with the Constitution of Ukraine and other laws of Ukraine,and concurrently addresses the Constitutional Court of Ukraine concerning their
constitutionality;
16) revokes acts of the Council
of Ministers of the Autonomous Republic of the Crimea”;
subparagraph 19 after the words “the decision on the use of the Armed Forces of Ukraine” shall be complemented with the phrase “and other military formations”;
subparagraphs 22, 29
and 30 shall be worded as follows:
“22) appoints one half of the composition to the
Constitutional Court of Ukraine”;
“29) signs laws:
“30) has the
right to veto laws adopted by the Verkhovna Rada of Ukraine
(except for laws on making changes to the Constitution of Ukraine) with their
subsequent return for repeat consideration by the Verkhovna Rada of Ukraine”;
b)
part
four shall be worded as follows:
“Acts of the
President of Ukraine, issued within the limits of authority as envisaged in
paragraphs 5, 8, 18, 21 and 23 of this Article, are co-signed by the Prime
Minister of Ukraine and the Minister responsible for the act and its
execution”;
6. Article 112 shall be worded as follows:
“Article 112. In the event of the pre-term termination of authority
of the President of Ukraine in accordance with Articles 108, 109, 110 and 111
of this Constitution, the execution of duties of the President of Ukraine, for
the period pending the elections and the assumption of office by the new
President of Ukraine, is vested in the Chairman of the Verkhovna Rada of
Ukraine. The Chairman of the Verkhovna Rada of Ukraine, while executing the
duties of the President of Ukraine, shall not exercise the powers envisaged in
subparagraphs 2, 6-8, 10-14, 22, 24, 25, 27, 28 of Article 106 of the
Constitution of Ukraine”;
7. Articles 113-115 shall be worded as follows:
“Article 113. The Cabinet of Ministers of Ukraine (Government of
Ukraine) is the highest body in the system of bodies of executive power.
The Cabinet of Ministers of Ukraine is
responsible to the President of Ukraine and the Verkhovna Rada of Ukraine and
is under the control of and accountable to the Verkhovna Rada of Ukraine within
the limits envisaged by the Constitution of Ukraine.
The Cabinet of Ministers of
Ukraine is guided in its activity by the Constitution and the laws of Ukraineand by the acts of the President of Ukraine.
Article 114. The Cabinet of Ministers
of Ukraine is composed of the Prime Minister of Ukraine, the First Vice Prime
Minister, three Vice Prime Ministers and Ministers.
The Prime Minister of Ukraine is
appointed by the Verkhovna Rada of Ukraineon the submission of the President of Ukraine.
The President of Ukraine nominates the Prime
Minister of Ukraine on the proposal of a coalition of deputies’ factions and
deputies’ groups formed in line with Article 83 of the Constitution of Ukraine
after relevant consultations with the heads of deputies’
factions and deputies’ groups.
The
Minister of Defense of Ukraine and the Minister of Foreign Affairs are
appointed by the Verkhovna Rada of Ukraine
on the submission of the President of Ukraine, other members of the Cabinet of Ministers of Ukraine are appointed
by the Verkhovna Rada of Ukraine
on the submission of the Prime Minister of Ukraine.
The Prime
Minister of Ukraine manages the work of the Cabinet of Ministers of Ukraine and
steers it towards the implementation of the Programme of activities of the
Cabinet of Ministers of Ukraine adopted by the Verkhovna Rada of Ukraine.
Article
115. The Prime Minister of Ukraine tenders its resignation to the newly-elected
Verkhovna Rada of Ukraine.
The Prime
Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine, have
the right to announce their resignation to the Verkhovna Rada of Ukraine.
The
resignation of the Prime Minister of Ukraine, the adoption by the Verkhovna
Rada of Ukraine of the resolution of no confidence in the Cabinet of Ministers of
Ukraine results in the resignation of the entire Cabinet of Ministers of
Ukraine. In such cases the Prime
Minister of Ukraine is obliged to submit a statement of resignation of the
Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine.
The Cabinet
of Ministers, whose resignation is accepted, continues to exercise its powers
until a newly-formed Cabinet of Ministers of Ukraine commences its operation
but no longer than for sixty days”;
8. In article 116:
a). In subparagraph 6 the phrase “submits a report on its implementation to the Verkhovna Rada of
Ukraine” shall be replaced by “submits a draft law on making changes to the law
on the State Budget of Ukraine as well as
a report on its implementation to the Verkhovna Rada of Ukraine”;
b) The article after subparagraph 9
shall be complemented by the following subparagraphs:
“10) establishes,
reorganizes and liquidates ministries and other central bodies of executive
power acting within the limits of funds provided for maintenance of the bodies
of executive power;
“11) appoints,
on the submission of the Prime Minister of Ukraine and in accordance with the
Constitution of Ukraine,
heads of central bodies of executive power that are not in the composition of
the Cabinet of Ministers of Ukraine, heads of local state administrations
and terminates authority of such persons
in their respective offices;
12) appoint one-half of the composition
of the National Bank of Ukraine”;
Thus, subparagraph 10 shall be
considered as subparagraph 13;
- In
article 118:
a) part four shall be worded as
follows:
“Heads of local state administrations
are appointed to office and dismissed from office by the Cabinet of Ministers
of Ukraine upon the submission of the Prime Minister of Ukraine”;
b) part nine and ten shall be worded as
follows:
“An oblast or district council may express a
vote of no confidence in the head of the respective local state administration,
on which grounds the Cabinet of Ministers of Ukraine adopts a decision and
provides a substantial reply.
If two-thirds
of the deputies of the composition of the respective council express no
confidence in the head of a district or oblast state administration, the
Cabinet of Ministers of Ukraine adopts a decision on the resignation of the
head of the local state administration”;
10. Article 120 shall be worded as follows:
“Article 120. Members of the Cabinet of
Ministers of Ukraine and chief executives of central and local bodies of
executive power do not have the right to combine their official activity with
any other work (except for the cases envisaged by part two of this article as
well as teaching, scholarly and creative activity outside of working
hours), or to be members of an administrative body or supervisory board of any
profit-making institution..
Ministers and other heads of central
bodies of executive power may combine their official activity with their
representative mandate of the National Deputy of Ukraine.
The organization, authority and
operational procedure of the Cabinet of Ministers, and other central and local
bodies of executive power, are determined by the Constitution and the laws of Ukraine”;
11. Article 121 shall be complemented with the following subparagraph:
“5) supervision over the
observance of human and citizens’ rights and freedoms, compliance with the laws
on these issues by the bodies of state power, bodies of local power and their
officers and civil servants”;
12. Part one of article 122 shall be worded as follows:
“The Prosecutor General’s Office of
Ukraine is headed by the Prosecutor General, who is appointed to office and
dismissed from office, with the consent of the Verkhovna Rada of Ukraine,
by the President of Ukraine.
The
Verkhovna Rada of Ukraine may express a vote of no confidence in the Prosecutor General of Ukraine that results in his or her
resignation from office”;
- In
article 126:
a) part four shall be worded as
follows:
Judges are elected to their
offices for the period of ten years, except for justices of the Constitutional
Court of Ukraine and judges appointed to the office of judge for the first
time”;
b)
subparagraph 2 of part five shall be worded as follows:
“the judge’s attainment of the age of
sixty-five and by attainment of the age of seventy by the justices of the
Constitutional Court of Ukraine;
14. The second sentence of part one of article 128 shall be worded as
follows:
“All other judges, except the judges of
the Constitutional Court of Ukraine, are elected by the Verkhovna Rada of
Ukraine for the period of ten years by the procedure established by law”;
- Part one of article 141 shall
be worded as follows:
“A village, settlement, city, rayon, oblast council is
composed of deputies elected for a four-year term by residents of a village,
settlement, city, rayon, oblast on the basis of universal, equal and direct
suffrage, by secret ballot”;
- Part
two of article 148 shall be as follows:
“The President of Ukraine, the Verkhovna
Rada of Ukraineeach appoint nine justices to the Constitutional
Court of Ukraine”;
17.
The
Constitution of Ukraine shall be complemented with chapter XVI “Final Provisions
related to changes to the Constitution of Ukraine” as follows:
“CHAPTER XVI.
Final Provisions related to changes to the
Constitution of Ukraine
1.
Changes to the Constitution of Ukraine introduced by
the Law of Ukraine dated _______________ “ On making changes to the
Constitution of Ukraine” shall enter into effect four months after its adoption
by the Verkhovna Rada of Ukraine”, with the
exception of cases envisaged in this chapter.
2.
The Constitutional composition of the Verkhovna Rada
of Ukraine, which is made up of 450 National Deputies, shall be elected in the
year of 2006 on the basis of universal, equal and direct suffrage, by secret
ballot, and following the principles of proportional system, whereby National
Deputies of Ukraine shall be elected in multi-mandate national election
districts according to electoral lists of candidates nominated by political
parties, election blocs of political parties as prescribed by the law.
3.
The term of authority of the Verkhovna Rada of Ukraine elected in the
year of 2002 shall be four years.
Part five of the
new version of article 76 of the Constitution of Ukraine shall enter into
effect from the day of assuming authority by the Verkhovna Rada elected in the
year of 2006.
4.
The President of Ukraine, in accordance with changes
to the Constitution of Ukraine made by this law, shall be elected by the
Verkhovna Rada of Ukraine within one month after the Verkhovna Rada elected in
2006 has assumed authority.
5.
The regular election of the President of Ukraine
shall be held according to the Constitution of Ukraine on the last Sunday of
October 2004.
The President of
Ukraine shall assume authority, according to this law, upon inauguration to his
or her office following the results of election of the President of Ukraine in
2004.
6.
The authority of the President of Ukraine elected in
the year of 2004 shall be terminated from the moment of inauguration to his or
her office of the President of Ukraine newly elected by the Verkhovna Rada in
the year of 2006.
7.
The justices of the Constitutional Court of Ukraine
appointed by the Congress of Ukraine’s judges shall continue to exercise their
authority until the expiration of the term defined by this Constitution. Upon
termination of authority of such justices the President of Ukraine and the
Verkhovna Rada shall appoint three new justices to the Constitutional
Court each.
In the event of
early termination of authority of the Constitutional
Court justices appointed by the Congress of
Ukraine’s judges the new justices of the Constitutional Court of Ukraine shall
be appointed in turn by the President of Ukraine and the Verkhovna Rada of Ukraine.
8.
Changes as regards the election of justices for the
term of ten years shall be applied to the elected justices beginning from the
day of entry into force of the Law of Ukraine dated ______________ “On making
changes to the Constitution of Ukraine”.
9.
The bodies of the Prosecutor’s Office of Ukraine
shall exercise powers as stipulated in paragraph 5 of article 121 of the Law
within five years from the day of entry into force of this Law.”
COMPARATIVE TABLE
To the draft Law of Ukraine “On Amending the Constitution of Ukraine”
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Text of the Constitution of Ukraine
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Text of the Constitution of Ukraine
with proposed amendments
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CHAPTER IV
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CHAPTER IV
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THE VERKHOVNA RADA OF UKRAINE
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THE VERKHOVNA
RADA OF UKRAINE
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Article
76. The constitutional composition of the Verkhovna Rada of Ukraine
is made up of 450 National Deputies of Ukraine who are elected for a four-year term on the basis of
universal, equal and direct suffrage, by secret ballot.
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Article
76. The constitutional composition of the Verkhovna Rada of Ukraine
is made up of 450 National Deputies of Ukraine who are elected on the basis
of universal, equal and direct suffrage, by secret ballot.
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A citizen
of Ukraine who has attained the age of twenty-one on the day of elections,
has the right to vote, and has resided on the territory of Ukraine for the past five years, may be a National
Deputy of Ukraine.
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A citizen of Ukraine who has attained the age of
twenty-one on the day of elections, has the right to vote, and has resided on
the territory of Ukraine for the past five years, may be elected to the Verkhovna Rada Ukraine.
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A
citizen who has a criminal record for committing an intentional crime shall
not be elected to the Verkhovna Rada of Ukraine
unless such record has been revoked and erased according to the procedure
established by the law.
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A citizen who has a criminal record for
committing an intentional crime shall not be elected to the Verkhovna Rada of
Ukraine unless such record has been revoked and
erased according to the procedure established by the law.
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The
authority of National Deputies of Ukraine is determined by the Constitution
and the laws of Ukraine.
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The authority of National Deputies of
Ukraine is determined by the Constitution and the laws of Ukraine.
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The term of
authority of the Verkhovna Rada of Ukraine shall be five years.
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Article
78. National Deputies of Ukraine exercise their authority on a permanent
basis.
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Article 78. National Deputies of Ukraine
exercise their authority on a permanent basis.
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National
Deputies of Ukraine shall not have another representative mandate or be in
the civil service.
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National Deputies of Ukraine shall not have
another representative mandate, be
in the civil service, hold any other
paid offices (except for the offices of ministers and chief executives of
central bodies of executive power), pursue any remunerative or business
activities (except for academic, research and artistic activities), be members
of governing or supervisory boards of companies or any profit-making
institutions.
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Requirements
concerning the incompatibility of the mandate of the deputy with other types
of activity are established by law.
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Requirements concerning the incompatibility
of the mandate of the deputy with other types of activity are established by
law.
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Should any
circumstances arise in violation of the requirements concerning the
incompatibility of the mandate of the deputy with some other types of
activity, the National Deputy of Ukraine shall, within the period of twenty
days, terminate such activity or submit a personal statement on
relinquishment of authority of the National Deputy of Ukraine.
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Article
81. The authority of National Deputies of Ukraine terminates simultaneously
with the termination of authority of the Verkhovna Rada of Ukraine.
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Article 81. The authority of National
Deputies of Ukraine, including those
who were elected to replace the deputies that relinquished their authority
prior to the expiration of their term or those elected in by-elections,
terminates simultaneously with the termination of authority of the Verkhovna
Rada Ukraine.
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The
authority of a National Deputy of Ukraine
terminates prior to the expiration of the term in the event of:
1)
his or her resignation
through a personal statement;
2)
a guilty verdict against him
or her entering into legal force;
3)
a court declaring him or her
incompetent or missing;
4)
termination of his or her
citizenship or his or her departure from Ukraine
for permanent residence abroad;
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The authority of a National Deputy of Ukraine terminates prior to the
expiration of the term in the event of:
1) his or her resignation through a
personal statement;
2) a guilty verdict against him or
her entering into legal force;
3) a court declaring him or her
incompetent or missing;
4) termination of his or her
citizenship or his or her departure from Ukraine for permanent residence abroad;
5)
failure within twenty days to
eliminate circumstances that violate requirements concerning the
incompatibility of the mandate of the deputy with other types of activity;
6)
his or her absence without
serious grounds in one hundred plenary sessions of the Verkhovna Rada of Ukraine over the calendar year;
7)
failure of a National Deputy of Ukraine elected on a political party list (or from election bloc of
political parties) to join the deputies’ faction of such political party
(election bloc of political parties) or in the event of discontinuation of a
National Deputy’s membership in such faction or his or her dismissal thereof;
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5)
his or her death.
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8) his or her death.
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The authority of a National Deputy of
Ukraine, in line with the Constitution of Ukraine, terminates prior to the
expiration of the term also in the event of early termination of authority of
the Verkhovna Rada of Ukraine, i.e. on the opening day of the first session
of the new Verkhovna Rada attended by newly elected National Deputies of
Ukraine as a result of early elections.
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The
decision on the early termination of authority of a National Deputy of Ukraine
is adopted by the majority of the
constitutional composition of the Verkhovna Rada of Ukraine.
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The decision on
the early termination of authority of a National
Deputy of Ukraine in cases envisaged in items 1, 4, 6 of part two of this
article is passed by the Verkhovna Rada of Ukraine, in cases envisaged in
item 5 of part two of this article such decision is passed in accordance with
a judicial procedure. In the event of a guilty verdict against a National
Deputy of Ukraine entering into legal force,
declaring him or her incompetent or missing, his or her authority terminates
from the day of the court’s decision coming into effect; in the event of his or her death – from the day of death as
stated in a death certificate.
In the event of failure of a National Deputy
of Ukraine elected on a political party list (or from election bloc of
political parties) to join the deputies’ faction of such political party
(electoral bloc of political parties) or in the event of a National Deputy’s
discontinuation of membership in such faction or his or her dismissal thereof, his or her authority shall be
terminated prior to the expiration of the term on the basis of the law
pursuant to a decision of the highest steering body of the respective
political party (election bloc of political parties) from the day of passing
such a decision.
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If a requirement concerning incompatibility of the
mandate of the deputy with other types of activity is not fulfilled, the
authority of the National Deputy of Ukraine terminates prior to the
expiration of the term on the basis of the law pursuant to a court decision.
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Article
82. The Verkhovna Rada of Ukraine
works in sessions.
The
Verkhovna Rada of Ukraine shall have authority only on condition that no less than
two-thirds of its constitutional composition has been elected.
The
Verkhovna Rada of Ukraine assembles for its first session no later than on the thirtieth
day after the official announcement of the election results.
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Article 82. The Verkhovna Rada of Ukraine works in sessions.
The Verkhovna Rada of Ukraine shall have authority only on
condition that no less than two-thirds of its constitutional composition has
been elected.
The Verkhovna Rada of Ukraine assembles for its first session
no later than on the thirtieth day after the official announcement of the
election results.
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The first meeting of the Verkhovna Rada of Ukraine is opened by the eldest
National Deputy of Ukraine.
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The first meeting
of The Verkhovna Rada of Ukraine is opened by the eldest National Deputy of Ukraine.
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The
operational procedure of the Verkhovna Rada of Ukraine
is established by the Constitution of Ukraine and the law on the Rules of
Procedure of the Verkhovna Rada of Ukraine.
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Article
83. Regular sessions of the Verkhovna Rada of Ukraine
commence on the first Tuesday of February and on the first Tuesday of
September each year.
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Article 83. Regular sessions of the
Verkhovna Rada of Ukraine commence on the first Tuesday
of February and on the first Tuesday of September each year
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Extraordinary
sessions of the Verkhovna Rada of Ukraine,
with the stipulation of their agenda, are convoked by the Chairman of the
Verkhovna Rada of Ukraine, on the demand of no fewer National Deputies of Ukraine than one-third of the constitutional
composition of the Verkhovna Rada of Ukraine, or on the demand of the
President of Ukraine.
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Extraordinary sessions of the Verkhovna
Rada of Ukraine, with the stipilation of their
agenda, are convoked by the Chairman of the Verkhovna Rada of Ukraine, on the demand of the President of Ukraine, or on
the demand of no fewer National
Deputies of Ukraine than one-third of the constitutional composition of
the Verkhovna Rada of Ukraine.
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In
the event of imposing martial law or state of emergency in Ukraine,
the Verkhovna Rada of Ukraine assembles within two days without convocation procedures.
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In the event of declaring the decree of the President of Ukraine on imposing martial law or
state of emergency in Ukraine or in some single areas of Ukraine, the Verkhovna Rada of Ukraine assembles within two days
without convocation procedures.
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In the event that the term of authority of the
Verkhovna Rada of Ukraine expires while martial law or state of emergency is
in effect, its authority is extended until the day of the first meeting of
the first session of the Verkhovna Rada of Ukraine, elected after lifting
martial law or state of emergency.
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The working
procedure of the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and by the Rules of Procedure of the Verkhovna Rada of Ukraine.
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Following the
results of elections and on the basis of coordination and bringing together
of political positions the Verkhovna Rada of Ukraine forms the coalition of deputies’ factions and groups of deputies.
Such a coalition includes the majority of National Deputies making up the
constitutional composition of the Verkhovna Rada of Ukraine which, in line
with the Constitution of Ukraine, submits proposals to the President of
Ukraine on the nomination of the Prime-Minister, forms the Cabinet of
Ministers of Ukraine and is responsible for its performance.
The coalition of deputies’s factions and
deputies’ groups within the Verkhovna Rada of Ukraine is established within
one month from the opening day of the first sitting of the Verkhovna Rada of
Ukraine, which is held after regular or early elections to the Verkhovna Rada
of Ukraine or within one month from the day the coalition of deputies’
factions and deputies’ groups terminates its activity.
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The principles for
shaping coalition as well as organization and termination of its activities
are established by the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.
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Article
85. The authority of the Verkhovna Rada of Ukraine
comprises:
1)
introducing amendments to the
Constitution of Ukraine within the limits and according to the procedure
envisaged by Chapter XIII of this Constitution;
2)
designating an All-Ukrainian
referendum on issues determined by Article 73 of this Constitution;
3)
adopting laws;
4)
approving the State Budget of
Ukraine and introducing amendments to it; controlling the implementation of
the State Budget of Ukraine and adopting decisions in regard to the report on its implementation;
5)
determining the principles of
domestic and foreign policy;
6)
approving national programmes
of economic, scientific and technical, social, national and cultural
development, and the protection of the
environment;
7)
designating elections of the
President of Ukraine within the terms envisaged by this Constitution;
8)
hearing annual and special
messages of the President of Ukraine on the domestic snd foreign situation of
Ukraine;
9)
declaring war upon the
submission of the President of Ukraine and concluding peace, approving the
decision of the President of Ukraine on the use of Armed Forces of Ukraine
and other military formations in the event of armed aggression against
Ukraine;
10)
removing the President of
Ukraine from office in accordance with the special procedure (impeachment)
established by Article 111 of this Constitution;
11)
considering and adopting the
decision in regard to the approval of the programme of activities of the
Cabinet of Ministers of Ukraine;
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Article 85. The authority of the
Verkhovna Rada of Ukraine comprises:
1) introducing amendments to the
Constitution of Ukraine within the limits and according to the procedure
envisaged by Chapter XIII of this Constitution;
2) designating an All-Ukrainian
referendum on issues determined by Article 73 of this Constitution;
3) adopting laws;
4) approving the State Budget of
Ukraine and introducing amendments to it; controlling the implementation of
the State Budget of Ukraine and adopting decisions in regard to the report on its implementation;
5) determining the principles of
domestic and foreign policy;
6) approving national programmes of
economic, scientific and technical, social, national and cultural
development, and the protection of the
environment;
7) designating elections of the
President of Ukraine within the terms envisaged by this Constitution;
8) hearing annual and special
messages of the President of Ukraine on the domestic snd foreign situation of
Ukraine;
9) declaring war upon the
submission of the President of Ukraine and concluding peace, approving the
decision of the President of Ukraine on the use of Armed Forces of Ukraine
and other military formations in the event of armed aggression against
Ukraine;
10) removing the President of
Ukraine from office in accordance with the special procedure (impeachment)
established by Article 111 of this Constitution;
11) considering and adopting the
decision in regard to the approval of the programme of activities of the
Cabinet of Ministers of Ukraine;
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12) giving consent to the
appointment of the Prime Minister of Ukraine by the President of Ukraine;
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12) After nomination by the President of Ukraine, appointing to office of
the Prime Minister, Minister of Defence, Minister for Foreign Affairs and the
Head of the National Security Service of Ukraine; appointing to office of the
other members of the Cabinet of Ministers of Ukraine, the Head of the
Antimonopoly Committee, the Chairman of the State Committee on Television and
Radio broadcasting, the Chairman of the State Property Fund following their
nomination by the Prime Minister of Ukraine; terminating the authority of the
aforesaid persons, adopting a decision on the resignation of the Prime Minister
of Ukraine and members of the Cabinet of Ministers;
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13)
exercising control over the
activity of the Cabinet of Ministers of Ukraine in accordance with this
Constitution;
14)
confirming decisions on
granting loans and economic aid by Ukraine to foreign states and
international organizations and also decisions on Ukraine receiving loans not
envisaged by the State Budget of Ukraine from foreign states, banks and
international financial organizations, exercising control over their use;
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13) exercising control over the
activity of the Cabinet of Ministers of Ukraine in accordance with this
Constitution;
14) confirming decisions on granting
loans and economic aid by Ukraine to foreign states and international
organizations and also decisions on Ukraine receiving loans not envisaged by
the State Budget of Ukraine from foreign states, banks and international
financial organizations, exercising control over their use;
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15) appointing or electing
to office, dismissing from office, granting consent to the appointment to and
the dismissal from office of persons in cases envisaged by this Constitution;
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15) adopting the Rules of
Procedure of the Verkhovna Rada of Ukraine;
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16)
appointing to office and
dismissing from office the Chairman and other members of the Accounting
Chamber;
17)
appointing to office and
dismissing from office the Authorized Human Rights Representative of the
Verkhovna Rada of Ukraine; hearing his or her annual reports on the situation regarding the
observance and protection of human rights and freedoms in Ukraine;
18)
appointing to office and
dismissing from office the Chairman of the National Bank of Ukraine
on the submission of the President of Ukraine;
19)
appointing to office and
dismissing from office one-half of the composition of the Council of the
National Bank of Ukraine;
20)
appointing one-half of the
composition of the National Council of Ukraine on Television and Radio
Broadcasting;
21)
appointing to office and
terminating the authority of the members of the Central Electoral Commission
on the submission of the President of Ukraine;
22)
confirming the general
structure and numerical strength, and defining the functions of the Armed
Forces of Ukraine, the National Security Service of Ukraine and other
military formations created in accordance with the laws of Ukraine, and also
the Ministry for Internal Affairs of Ukraine;
23)
approving decisions on
providing military assistance to other states, on sending units of the Armed
Forces of Ukraine to another state, or on admitting units of armed forces of
other states into the territory of Ukraine;
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16) appointing to office and
dismissing from office the Chairman and other members of the Accounting
Chamber of Ukraine;
17) appointing to office and
dismissing from office the Authorised Human Rights Representative of the
Verkhovna Rada of Ukraine; hearing his or her annual
reports on the situation regarding the observance and protection of human
rights and freedoms in Ukraine;
18) appointing to office and
dismissing from office the Chairman of the National Bank of Ukraine on the submission of the
President of Ukraine;
19) appointing to office and
dismissing from office one-half of the composition of the Council of the
National Bank of Ukraine;
20) appointing one-half of the
composition of the National Council of Ukraine on Television and Radio
Broadcasting;
21) appointing to office and
terminating the authority of the members of the Central Electoral Commission
on the submission of the President of Ukraine;
22) confirming the general structure
and numerical strength, and defining the functions of the Armed Forces of
Ukraine, the National Security Service of Ukraine and other military
formations created in accordance with the laws of Ukraine, and also the
Ministry for Internal Affairs of Ukraine;
23) approving decisions on providing
military assistance to other states, on sending units of the Armed Forces of
Ukraine to another state, or on admitting units of armed forces of other
states into the territory of Ukraine;
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24) granting consent to the
appointment to office and the dismissal from office by the President of
Ukraine of the Chairman of the Antimonopoly Committee of Ukraine, the
Chairman of the State Property Fund of Ukraine and the Chairman of the State
Committee on Television and Radio Broadcasting of Ukraine;
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24) establishing state symbols of Ukraine;
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25)
granting consent to the
appointment to office by the President of Ukraine of the Procurator General
of Ukraine; declaring no confidence in Procurator General of Ukraine that has the result of his or her resignation from office;
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25) granting consent to the
appointment to office and dismissal
from office by the President of Ukraine of the Procurator General of Ukraine; declaring no confidence in
Procurator General of Ukraine that has the result of his or
her resignation from office;
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26)
appointing one-third of the composition of the
Constitutional Court of Ukraine;
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26) appointing half of the composition of the Constitutional Court of Ukraine;
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27)
electing judges for life;
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27) electing judges for the time period of ten years;
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28)
terminating prior to the
expiration of the term of authority of the Verkhovna Rada of the Autonomous
Republic of the Crimea, based on the opinion of the Constitutional Court of
Ukraine that the Constitution of Ukraine or the laws of Ukraine have been
violated by the Verkhovna Rada of the Autonomous Republic of the Crimea;
announcing early elections to the Verkhovna Rada of the Autonomous Republic
of the Crimea;
29)
establishing and abolishing
districts, establishing and altering the boundaries of districts and cities,
assigning inhabited localities to the category of cities, naming and renaming
inhabited localities and districts;
30)
scheduling regular and early
elections to bodies of local self-government;
31)
confirming, within two days
from the moment of the address by the President of Ukraine, decrees on
imposing martial law or state of emergency in Ukraine or its particular
areas, on total or partial mobilization, and on declaration of some single
areas as environmental disaster zones;
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28) terminating prior to the
expiration of the term of authority of the Verkhovna Rada of the Autonomous
Republic of the Crimea, based on the opinion of the Constitutional Court of
Ukraine that the Constitution of Ukraine or the laws of Ukraine have been
violated by the Verkhovna Rada of the Autonomous Republic of the Crimea;
announcing early elections to the Verkhovna Rada of the Autonomous Republic
of the Crimea;
29) establishing and abolishing
districts, establishing and altering the boundaries of districts and cities,
assigning inhabited localities to the category of cities, naming and renaming
inhabited localities and districts;
30) scheduling regular and early
elections to bodies of local self-government;
31) confirming, within two days from
the moment of the address by the President of Ukraine, decrees on imposing
martial law or state of emergency in Ukraine or its particular areas, on total
or partial mobilization, and on declaration of some single areas as
environmental disaster zones;
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32)
granting consent to the
binding character of international treaties of Ukraine
within the term established by the law,
and denouncing international treaties of Ukraine;
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32) granting consent by the law to the binding character
of international treaties of Ukraine and denouncing international treaties of
Ukraine, the consent to the binding
character of which has been provided by the law;
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33)
exercising parliamentary
control within the limits determined by this Constitution;
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33) exercising parliamentary control
within the limits determined by this Constitution;
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34) adopting decisions on
forwarding an inquiry to the President of Ukraine on demand of a National
Deputy of Ukraine, a group of National Deputies or a Committee of the Verkhovna Rada of
Ukraine if such inquiry has been previously supported by no less than
one-third of the constitutional composition of the Verkhovna Rada of Ukraine
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34) approving, in the form of law, of the Constitution of the Autonomous
Republic of the Crimea and amendments into it, establishing legal basis for
the property that belongs to the Autonomous Republic of the Crimea;
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35)
appointing to office and
dismissing from office the Chief of Staff of the Verkhovna Rada of Ukraine;
approving the budget of the Verkhovna Rada of Ukraine
and the organizational structure of its staff;
36)
confirming the list of legal
entities in state property that are not subject to privatization; determining
the legal principles for the expropriation of entities in private property;
The
Verkhovna Rada of Ukraine exercises other powers ascribed to its competence in accordance
with the Constitution of Ukraine.
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35) appointing to office and
dismissing from office the Chief of Staff of the Verkhovna Rada of Ukraine; approving the budget of the
Verkhovna Rada of Ukraine and the organizational
structure of its staff;
36) confirming the list of legal
entities in state property that are not subject to privatization; determining
the legal principles for the expropriation of entities in private property;
The Verkhovna Rada of Ukraine exercises other powers ascribed
to its competence in accordance with the Constitution of Ukraine.
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Article
87. The Verkhovna Rada of Ukraine,
on the proposal of no fewer National Deputies of Ukraine than one-third of
its constitutionsl composition, may consider the issue of responsibility of
the Cabinet of Ministers of Ukraine and pass a no confidence vote in the
Cabinet of Ministers of Ukraine by the majority of the constitutional
composition of the Verkhovna Rada of Ukraine.
The
issue of responsibility of the Cabinet of Ministers of Ukraine shall not be
considered by the Verkhovna Rada of Ukraine
more than once during one regular session, and also within one year after the
approval of the Programme of activities of the Cabinet of Ministers of
Ukraine.
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Article 87. The Verkhovna Rada of Ukraine,
on the proposal of the President of
Ukraine or no fewer National Deputies of Ukraine than one-third of its
constitutional composition, may consider the issue of responsibility of the
Cabinet of Ministers of Ukraine and pass a no confidence vote in the Cabinet
of Ministers of Ukraine by the majority of the constitutional composition of
the Verkhovna Rada of Ukraine.
The issue of responsibility of the Cabinet
of Ministers of Ukraine shall not be considered by the Verkhovna Rada of Ukraine more than once during one
regular session, and also within one year after the approval of the Programme
of activities of the Cabinet of Ministers of Ukraine or during the last session of the Verkhovna Rada of Ukraine.
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Article
88. The Verkhovna Rada of Ukraine
elects from among its members the Chairman of the Verkhovna Rada of Ukraine,
the First Deputy Chairman and the
Deputy Chairman of the Verkhovna Rada of Ukraine,
and recalls them.
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Article 88. The Verkhovna Rada of Ukraine elects from among its members
the Chairman of the Verkhovna Rada of Ukraine, the First Deputy Chairman and Deputies to the Chairman of the
Verkhovna Rada of Ukraine, and recalls them from their
offices. The number of deputies to the
Chairman of the Verkhovna Rada of Ukraine shall be determined by the Verkhovna Rada.
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The
Chairman of the Verkhovna Rada of Ukraine:
1)
presides at the meetings of
the Verkhovna Rada of Ukraine;
2)
organizes the preparation of
issues for consideration at the meetings of the Verkhovna Rada of Ukraine;
3)
signs acts adopted by the
Verkhovna Rada of Ukraine;
4)
represents the Verkhovna Rada
of Ukraine in relations with other bodies of state power of Ukraine and with the bodies of power of other states;
5)
organizes the work of the
staff of the Verkhovna Rada of Ukraine.
The
Chairman of the Verkhovna Rada of Ukraine
exercises authority envisaged by the Constitution, by the procedure
established by the law on the Rules of
Procedure of the Verkhovna Rada of Ukraine.
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The Chairman of the Verkhovna Rada of Ukraine:
1) presides at the plenary meetings of the Verkhovna
Rada of Ukraine;
2) organizes the preparation of
issues for consideration at the
plenary meetings of the Verkhovna Rada of Ukraine;
3) signs acts adopted by the
Verkhovna Rada of Ukraine;
4) represents the Verkhovna Rada of
Ukraine in relations with other bodies of state
power of Ukraine and with the bodies of power of
other states;
5) organizes the work of the staff
of the Verkhovna Rada of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine exercises authority envisaged
by the Constitution, by the procedure established by the Rules of Procedure of the Verkhovna Rada of Ukraine.
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Article
89. The Verkhovna Rada of Ukraine
approves the list of Committees of the Verkhovna Rada, and elects Chairmen to
these Committees.
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Article 89. In order to perform the work of
legislative drafting, prepare and conduct the preliminary consideration of
issues ascribed to its authority, exercise
its control and auditing functions in accordance with the Constitution of
Ukraine, the Verkhovna Rada of Ukraine establishes its select committees from
among the National Deputies of Ukraine and elects Chairmen to such
Committees, their first deputies as well as other deputies and secretaries of
committees.
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The Committees of the Verkhovna Rada of Ukraine perform the work of
legislative drafting, prepare and conduct the preliminary consideration of
issues ascribed to the authority of the Verkhovna Rada of Ukraine.
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Article
90. The authority of the Verkhovna Rada of Ukraine
is terminated on the day of the opening of the first meeting of the Verkhovna
Rada of Ukraine of a new convocation.
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Article 90. The authority of the Verkhovna
Rada of Ukraine is terminated on the opening
day of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.
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The
President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine
prior to the expiration of its term, if within
thirty days of a single regular session the plenary sittings fail to
commence.
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The President of Ukraine may terminate the
authority of the Verkhovna Rada of Ukraine prior to the expiration of
its term, if:
1)
the coalition of deputies’
factions and deputies’ groups has not been formed within one month in line
with article 83 of this Constitution;
2)
the Verkhovna Rada of Ukraine fails to elect the President of Ukraine within three months in line with article 103 of the Constitution of Ukraine;
3)
within sixty days after the
resignation of the Cabinet of Ministers of Ukraine the individual membership of the Cabinet of Ministers of Ukraine has not been formed;
4)
within thirty days of a single
regular session the plenary sittings fail to commence;
This decision is
made by the President of Ukraine after consultations with the Chairman of the Verkhovna Rada of Ukraine and his deputies and the heads of deputies’ factions and deputies’
groups.
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The
authority of the Verkhovna Rada of Ukraine,
which is elected through early elections conducted after the pre-term
termination by the President of Ukraine of authority of the Verkhovna Rada of
the previous convocation, cannot be terminated within one year from the day
of its election.
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The
authority of the Verkhovna Rada of Ukraine
cannot be terminated prior to the expiration of term within the last six
months of the term of authority of the President of Ukraine.
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The authority of the Verkhovna Rada of Ukraine cannot be terminated prior to
the expiration of term within the last six months of the term of authority of
the Verkhovna Rada of Ukraine and the
President of Ukraine, with the exception of the case envisaged in
paragraph 2, part two of this article.
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Article
93. The right of legislative initiative in the Verkhovna Rada of Ukraine
belongs to the President of Ukraine, the National Deputies of Ukraine, the
Cabinet of Ministers and the National
Bank of Ukraine.
Draft
laws defined by the President of Ukraine as urgent, are considered by the
Verkhovna Rada of Ukraine on a first priority basis.
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Article 93. The right of legislative
initiative in the Verkhovna Rada of Ukraine belongs to the President of
Ukraine, the National Deputies of Ukraine and the Cabinet of Ministers.
Draft laws defined by the President of
Ukraine as urgent, are considered by the Verkhovna Rada of Ukraine on a first priority basis.
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Article
94. The Chairman of the Verkhovna Rada of Ukraine
signs a law and forwards it without delay to the President of Ukraine.
Withinn
fifteen days of the receipt of a law, the the President of Ukraine signs it,
accepting it for execution, and officially promulgates it, or returns it to
the Verkhovna Rada of Ukraine with substantiated and formulated proposals for
repeat consideration.
If
the President of Ukraine has not returned a law for repeat consideration
within the established term, the law is deemed to be approved by the
President of Ukraine and shall be signed and officially promulgated.
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Article 94. The Chairman of the Verkhovna
Rada of Ukraine signs a law and forwards it
without delay to the President of Ukraine.
Withinn fifteen days of the receipt of a
law, the the President of Ukraine signs it, accepting it for execution, and
officially promulgates it, or returns it to the Verkhovna Rada of Ukraine
with substantiated and formulated proposals for repeat consideration.
If the President of Ukraine has not
returned a law for repeat consideration within the established term, the law
is deemed to be approved by the President of Ukraine and shall be signed and
officially promulgated.
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If a
law, during its repeat consideration, is again adopted by the Verkhovna Rada
of Ukraine by no less than two-thirds of its constitutional composition, the
President of Ukraine is obliged to sign and to officially promulgate it
within ten days.
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If a law, during its repeat consideration,
is again adopted by the Verkhovna Rada of Ukraine by no less than two-thirds of
its constitutional composition, the President of Ukraine is obliged to sign
and to officially promulgate it within ten days. In the event of another failure by the President of Ukraine to sign such law, the latter is signed and officially promulgated by
the Chairman of the Verkhovna Rada.
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A law
enters into force in ten days from the day of its official promulgation,
unless otherwise envisaged by the law itself, but not prior to the day of its
publication.
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A law enters into force in ten days from
the day of its official promulgation, unless otherwise envisaged by the law
itself, but not prior to the day of its publication.
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Article
98. The Chamber of Accounting exercises control over the use of finances of
the State Budget of Ukraine on behalf of the Verkhovna Rada of Ukraine.
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Article 98. The Accounting Chamber
of Ukraine exercises its control over the use of finances
of the State Budget of Ukraine on behalf of the Verkhovna Rada of Ukraine.
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CHAPTER V
PRESIDENT OF UKRAINE
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CHAPTER V
PRESIDENT OF UKRAINE
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Article
103. The President of Ukraine is elected by the citizens of Ukraine
for a five-year term, on the basis of universal, equal and direct suffrage,
by secret ballot.
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Article 103. The President of Ukraine is
elected by the Verkhovna Rada of Ukraine.
The President of Ukraine is considered to be elected if not less than two-thirds of the
constitutional composition of the Verkhovna Rada of Ukraine have voted in his or her favour by secret ballot.
The President of Ukraine is elected for a five-year term.
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A
citizen of Ukraine who has attained
the age of thirty-five, has the right to vote, has resided in Ukraine for the
past ten years prior to the day of elections, and has command of the state
language, may be elected as the President of Ukraine.
One
and the same person shall not be the President of Ukraine for more than two
consecutive terms.
The
President of Ukraine shall not have another representative mandate, hold
office in bodies of state power or in associations of citizens, nor can he or
she perform any other remunerative or business activities, be a member of an
administrative body or supervisory board of any profit-making institution.
Regular
elections of the President of Ukraine are held on the last Sunday of October
of the fifth year of the term of authority of the President of Ukraine,
elections of the President of Ukraine are held within the ninety days from
the day of termination of the authority.
The procedure for conducting elections of the
President of Ukraine is established by law.
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A citizen of Ukraine who has attained the age of thirty-five, has
the right to vote, has resided in Ukraine for the past ten years prior to the
day of elections, and has command of the state language, may be elected as
the President of Ukraine.
One and the same person shall not be the
President of Ukraine for more than two consecutive terms.
The President of Ukraine shall not have
another representative mandate, hold office in bodies of state power or in
associations of citizens, nor can he or she perform any other remunerative or
business activities, be a member of an administrative body or supervisory
board of any profit-making institution.
The procedure for
conducting elections of the President of Ukraine is established by law.
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Article
106. The President of Ukraine:
1)
ensures state independence,
national security and legal succession of the state;
2)
addresses the people with
messages and addresses the Verkhovna Rada of Ukraine
with annual and special messages on the state of domestic and foreign
situation of Ukraine;
3)
represents the state in
international relations, administers the foreign political activity of the
State, conducts negotiations and concludes international treaties of Ukraine;
4)
adopt decisions on the
recognition of foreign states;
5)
appoints and dismisses heads
of diplomatic missions of Ukraine
to other states and to international organizations; accepts credentials and
letters of recall of diplomatic representatives of foreign states;
6)
designates an All-Ukrainian
referendum regarding amendments to the Constitution of Ukraine in accordance
with Article 156 of this Constitution, proclaims an All-Ukrainian referendum
on popular initiative;
7)
designates special elections
to the Verkhovna Rada of Ukraine
within the terms established by this Constitution.
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Article 106. The President of Ukraine:
1) ensures state independence,
national security and the legal succession of the state;
2) addresses the people with
messages and the Verkhovna Rada of Ukraine with annual and special
messages on the domestic and foreign situation of Ukraine;
3) represents the state in
international relations, administers the foreign political activity of the
State, conducts negotiations and concludes international treaties of Ukraine;
4) adopt decisions on the
recognition of foreign states;
5) appoints and dismisses heads of
diplomatic missions of Ukraine to other states and to
international organizations; accepts credentials and letters of recall of
diplomatic representatives of foreign states;
6) designates an All-Ukrainian
referendum regarding amendments to the Constitution of Ukraine in accordance
with Article 156 of this Constitution, proclaims an All-Ukrainian referendum
on popular initiative;
7) designates special elections to
the Verkhovna Rada of Ukraine within the terms established by
this Constitution.
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8)
terminates the authority of
the Verkhovna Rada of Ukraine, if the plenary meetings
fail to commence within thirty days of one regular session;
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8) terminates the authority of the
Verkhovna Rada of Ukraine in cases envisaged by the Constitution of Ukraine;
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9)
appoints the Prime Minister of Ukraine with the consent of the
Verkhovna Rada of Ukraine, terminates the
authority of the Prime Minister of Ukraine and adopts a decision
on his or her resignation;
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9)
following the proposal of a
coalition of deputies’ factions and deputies’ groups, formed in accordance
with article 83 of the Constitution of Ukraine, and after consultations with
heads of such factions and groups, submits a request on the appointment of
the Prime Minister of Ukraine by the Verkhovna Rada of Ukraine no later than
on the fifteenth day after receiving such proposal.
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10) appoints, on the
submission of the Prime Minister of Ukraine, members of the Cabinet of
Ministers of Ukraine, chief officers of other central bodies of executive
power, and also the heads of local state administrations and terminates their
authority in these positions;
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10)
forwards the submission to the
Verkhovna Rada on the appointment of the Minister of Defence of Ukraine, the Minister of Foreign Affairs;
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11)
appoints the Procurator
General of Ukraine to office with the consent of the Verkhovna Rada of Ukraine, and dismisses him or her from office;
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11) appoints the Procurator General
of Ukraine to office and dismisses him or her from
office with the consent of the Verkhovna Rada of Ukraine;
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12) appoints one-half of the
composition of the Council of the National bank of Ukraine;
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12)
forwards the submission to the
Verkhovna Rada of Ukraine on appointment the Head of Security Office of Ukraine;
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13)
appoints one-half of the
composition of the national Council of Ukraine on Television and Radio
Broadcasting;
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13) appoints one-half of the
composition of the national Council of Ukraine on Television and Radio
Broadcasting;
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14) appoints to office and dismisses
from office, with the consent of the Verkhovna Rada of Ukraine, the Chairman
of the Antimonopoly Committee of Ukraine, the Chairman of the State Propery
Fund of Ukraine, the Chairman of the State Committee on Television and Radio
Broadcasting of Ukraine;
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15) establishes, reorganises
and liquidates, on the submission of the Prime Minister of Ukraine,
ministries and other central bodies of executive power, acting within the
limits of funding envisaged for the maintenance of bodies of executive power;
16) revokes acts of the Cabinet of Ministers of Ukraine and acts of the Council of
Ministers of the Autonomous Republic of the Crimea;
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15)
terminates the acts of the Cabinet of Ministers of
Ukraine due to their non-compliance
with the Constitution of Ukraine and other laws of Ukraine with their simultaneous submission to the Constitutional Court of
Ukraine concerning their constitutionality;
16) revokes acts of the Council of
Ministers of the Autonomous Republic of the Crimea;
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17)
is the Commander-in Chief of
the Armed Forces of Ukraine; appoints to office and dismisses from office the
high command of the Armed Forces of Ukraine and other military formations;
administers in the spheres of national security and defence of the State;
18)
heads the Council of National
Security and Defence of Ukraine;
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17) is the Commander-in Chief of the
Armed Forces of Ukraine; appoints to office and dismisses from office the
high command of the Armed Forces of Ukraine and other military formations;
administers in the spheres of national security and defence of the State;
18) heads the Council of National
Security and Defence of Ukraine;
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19)
forwards the submission to
the Verkhovna Rada of Ukraine on the declaration of a state of war, and adopts the decision on
the use of the Armed Forces in the event of armed aggression against Ukraine;
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19) forwards the submission to the
Verkhovna Rada of Ukraine on the declaration of a state
of war, and adopts the decision on the use of the Armed Forces and other military formations in the
event of armed aggression against Ukraine;
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20)
adopts a decision in
accordance with the law on the general or partial mobilization and the
introduction of martial law in Ukraine
or in its particular areas, in the event of a threat of aggression, danger to
the state independence of Ukraine;
21)
adopts a decision, in the
event of necessity, on the introduction of a state emergency in Ukraine or in
its particular areas, and also in the event of necessity, declares cetrtain
areas of Ukraine zones of an ecological emergency situation - with subsequent
confirmation of these decisions by the Verkhovna Rada of Ukraine;
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20) adopts a decision in accordance
with the law on the general or partial mobilization and the introduction of
martial law in Ukraine or in its particular areas, in
the event of a threat of aggression, danger to the state independence of Ukraine;
21) adopts a decision, in the event
of necessity, on the introduction of a state emergency in Ukraine or in its
particular areas, and also in the event of necessity, declares cetrtain areas
of Ukraine zones of an ecological emergency situation - with subsequent
confirmation of these decisions by the Verkhovna Rada of Ukraine;
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22)
appoints one-third of the composition to the Constitutional Court of
Ukraine;
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22) appoints one half of the composition to the Constitutional Court of
Ukraine;
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23)
establishes courts by the
procedure determined by law;
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23) establishes courts by the
procedure determined by law;
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24)
confers high military ranks,
high diplomatic and other high special ranks and class orders;
25)
confers state awards;
establishes presidential distinctions and confers them;
26)
adopts decisions on the
acceptance for citizenship of Ukraine
and the termination of citizenship of Ukraine,
and on the granting of asylum in Ukraine;
27)
grants pardons;
28)
creates, within the limits of
the funds envisaged in the State Budget of Ukraine, consultative, advisory
and other subsiduary bodies and services for the exercise of his or her
authority;
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24) confers high military ranks,
high diplomatic and other high special ranks and class orders;
25) confers state awards; establishes
presidential distinctions and confers them;
26) adopts decisions on the
acceptance for citizenship of Ukraine and the termination of
citizenship of Ukraine, and on the granting of asylum
in Ukraine;
27) grants pardons;
28) creates, within the limits of
the funds envisaged in the State Budget of Ukraine, consultative, advisory
and other subsiduary bodies and services for the exercise of his or her
authority;
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29)
signs laws adopted by the Verkhovna Rada of Ukraine;
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29) signs laws;
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30)
has the right to veto laws
adopted by the Verkhovna Rada of Ukraine
with their subsequent return for repeat consideration by the Verkhovna Rada
of Ukraine;
31)
exercises other powers
determined by the Constitution of Ukraine.
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30) has the right to veto laws
adopted by the Verkhovna Rada of Ukraine (except for laws on making changes to the Constitution of Ukraine) with
their subsequent return for repeat consideration by the Verkhovna Rada of Ukraine;
31) exercises other powers
determined by the Constitution of Ukraine.
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The President of Ukraine shall not transfer his
or her powers to other persons or bodies.
The President of Ukraine, on the basis and for
the execution of the Constitution and the laws of Ukraine, issues decrees and
directives that are mandatory for execution on the territory of Ukraine.
Acts
of the President of
Ukraine, issued within the limits of authority as envisaged in subparagraphs
3, 4, 5, 8, 10, 14, 15, 17, 18, 21, 22, 23, and 24 of this Article, are
co-signed by the prime Minister of Ukraine and the Minister responsible fro
the act and its execution.
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The President of Ukraine shall not transfer his or her powers to other persons or bodies.
The President of
Ukraine, on the basis and for the execution of the Constitution and the laws
of Ukraine, issues decrees and directives that are mandatory for execution on
the territory of Ukraine.
Acts of the President of Ukraine,
issued within the limits of authority as envisaged in subparagraphs 3, 4, 5,
8, 10, 14, 15, 17, 18, 21, 22, 23, and 24 of this Article, are co-signed by
the Prime Minister of Ukraine and the Minister responsible fro the act and
its execution.
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Article
112. In the event of the pre-term termination of authority of the President
of Ukraine in accordance with Articles 108, 109, 110 and 111 of this
Constitution, the execution of duties of the President of Ukraine, for the
period pending the elections and the assumption of office of the new
President of Ukraine, is vested in the
Prime Minister of Ukraine. The Prime Minister of
Ukraine, for the period of executing the duties of the President of
Ukraine, shall not exercise the powers envisaged in subparagraphs 2, 6, 8,
10, 11, 12, 14, 15, 16, 22, 25 and 27 of Article 106 of the Constitution of
Ukraine.
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Article 112. In the event of the pre-term
termination of authority of the President of Ukraine in accordance with
Articles 108, 109, 110 and 111 of this Constitution, the execution of duties
of the President of Ukraine, for the period pending the elections and the
assumption of office by the new President of Ukraine, is vested in the Chairman of Verkhovna Rada of Ukraine. The Chairman
of Verkhovna Rada of Ukraine, for the period of executing the duties of
the President of Ukraine, shall not exercise the powers envisaged in
subparagraphs 2, 6-8, 10-14, 22, 24, 25, 27, 28 of
Article 106 of the Constitution of Ukraine.
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CHAPTER VI
CABINET OF MINISTERS OF UKRAINE.
OTHER BODIES OF EXECUTIVE POWER
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CHAPTER VI
CABINET OF MINISTERS OF UKRAINE.
OTHER BODIES OF EXECUTIVE POWER
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Article
113. The Cabinet of Ministers of Ukraine is the highest body in the system of
bodies of executive power.
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Article 113. The Cabinet of Ministers of
Ukraine (Government of Ukraine) is
the highest body in the system of bodies of executive power.
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The
Cabinet of Ministers of Ukraine is responsible to the President of Ukraine
and is under the control of and accountable to the Verkhovna Rada of Ukraine
within the limits envisaged in
Articles 85 and 87 of the Consitution of Ukraine.
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The Cabinet of Ministers of Ukraine is
responsible to the President of Ukraine and the Verkhovna Rada of Ukraine and is under the control of and
accountable to the Verkhovna Rada of Ukraine within the limits envisaged by the Consitution of Ukraine.
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The
Cabinet of Ministers of Ukraine is guided in its activity by the Constitution
and the laws of Ukraine and by the acts of the President of Ukraine.
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The Cabinet of Ministers of Ukraine is
guided in its activity by the Constitution and the laws of Ukraine and by the acts of the
President of Ukraine.
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Article
114. The Cabinet of Ministers of Ukraine is composed of the Prime Minister of
Ukraine, the First Vice Prime Minister, three
Vice Prime Ministers and the Ministers.
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Article 114. The Cabinet of Ministers of
Ukraine is composed of the Prime Minister of Ukraine, the First Vice Prime
Minister, three Vice Prime
Ministers and Ministers.
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The
Prime Minister of Ukraine is appointed by
the President of Ukraine with the consent of
more than one-half of the constitutional composition of the Verkhovna Rada of
Ukraine.
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The Prime Minister
of Ukraine is appointed by the Verkhovna Rada of Ukraine on the submission of the President of Ukraine.
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The personal composition of the Cabinet of Ministers
of Ukraine is appointed by the
President of Ukraine on the submission of
the Prime Minister of Ukraine.
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The President of Ukraine nominates the Prime Minister of Ukraine on the proposal of a coalition of deputies’ factions and deputies’
groups formed in line with Article 83 of the Constitution of Ukraine after relevant consultations with heads of deputies’ factions and
deputies’ groups. The Minister of Defence of Ukraine and the Minister of
Foreign Affairs are appointed by the Verkhovna Rada of Ukraine on the
submission of the President of Ukraine, other members of the Cabinet of
Ministers of Ukraine are appointed by the Verkhovna Rada of Ukraine on the
submission of the Prime Minister of Ukraine.
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The
Prime Minister of Ukraine manages the work of the Cabinet of Ministers of
Ukraine and directs it for the implementation of the Programme of Activity of
the Cabinet of Ministers of Ukraine adopted by the Verkhovna Rada of Ukraine.
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The Prime Minister of Ukraine manages the
work of the Cabinet of Ministers of Ukraine and steers it towards the
implementation of the Programme of activities of the Cabinet of Ministers of
Ukraine adopted by the Verkhovna Rada of Ukraine.
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The Prime Minister of Ukraine forwards a submission
to the President of Ukraine on the establishment,
reorganization and liquidation of ministries and other central bodies of
executive power, within the funds envisaged by the State Budget of Ukraine for the maintenance of
these bodies.
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Article
115. The Cabinet of Ministers of Ukraine tenders its resignation to the
newly-elected President of Ukraine.
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The Prime Minister of Ukraine tenders its
resignation to the newly-elected Verkhovna
Rada of Ukraine.
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The
Prime Minister of Ukraine, other members of the Cabinet of Ministers of
Ukraine, have the right to announce their resignation to the President of Ukraine.
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The Prime Minister of Ukraine, other
members of the Cabinet of Ministers of Ukraine, have the right to announce
their resignation to the Verkhovna
Rada of Ukraine.
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The
resignation of the Prime Minister of Ukraine results in the resignation of
the entire Cabinet of Ministers of Ukraine.
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The resignation of the Prime Minister of
Ukraine, the adoption by the Verkhovna
Rada of Ukraine of the resolution of no confidence in the Cabinet of Ministers of Ukraine results in the resignation of
the entire Cabinet of Ministers of Ukraine. In such cases the Prime Minister of Ukraine is obliged to submit a statement of resignation of the Cabinet of
Ministers of Ukraine to the Verkhovna Rada of Ukraine.
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The adoption of the resolution of no confidence in
the Cabinet of Ministers of Ukraine by the Verkhovna Rada
of Ukraine results in the resignation
of the Cabinet of Ministers of Ukraine.
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The
Cabinet of Ministers, whose resignation is accepted by the President of Ukraine, continues to exercise its powers by
commisiion of the President, until a newly-formed Cabinet of Ministers of
Ukraine commences its operation, but no longer than for sixty days.
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The Cabinet of Ministers, whose resignation
is accepted, continues to exercise its powers until a newly-formed Cabinet of
Ministers of Ukraine commences its operation but no
longer than for sixty days.
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The Prime Minister of Ukraine is obliged to submit a
statement of resignation of the Cabinet of Ministers of Ukraine to the
President of Ukraine following a decision by the President of Ukraine or in
connection with the adoption of the resolution of no confidence by the
Verkhovna Rada of Ukraine.
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Article
116. The Cabinet of Ministers of Ukraine:
1)
ensures the state sovereignty
and economic independence of Ukraine, the implementation of domestic and
foreign policy of the State, the execution of the Constitution and the laws
of Ukraine, and the acts of the President of Ukraine;
2)
takes measures to ensure
human and citizens’ rights and freedoms;
3)
ensures the implementation of
financial, pricing, investment and taxation policy; the policy in the spheres
of labour and employment of the population, social security, education,
science and culture, environmental protection, ecological safety and the
utilization of nature;
4)
elaborates and implements
national programmes of economic, scientific and technological, and social and
cultural development of Ukraine;
5)
ensures equal conditions of
development of all forms of ownership; administers the management of objects
of state property in accordance with the law;
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Article 116. The Cabinet of Ministers of
Ukraine:
1) ensures the state sovereignty
and economic independence of Ukraine, the implementation of domestic and
foreign policy of the State, the execution of the Constitution and the laws
of Ukraine, and the acts of the President of Ukraine;
2) takes measures to ensure human
and citizens’ rights and freedoms;
3) ensures the implementation of
financial, pricing, investment and taxation policy; the policy in the spheres
of labour and employment of the population, social security, education,
science and culture, environmental protection, ecological safety and the
utilization of nature;
4) elaborates and implements
national programmes of economic, scientific and technological, and social and
cultural development of Ukraine;
5) ensures equal conditions of
development of all forms of ownership; administers the management of objects
of state property in accordance with the law;
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6)
elaborates the draft law on
the State Budget of Ukraine and ensures the implementation of the State
Budget of Ukraine approved by the Verkhovna Rada of Ukraine,
and submits a report on its implementation to the Verkhovna Rada of Ukraine;
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6) elaborates the draft law on the
State Budget of Ukraine and ensures the implementation of the State Budget of
Ukraine approved by the Verkhovna Rada of Ukraine, and submits a draft law on making changes into the law
on the State Budget of Ukraine as well as a report on its implementation
to the Verkhovna Rada of Ukraine;
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7)
takes measures to ensure the
defence capabilities and national security of Ukraine,
public order and to combat crime;
8)
organises and ensures the
implementation of the foreign economic activity of Ukraine,
and the operation of customs;
9)
directs and co-ordinates the
operation of ministries and other bodies of executive power;
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7) takes measures to ensure the
defence capabilities and national security of Ukraine, public order and to combat
crime;
8) organises and ensures the
implementation of the foreign economic activity of Ukraine, and the operation of customs;
9) directs and co-ordinates the
operation of ministries and other bodies of executive power;
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10)
establishes, reorganizes and
liquidates ministries and other central bodies of executive power acting
within the limits of funds provided for
maintenance of the bodies of executive power;
11)
appoints, on the submission of
the Prime Minister of Ukraine and in accordance with the Constitution of
Ukraine, heads of central bodies of executive power that are not in the
composition of the Cabinet of Ministers of Ukraine, heads of local state
administrations and terminates
authority of such persons in their respective offices;
12)
appoints one-half of the
composition of the National Bank of Ukraine;
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10)
performs other functions
determined by the Constitution and the laws of Ukraine,
and legal acts of the president of Ukraine.
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13) performs other functions
determined by the Constitution and the laws of Ukraine, and legal acts of the
president of Ukraine.
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Article
118. The executive power in oblasts, districts, and in the Cities of Kyiv and
Sevastopol is exercised by local state administrations.
Particular
aspects of the exercise of executive power in the Cities of Kyiv and Sevastopol are
determined by special laws of Ukraine.
The
composition of local state administrations is formed by heads of local state
administrations.
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Article 118. The executive power in
oblasts, districts, and in the Cities of Kyiv and Sevastopol is exercised by local state
administrations.
Particular aspects of the exercise of
executive power in the Cities of Kyiv and Sevastopol are determined by special laws
of Ukraine.
The composition of local state
administrations is formed by heads of local state administrations.
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Heads
of local state administrations are appointed to office and dismissed from
office by the President of Ukraine upon the submission of the
Cabinet of Ministers of Ukraine.
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Heads of local state administrations are
appointed to office and dismissed from office by the Cabinet of Ministers of Ukraine upon the submission of the Prime Minister of Ukraine.
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In
the exercise of their duties, the heads of local state administrations are
responsible to the President of Ukraine and to the Cabinet of Ministers of
Ukraine, and are accountable to and under the control of the bodies of
executive power of a higher level.
Local
state administrations are accountable to and under the control of councils in
the part of the authority delegated to them by the respective district or
oblast councils.
Local
state administrations are accountable to and under the control of of the
bodies of executive power of a higher level.
Decisions
of the heads of local state administrations that contravene the Constitution
and the laws of Ukaraine, other acts of legislation of Ukraine,
may be revoked by the President of Ukraine or by the head of the local state
administration of a high level, in accordance with the law.
An oblast
or district council may express a vote of no confidence in the head of the
respective local state administration, on which grounds the President of Ukraine adopts a decision and provides a substantial reply.
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In the exercise of their duties, the heads of
local state administrations are responsible to the President of Ukraine and
to the Cabinet of Ministers of Ukraine, and are accountable to and under the
control of the bodies of executive power of a higher level.
Local state administrations are accountable
to and under the control of councils in the part of the authority delegated
to them by the respective district or oblast councils.
Local state administrations are accountable
to and under the control of of the bodies of executive power of a higher level.
Decisions of the heads of local state
administrations that contravene the Constitution and the laws of Ukaraine,
other acts of legislation of Ukraine, may be revoked by the
President of Ukraine or by the head of the local state administration of a
higher level, in accordance with the law.
An oblast or district council may express a
vote of no confidence in the head of the respective local state
administration, on which grounds the
Cabinet of Ministers of Ukraine adopts a decision and provides
a substantial reply.
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If
two-thirds of the deputies of the composition of the respective council
express no confidence in the head of a district or oblast state
administration, the President of Ukraine adopts a decision on the resignation of the head of the local state
administration.
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If two-thirds of the deputies of the
composition of the respective council express no confidence in the head of a
district or oblast state administration, the
Cabinet of Ministers of Ukraine adopts a decision on the
resignation of the head of the local state administration.
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Article
120. Members of the Cabinet of Ukraine and chief officers of central and
local bodies of executive power do not have the right to combine their
official activity with other work, except teaching, scholarly and creative
activity outside of working hours, or to be members of an administrative body
or supervisory board of any profit-making institution.
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Article 120. Members of the Cabinet of
Ministers of Ukraine and chief executives of central and local bodies of executive
power do not have the right to combine their official activity with any other
work (except for the cases envisaged
by part two of this article as well as teaching, scholarly and creative
activity outside of working hours), or to be members of an administrative
body or supervisory board of any profit-making institution.
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Ministers and
other heads of central bodies of executive power may combine their official
activity with their representative mandate of the National Deputy of Ukraine.
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The
organization, authority and operational procedure of the Cabinet of
Ministers, and other central and local bodies of executive power, are
determined by the Constitution and the laws of Ukraine.
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The organization, authority and operational
procedure of the Cabinet of Ministers, and other central and local bodies of
executive power, are determined by the Constitution and the laws of Ukraine.
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CHAPTER VII
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CHAPTERVII
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PROSECUTOR’S OFFICE
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PROSECUTOR’S OFFICE
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Article
121. The prosecutor’s office of Ukraine
constitutes a unified system that is entrusted with:
1)
prosecution in court on
behalf of the State;
2)
representation of the
interests of a citizen or of the State in court in cases determined by law;
3)
supervision over observance
of laws by bodies that conduct detective and search activities, inquiry and
pre-trial investigation;
4)
supervision over the
observance of laws in the execution of a judicial decisions in criminal
cases, and also in the application of other measures of coercion related to
the restraint of personal; liberty of citizens.
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Article 121. The prosecutor’s office of Ukraine constitutes a unified system
that is entrusted with:
1) prosecution in court on behalf
of the State;
2) representation of the interests
of a citizen or of the State in court in cases determined by law;
3) supervision over observance of
laws by bodies that conduct detective and search activities, inquiry and
pre-trial investigation;
4) supervision over the observance
of laws in the execution of a judicial decisions in criminal cases, and also
in the application of other measures of coercion related to the restraint of
personal; liberty of citizens.
5)
supervision over the observance
of human and citizens’ rights and freedoms, compliance with the laws on such
issues by the bodies of state power, bodies of local power and their officers
and civil servants.
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Article
122. The Prosecutor General’s Office of Ukraine is headed by the Prosecutor
General, who is appointed to office, with the consent of the Verkhovna Rada
of Ukraine, and dismissed from office by the President of Ukraine.
The
Verkhovna Rada of Ukraine may express a vote of no confidence in the Prosecutor General of Ukraine that results in his or her resignation from office.
The
term of authority of the Prosecutor General of Ukraine
is five years.
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Article 122. The Prosecutor General’s
Office of Ukraine is headed by the Prosecutor General, who is appointed to
office and dismissed from office,
with the consent of the Verkhovna Rada of Ukraine, by the President of Ukraine.
The Verkhovna Rada of Ukraine may express a vote of no
confidence in the Prosecutor General of Ukraine that results in his or her
resignation from office.
The term of authority of the Prosecutor
General of Ukraine is five years.
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CHAPTER VIII
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CHAPTER VIII
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JUSTICE
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JUSTICE
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Article
126. The independence and immunity of judges are guaranteed by the
Constitution and the laws of Ukraine.
Influencing
judges in any manner is prohibited.
A
judge shall not be detained or arrested without the consent of the Verkhovna
Rada of Ukraine, until a verdict of guilty is rendered by court.
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Article 126. The independence and immunity
of judges are guaranteed by the Constitution and the laws of Ukraine.
Influencing judges in any manner is
prohibited.
A judge shall not be detained or arrested
without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is
rendered by court.
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Judges
hold offices for permanent term,
except judges of the Constitutional Court of Ukraine, and judges appointed to
the office of judge for the first time.
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Judges are
elected to their offices for the period of ten years, except for justices
of the Constitutional Court of Ukraine, and judges appointed to the office of
judge for the first time.
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A judge is dismissed from office by the body that has elected or
appointed him or her in the event of:
1)
the expiration of the term
for which he or she was elected or appointed;
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A judge is dismissed from office by the
body that has elected or appointed him or her in the event of:
1) the expiration of the term for
which he or she was elected or appointed;
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2)
the judge’s attainment of the
age of sixty-five;
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2) the judge’s attainment of the
age of sixty-five and attainment of
the age of seventy by the justices of the Constitutional Court of Ukraine;
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3)
the impossibility to exercise
his or her authority for reasons of health;
4)
the violation by the judge of
requirements concerning incompatibility;
5)
the breach of oath by the
judge;
6)
the entry into legal force of
a verdict of guilty against him or her;
7)
the termination of his or her
citizenship;
8)
the declaration that he or
she is missing, or the pronouncement that he or she is dead;
9)
the submission by the judge
of a statement of resignation or of voluntary dismissal from office.
The authority of the judge terminates in the event of his or her
death;
The State ensures personal security of judges and their families.
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3) the impossibility to exercise
his or her authority for reasons of health;
4) the violation by the judge of
requirements concerning incompatibility;
5) the breach of oath by the judge;
6) the entry into legal force of a
verdict of guilty against him or her;
7) the termination of his or her
citizenship;
8) the declaration that he or she
is missing, or the pronouncement that he or she is dead;
9) the submission by the judge of a
statement of resignation or of voluntary dismissal from office.
The authority of the judge terminates in
the event of his or her death;
The State ensures personal security of
judges and their families.
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Article
128. The first appointment of a professional judge to office for a five-year
term is made by the President of Ukraine. All other judges, except for the
judges of the Constitutional Court of Ukraine, are elected by the Verkhovna
Rada of Ukraine for permanent terms according to the procedure established by
law.
The
Chairman of the Supreme Court of Ukraine is elected to office and dismissed
from office by the Plenary Assembly of the Supreme Court of Ukraine by secret
ballot, by the procedure established by law.
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Article 128. The first appointment of a
professional judge to office for a five-year term is made by the President of
Ukraine. All other judges, except for the justices of the Constitutional
Court of Ukraine, are elected by the Verkhovna Rada of Ukraine for the period of ten years according to the procedure established by
law.
The Chairman of the Supreme Court of
Ukraine is elected to office and dismissed from office by the Plenary
Assembly of the Supreme Court of Ukraine by secret ballot, according to the
procedure established by law.
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CHAPTER XI
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CHAPTER XI
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LOCAL SELF-GOVERNMENT
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LOCAL SELF-GOVERNMENT
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Article
141. A village, settlement and city council is composed of deputies elected
for a four-year term by residents of a village, settlement and city on the
basis of universal, equal and direct suffrage, by secret ballot.
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Article 141. A village, settlement, city, rayon, oblast council is composed of
deputies elected for a four-year term by residents of a village, settlement,
city, rayon, oblast on the basis
of universal, equal and direct suffrage, by secret ballot.
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Territorial
communities elect for a four-year term on the basis of universal, equal and
direct suffrage, by secret ballot, the head of the village, settlement and
city, respectively, who leads the executive body of the council and presides
at its meetings.
The
status of heads, deputies and executive bodies of a council and their
authority, the procedure for their establishment, reorganization and
liquidation, are determined by law.
The
Chairman of a district council and the chairman of an oblast council are
elected by the respective council and lead the executive staff of the
council.
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Territorial communities elect for a
four-year term on the basis of universal, equal and direct suffrage, by
secret ballot, the head of the village, settlement and city, respectively,
who leads the executive body of the council and presides at its meetings.
The status of heads, deputies and executive
bodies of a council and their authority, the procedure for their
establishment, reorganization and liquidation, are determined by law.
The Chairman of a district council and the
chairman of an oblast council are elected by the respective council and lead
the executive staff of the council.
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CHAPTER XII
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CHAPTER XII
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CONSTITUTIONAL COURT OF UKRAINE
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CONSTITUTIONAL COURT OF UKRAINE
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Article
148. The Constitutional Court of Ukraine is composed of eighteen judges of
the Constitutional Court of Ukraine.
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Article 148. The Constitutional Court of
Ukraine is composed of eighteen judges of the Constitutional Court of
Ukraine.
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The
President of Ukraine, the Verkhovna Rada of Ukraine
and the Congress of Judges of Ukraine each appoint six
judges to the Constitutional Court of Ukraine.
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The President of Ukraine, the Verkhovna
Rada of Ukraine each appoint nine judges to the
Constitutional Court of Ukraine.
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