EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
CONSTITUTION OF UKRAINE
as of 25 May 2006
[Text effective as of 25 May 2006]
[Consolidated
version by Ministry of Justice of Ukraine]
[Unofficial translation]
CORRECTED
CONSTITUTION OF UKRAINE
adopted at
the Fifth Session
of the
Verkhovna Rada of Ukraine on 28 June 1996
and amended on 8 December 2004 by Law No. 2222-IV
The Verkhovna
Rada of Ukraine, on behalf of the Ukrainian people – citizens of Ukraine of all ethnicities,
expressing the
sovereign will of the people,
based on the
centuries-old history of Ukrainian state-building and on the right to
self-determination realised by the Ukrainian nation, all the Ukrainian people,
providing for
the guarantee of human rights and freedoms and of the worthy conditions of
human life,
caring for the
strengthening of civil harmony on Ukrainian soil,
striving to
develop and strengthen a democratic, social, law-based state,
aware of our
responsibility before God, our own conscience, past, present and future
generations,
guided by the
Act of Declaration of the Independence of Ukraine of 24 August 1991, approved by the national
vote of 1 December 1991,
adopts this Constitution – the Fundamental Law of Ukraine.
Chapter I
General Principles
Article 1
Ukraine is a sovereign and
independent, democratic, social, law-based state.
Article 2
The sovereignty of Ukraine extends throughout its
entire territory.
Ukraine is a unitary state.
The territory of Ukraine within its present border is
indivisible and inviolable.
Article 3
The human being, his or her
life and health, honour and dignity, inviolability and security are recognised
in Ukraine as the highest social value.
Human rights and freedoms and
their guarantees determine the essence and orientation of the activity of the
State. The State is answerable to the individual for its activity. To affirm
and ensure human rights and freedoms is the main duty of the State.
Article 4
There is single citizenship
in Ukraine. The grounds for the
acquisition and termination of Ukrainian citizenship are determined by law.
Article 5
Ukraine is a republic.
The people are the bearers of
sovereignty and the only source of power in Ukraine. The people exercise power
directly and through bodies of state power and bodies of local self-government.
The right to determine and
change the constitutional order in Ukraine belongs exclusively to the
people and shall not be usurped by the State, its bodies or officials.
No one shall usurp state
power.
Article 6
State power in Ukraine is exercised on the
principles of its division into legislative, executive and judicial power.
Bodies of legislative,
executive and judicial power exercise their authority within the limits
established by this Constitution and in accordance with the laws of Ukraine.
Article 7
In Ukraine, local self-government is
recognised and guaranteed.
Article 8
In Ukraine, the principle of the rule
of law is recognised and effective.
The Constitution of Ukraine
has the highest legal force. Laws and other normative legal acts are adopted on
the basis of the Constitution of Ukraine and shall conform to it.
The norms of the Constitution
of Ukraine are norms of direct effect. Appeals to the court in defence of the
constitutional rights and freedoms of the individual and citizen directly on
the grounds of the Constitution of Ukraine are guaranteed.
Article 9
International treaties that
are in force, agreed to be binding by the Verkhovna Rada of Ukraine, are part of the national
legislation of Ukraine.
The conclusion of
international treaties that contravene the Constitution of Ukraine is possible
only after introducing relevant amendments to the Constitution of Ukraine.
Article 10
The state language of Ukraine is the Ukrainian language.
The State ensures the
comprehensive development and functioning of the Ukrainian language in all
spheres of social life throughout the entire territory of Ukraine.
In Ukraine, the free development, use
and protection of Russian, and other languages of national minorities of Ukraine, is guaranteed.
The State promotes the
learning of languages of international communication.
The use of languages in Ukraine is guaranteed by the
Constitution of Ukraine and is determined by law.
Article 11
The State promotes the
consolidation and development of the Ukrainian nation, of its historical
consciousness, traditions and culture, and also the development of the ethnic,
cultural, linguistic and religious identity of all indigenous peoples and
national minorities of Ukraine.
Article 12
Ukraine provides for the
satisfaction of national and cultural, and linguistic needs of Ukrainians
residing beyond the borders of the State.
Article 13
The land, its mineral wealth,
atmosphere, water and other natural resources within the territory of Ukraine, the natural resources of
its continental shelf, and the exclusive (maritime) economic zone, are objects
of the right of property of the Ukrainian people. Ownership rights on behalf of
the Ukrainian people are exercised by bodies of state power and bodies of local
self-government within the limits determined by this Constitution.
Every citizen has the right
to utilise the natural objects of the people's right of property in accordance
with the law.
Property entails
responsibility. Property shall not be used to the detriment of the person and
society.
The State ensures the
protection of the rights of all subjects of the right of property and economic
management, and the social orientation of the economy. All subjects of the
right of property are equal before the law.
Article 14
Land is the fundamental
national wealth that is under special state protection.
The right of property to land
is guaranteed. This right is acquired and realised by citizens, legal persons
and the State, exclusively in accordance with the law.
Article 15
Social life in Ukraine is based on the principles
of political, economic and ideological diversity.
No ideology shall be
recognised by the State as mandatory.
Censorship is prohibited.
The State guarantees freedom
of political activity not prohibited by the Constitution and the laws of Ukraine.
Article 16
To ensure ecological safety
and to maintain the ecological balance on the territory of Ukraine, to overcome the
consequences of the Chornobyl catastrophe — a catastrophe of global scale, and
to preserve the gene pool of the Ukrainian people, is the duty of the State.
Article 17
To protect the sovereignty
and territorial indivisibility of Ukraine, and to ensure its economic
and informational security are the most important
functions of the State and a matter of concern for all the Ukrainian people.
The defence of Ukraine and the protection of its
sovereignty, territorial indivisibility and inviolability, are entrusted to the
Armed Forces of Ukraine.
Ensuring state security and
protecting the state border of Ukraine are entrusted to the respective
military formations and law enforcement bodies of the State, whose organisation
and operational procedure are determined by law.
The Armed Forces of Ukraine
and other military formations shall not be used by anyone to restrict the
rights and freedoms of citizens or with the intent to overthrow the
constitutional order, subvert the bodies of power or obstruct their activity.
The State ensures the social
protection of citizens of Ukraine who serve in the Armed
Forces of Ukraine and in other military formations as well as of members of
their families.
The creation and operation of
any armed formations not envisaged by law are prohibited on the territory of Ukraine.
The location of foreign
military bases shall not be permitted on the territory of Ukraine.
Article 18
The foreign political
activity of Ukraine is aimed at ensuring its
national interests and security by maintaining peaceful and mutually beneficial
co-operation with members of the international community, according to
generally acknowledged principles and norms of international law.
Article 19
The legal order in Ukraine is based on the principles
according to which no one shall be forced to do what is not envisaged by
legislation.
Bodies of state power and
bodies of local self-government and their officials are obliged to act only on
the grounds, within the limits of authority, and in the manner envisaged by the
Constitution and the laws of Ukraine.
Article 20
The state symbols of Ukraine are the State Flag of
Ukraine, the State Coat of Arms of Ukraine and the State Anthem of Ukraine.
The State Flag of Ukraine is
a banner of two equally-sized horizontal bands of blue and yellow.
The Great State Coat of Arms
of Ukraine shall be established with the consideration of the Small State Coat
of Arms of Ukraine and the Coat of Arms of the Zaporozhian Host, by the law
adopted by no less than two-thirds of the constitutional composition of the
Verkhovna Rada of Ukraine.
The main element of the Great
State Coat of Arms of Ukraine is the Emblem of the Royal State of Volodymyr the
Great (the Small State Coat of Arms of Ukraine).
The State Anthem of Ukraine
is the national anthem set to the music of M. Verbytskyi, with words that are
confirmed by the law adopted by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine.
The description of the state
symbols of Ukraine and the procedure for their
use shall be established by the law adopted by no less than two-thirds of the
constitutional composition of the Verkhovna Rada of Ukraine.
The capital of Ukraine is the City of Kyiv.
Chapter II
Human and Citizens'
Rights, Freedoms and Duties
Article 21
All people are free and equal
in their dignity and rights.
Human rights and freedoms are
inalienable and inviolable.
Article 22
Human and citizens' rights
and freedoms affirmed by this Constitution are not exhaustive.
Constitutional rights and
freedoms are guaranteed and shall not be abolished.
The content and scope of
existing rights and freedoms shall not be diminished in the adoption of new
laws or in the amendment of laws that are in force.
Article 23
Every person has the right to
free development of his or her personality if the rights and freedoms of other
persons are not violated thereby, and has duties before the society in which
the free and comprehensive development of his or her personality is ensured.
Article 24
Citizens have equal
constitutional rights and freedoms and are equal before the law.
There shall be no privileges
or restrictions based on race, colour of skin, political, religious and other
beliefs, sex, ethnic and social origin, property status, place of residence,
linguistic or other characteristics.
Equality of the rights of
women and men is ensured: by providing women with opportunities equal to those
of men, in public and political, and cultural activity, in obtaining education
and in professional training, in work and its remuneration; by special measures
for the protection of work and health of women; by establishing pension
privileges, by creating conditions that allow women to combine work and
motherhood; by legal protection, material and moral support of motherhood and
childhood, including the provision of paid leaves and other privileges to
pregnant women and mothers.
Article 25
A citizen of Ukraine shall not be deprived of
citizenship and of the right to change citizenship.
A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another
state.
Ukraine guarantees care and
protection to its citizens who are beyond its borders.
Article 26
Foreigners and stateless
persons who are in Ukraine on legal grounds enjoy the same rights and freedoms
and also bear the same duties as citizens of Ukraine, with the exceptions
established by the Constitution, laws or international treaties of Ukraine.
Foreigners and stateless
persons may be granted asylum by the procedure established by law.
Article 27
Every person has the
inalienable right to life.
No one shall be arbitrarily
deprived of life. The duty of the State is to protect human life.
Everyone has the right to
protect his or her life and health, the lives and health of other persons
against unlawful encroachments.
Article 28
Everyone has the right to
respect of his or her dignity.
No one shall be subjected to
torture, cruel, inhuman or degrading treatment or punishment that violates his
or her dignity.
No person shall be subjected
to medical, scientific or other experiments without his or her free consent.
Article 29
Every person has the right to
freedom and personal inviolability.
No one shall be arrested or
held in custody other than pursuant to a substantiated court decision and only
on the grounds and in accordance with the procedure established by law.
In the event of an urgent
necessity to prevent or stop a crime, bodies authorised by law may hold a
person in custody as a temporary preventive measure, the reasonable grounds for
which shall be verified by a court within seventy-two hours. The detained
person shall be released immediately, if he or she has not been provided,
within seventy-two hours from the moment of detention, with a substantiated
court decision in regard to the holding in custody.
Everyone arrested or detained
shall be informed without delay of the reasons for his or her
arrest or detention, apprised of his or her rights, and from the moment of
detention shall be given the opportunity to personally defend himself or
herself, or to have the legal assistance of a defender.
Everyone detained has the
right to challenge his or her detention in court at any time.
Relatives of an arrested or
detained person shall be informed immediately of his or
her arrest or detention.
Article 30
Everyone is guaranteed the
inviolability of his or her dwelling place.
Entry into a dwelling place
or other possessions of a person, and the examination or search thereof, shall
not be permitted, other than pursuant to a substantiated court decision.
In urgent cases related to
the preservation of human life and property or to the direct pursuit of persons
suspected of committing a crime, another procedure established by law is
possible for entry into a dwelling place or other possessions of a person, and
for the examination and search thereof.
Article 31
Everyone is guaranteed
privacy of mail, telephone conversations, telegraph and other correspondence.
Exceptions shall be established only by a court in cases envisaged by law, with
the purpose of preventing crime or ascertaining the truth in the course of the
investigation of a criminal case, if it is not possible to obtain information by other means.
Article 32
No one shall be subject to
interference in his or her personal and family life, except in cases envisaged
by the Constitution of Ukraine.
The collection, storage, use
and dissemination of confidential information about a person
without his or her consent shall not be permitted, except in cases determined
by law, and only in the interests of national security, economic welfare and
human rights.
Every citizen has the right
to examine information about himself or herself, that is not a
state secret or other secret protected by law, at the bodies of state power,
bodies of local self-government, institutions and organisations.
Everyone is guaranteed judicial
protection of the right to rectify incorrect information about himself or
herself and members of his or her family, and of the right to demand that any
type of information be expunged, and also the right to
compensation for material and moral damages inflicted by the collection,
storage, use and dissemination of such incorrect information.
Article 33
Everyone who is legally
present on the territory of Ukraine is guaranteed freedom of
movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of
restrictions established by law.
A citizen of Ukraine may not be deprived of the
right to return to Ukraine at any time.
Article 34
Everyone is guaranteed the
right to freedom of thought and speech, and to the free expression of his or
her views and beliefs.
Everyone has the right to
freely collect, store, use and disseminate information by oral, written or
other means of his or her choice.
The exercise of these rights
may be restricted by law in the interests of national security, territorial
indivisibility or public order, with the purpose of preventing disturbances or
crimes, protecting the health of the population, the reputation or rights of
other persons, preventing the publication of information received
confidentially, or supporting the authority and impartiality of justice.
Article 35
Everyone has the right to
freedom of personal philosophy and religion. This right includes the freedom to
profess or not to profess any religion, to perform alone or collectively and
without constraint religious rites and ceremonial rituals, and to conduct religious
activity.
The exercise of this right
may be restricted by law only in the interests of protecting public order, the
health and morality of the population, or protecting the rights and freedoms of
other persons.
The Church and religious
organisations in Ukraine are separated from the
State, and the school — from the Church. No religion shall be recognised by the
State as mandatory.
No one shall be relieved of
his or her duties before the State or refuse to perform the laws for reasons of
religious beliefs. In the event that the performance of military duty is
contrary to the religious beliefs of a citizen, the performance of this duty
shall be replaced by alternative (non-military) service.
Article 36
Citizens of Ukraine have the
right to freedom of association in political parties and public organisations
for the exercise and protection of their rights and freedoms and for the satisfaction
of their political, economic, social, cultural and other interests, with the
exception of restrictions established by law in the interests of national
security and public order, the protection of the health of the population or
the protection of rights and freedoms of other persons.
Political parties in Ukraine promote the formation and
expression of the political will of citizens, and participate in elections.
Only citizens of Ukraine may be members of political
parties. Restrictions on membership in political parties are established
exclusively by this Constitution and the laws of Ukraine.
Citizens have the right to
take part in trade unions with the purpose of protecting their labour and
socio-economic rights and interests. Trade unions are public organisations that
unite citizens bound by common interests that accord with the nature of their
professional activity. Trade unions are formed without prior permission on the
basis of the free choice of their members. All trade unions have equal rights.
Restrictions on membership in trade unions are established exclusively by this
Constitution and the laws of Ukraine.
No one may be forced to join
any association of citizens or be restricted in his or her rights for belonging
or not belonging to political parties or public organisations.
All associations of citizens
are equal before the law.
Article 37
The establishment and
activity of political parties and public associations are prohibited if their
programme goals or actions are aimed at the liquidation of the independence of
Ukraine, the change of the constitutional order by violent means, the violation
of the sovereignty and territorial indivisibility of the State, the undermining
of its security, the unlawful seizure of state power, the propaganda of war and
of violence, the incitement of inter-ethnic, racial, or religious enmity, and
the encroachment on human rights and freedoms and the health of the population.
Political parties and public
associations shall not have paramilitary formations.
The creation and activity of
organisational structures of political parties shall not be permitted within
bodies of executive and judicial power and executive bodies of local
self-government, in military formations, and also in state enterprises,
educational establishments and other state institutions and organisations.
The prohibition of the
activity of associations of citizens is exercised only through judicial
procedure.
Article 38
Citizens have the right to
participate in the administration of state affairs, in All-Ukrainian and local
referendums, to freely elect and to be elected to bodies of state power and
bodies of local self-government.
Citizens enjoy the equal
right of access to the civil service and to service in bodies of local self-government.
Article 39
Citizens have the right to
assemble peacefully without arms and to hold meetings, rallies, processions and
demonstrations, upon notifying in advance the bodies of executive power or
bodies of local self-government.
Restrictions on the exercise
of this right may be established by a court in accordance with the law and only
in the interests of national security and public order, with the purpose of
preventing disturbances or crimes, protecting the health of the population, or
protecting the rights and freedoms of other persons.
Article 40
Everyone has the right to
file individual or collective petitions, or to personally appeal to bodies of
state power, bodies of local self-government, and to the officials and officers
of these bodies, that are obliged to consider the petitions and to provide a
substantiated reply within the term established by law.
Article 41
Everyone has the right to
own, use and dispose of his or her property, and the results of his or her
intellectual and creative activity.
The right of private property
is acquired by the procedure determined by law.
In order to satisfy their
needs, citizens may use the objects of the right of state and communal property
in accordance with the law.
No one shall be unlawfully
deprived of the right of property. The right of private property is inviolable.
The expropriation of objects
of the right of private property may be applied only as an exception for
reasons of social necessity, on the grounds of and by the procedure established
by law, and on the condition of advance and complete compensation of their
value. The expropriation of such objects with subsequent complete compensation
of their value is permitted only under conditions of martial law or a state of emergency.
Confiscation of property may
be applied only pursuant to a court decision, in the cases, in the extent and
by the procedure established by law.
The use of property shall not
cause harm to the rights, freedoms and dignity of citizens, the interests of
society, aggravate the ecological situation and the natural qualities of land.
Article 42
Everyone has the right to
entrepreneurial activity that is not prohibited by law.
The entrepreneurial activity
of deputies, officials and officers of bodies of state power and of bodies of
local self-government is restricted by law.
The State ensures the
protection of competition in entrepreneurial activity. The abuse of a
monopolistic position in the market, the unlawful restriction of competition, and
unfair competition, shall not be permitted. The types and limits of monopolies
are determined by law.
The State protects the rights
of consumers, exercises control over the quality and safety of products and of
all types of services and work, and promotes the activity of public consumer
associations.
Article 43
Everyone has the right to
labour, including the possibility to earn one's living by labour that he or she
freely chooses or to which he or she freely agrees.
The State creates conditions
for citizens to fully realise their right to labour, guarantees equal
opportunities in the choice of profession and of types of labour activity,
implements programmes of vocational education, training and retraining of
personnel according to the needs of society.
The use of forced labour is
prohibited. Military or alternative (non-military) service, and also work or
service carried out by a person in compliance with a verdict or other court
decision, or in accordance with the laws on martial law or on a state of
emergency, are not considered to be forced labour.
Everyone has the right to
proper, safe and healthy work conditions, and to remuneration no less than the
minimum wage as determined by law.
The employment of women and
minors for work that is hazardous to their health, is prohibited.
Citizens are guaranteed
protection from unlawful dismissal.
The right to timely payment
for labour is protected by law.
Article 44
Those who are employed have
the right to strike for the protection of their economic and social interests.
The procedure for exercising
the right to strike is established by law, taking into account the necessity to
ensure national security, health protection, and rights and freedoms of other
persons.
No one shall be forced to participate
or not to participate in a strike.
The prohibition of a strike
is possible only on the basis of the law.
Article 45
Everyone who is employed has
the right to rest.
This right is ensured by
providing weekly rest days and also paid annual vacation, by establishing a
shorter working day for certain professions and industries, and reduced working
hours at night.
The maximum number of working
hours, the minimum duration of rest and of paid annual vacation, days off and
holidays as well as other conditions for exercising this right, are determined
by law.
Article 46
Citizens have the right to
social protection that includes the right to provision in cases of complete,
partial or temporary disability, the loss of the principal wage-earner,
unemployment due to circumstances beyond their control and also in old age, and
in other cases established by law.
This right is guaranteed by
general mandatory state social insurance on account of the insurance payments
of citizens, enterprises, institutions and organisations, and also from
budgetary and other sources of social security; by the establishment of a
network of state, communal and private institutions to care for persons
incapable of work.
Pensions and other types of
social payments and assistance that are the principal sources of subsistence,
shall ensure a standard of living not lower than the minimum living standard
established by law.
Article 47
Everyone has the right to
housing. The State creates conditions that enable every citizen to build,
purchase as property, or to rent housing.
Citizens in need of social
protection are provided with housing by the State and bodies of local
self-government, free of charge or at a price affordable for them, in
accordance with the law.
No one shall be forcibly
deprived of housing other than on the basis of the law pursuant to a court
decision.
Article 48
Everyone has the right to a
standard of living sufficient for himself or herself and his or her family that
includes adequate nutrition, clothing and housing.
Article 49
Everyone has the right to
health protection, medical care and medical insurance.
Health protection is ensured
through state funding of the relevant socio-economic, medical and sanitary,
health improvement and prophylactic programmes.
The State creates conditions
for effective medical service accessible to all citizens. State and communal
health protection institutions provide medical care free of charge; the
existing network of such institutions shall not be reduced. The State promotes
the development of medical institutions of all forms of ownership.
The State provides for the
development of physical culture and sports, and ensures sanitary-epidemic
welfare.
Article 50
Everyone has the right to an
environment that is safe for life and health, and to compensation for damages
inflicted through the violation of this right.
Everyone is guaranteed the
right of free access to information about the
environmental situation, the quality of food and consumer goods, and also the
right to disseminate such information. No one shall make
such information secret.
Article 51
Marriage is based on the free
consent of a woman and a man. Each of the spouses has equal rights and duties
in the marriage and family.
Parents are obliged to
support their children until they attain the age of majority. Adult children
are obliged to care for their parents who are incapable of work.
The family, childhood,
motherhood and fatherhood are under the protection of the State.
Article 52
Children are equal in their
rights regardless of their origin and whether they are born in or out of
wedlock.
Any violence against a child,
or his or her exploitation, shall be prosecuted by law.
The maintenance and
upbringing of orphans and children deprived of parental care is entrusted to
the State. The State encourages and supports charitable activity in regard to
children.
Article 53
Everyone has the right to
education.
Complete general secondary
education is compulsory.
The State ensures accessible
and free pre-school, complete general secondary, vocational and higher
education in state and communal educational establishments; the development of
pre-school, complete general secondary, extra-curricular, vocational, higher
and post-graduate education, various forms of instruction; the provision of
state scholarships and privileges to pupils and students.
Citizens have the right to
obtain free higher education in state and communal educational establishments
on a competitive basis.
Citizens who belong to
national minorities are guaranteed in accordance with the law the right to
receive instruction in their native language, or to study their native language
in state and communal educational establishments and through national cultural
societies.
Article 54
Citizens are guaranteed the
freedom of literary, artistic, scientific and technical creativity, protection
of intellectual property, their copyrights, moral and material interests that
arise with regard to various types of intellectual activity.
Every citizen has the right
to the results of his or her intellectual, creative activity; no one shall use
or distribute them without his or her consent, with the exceptions established
by law.
The State promotes the
development of science and the establishment of scientific relations of Ukraine with the world community.
Cultural heritage is
protected by law.
The State ensures the
preservation of historical monuments and other objects of cultural value, and
takes measures to return to Ukraine the cultural treasures of the nation, that
are located beyond its borders.
Article 55
Human and citizens' rights
and freedoms are protected by the court.
Everyone is guaranteed the
right to challenge in court the decisions, actions or omission of bodies of
state power, bodies of local self-government, officials and officers.
Everyone has the right to
appeal for the protection of his or her rights to the Authorised Human Rights
Representative of the Verkhovna Rada of Ukraine.
After exhausting all domestic
legal remedies, everyone has the right to appeal for the protection of his or
her rights and freedoms to the relevant international judicial institutions or
to the relevant bodies of international organisations of which Ukraine is a member or participant.
Everyone has the right to
protect his or her rights and freedoms from violations and illegal
encroachments by any means not prohibited by law.
Article 56
Everyone has the right to
compensation, at the expense of the State or bodies of local self-government,
for material and moral damages inflicted by unlawful decisions, actions or
omission of bodies of state power, bodies of local self-government, their
officials and officers during the exercise of their authority.
Article 57
Everyone is guaranteed the
right to know his or her rights and duties.
Laws and other normative
legal acts that determine the rights and duties of citizens shall be brought to
the notice of the population by the procedure established by law.
Laws and other normative
legal acts that determine the rights and duties of citizens, but that are not
brought to the notice of the population by the procedure established by law,
are not in force.
Article 58
Laws and other normative
legal acts have no retroactive force, except in cases where they mitigate or
annul the responsibility of a person.
No one shall bear
responsibility for acts that, at the time they were committed, were not deemed
by law to be an offence.
Article 59
Everyone has the right to
legal assistance. Such assistance is provided free of charge in cases envisaged
by law. Everyone is free to choose the defender of his or her rights.
In Ukraine, the advocacy acts to ensure
the right to a defence against accusation and to provide legal assistance in
deciding cases in courts and other state bodies.
Article 60
No one is obliged to execute
rulings or orders that are manifestly criminal.
For the issuance or execution
of a manifestly criminal ruling or order, legal liability arises.
Article 61
For one and the same offence,
no one shall be brought twice to legal liability of the same type.
The legal liability of a
person is of an individual character.
Article 62
A person is presumed innocent
of committing a crime and shall not be subjected to criminal punishment until
his or her guilt is proved through legal procedure and established by a court
verdict of guilty.
No one is obliged to prove
his or her innocence of committing a crime.
An accusation shall not be
based on illegally obtained evidence as well as on assumptions. All doubts in
regard to the proof of guilt of a person are interpreted in his or her favour.
In the event that a court
verdict is revoked as unjust, the State compensates the material and moral
damages inflicted by the groundless conviction.
Article 63
A person shall not bear
responsibility for refusing to testify or to explain anything about himself or
herself, members of his or her family or close relatives in the degree
determined by law.
A suspect, an accused, or a
defendant has the right to a defence.
A convicted person enjoys all
human and citizens' rights, with the exception of restrictions determined by
law and established by a court verdict.
Article 64
Constitutional human and
citizens' rights and freedoms shall not be restricted, except in cases
envisaged by the Constitution of Ukraine.
Under conditions of martial
law or a state of emergency, specific restrictions on rights and freedoms may
be established with the indication of the period of effectiveness of these
restrictions. The rights and freedoms envisaged in Articles 24, 25, 2 7, 28,
29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Constitution
shall not be restricted.
Article 65
Defence of the Motherland, of
the independence and territorial indivisibility of Ukraine, and respect for its state
symbols, are the duties of citizens of Ukraine.
Citizens perform military
service in accordance with the law.
Article 66
Everyone is obliged not to
harm nature, cultural heritage and to compensate for any damage he or she
inflicted.
Article 67
Everyone is obliged to pay
taxes and levies in accordance with the procedure and in the extent established
by law.
All citizens annually file
declarations with the tax inspection at their place of residence, on their
property status and income for the previous year, by the procedure established
by law.
Article 68
Everyone is obliged to
strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the
rights and freedoms, honour and dignity of other persons.
Ignorance of the law shall
not exempt from legal liability.
Chapter III
Elections. Referendum
Article 69
The expression of the will of
the people is exercised through elections, referendum and other forms of direct
democracy.
Article 70
Citizens of Ukraine who have attained the age of
eighteen on the day elections and referendums are held, have the right to vote
at the elections and referendums.
Citizens deemed by a court to
be incompetent do not have the right to vote.
Article 71
Elections to bodies of state
power and bodies of local self-government are free and are held on the basis of
universal, equal and direct suffrage, by secret ballot.
Voters are guaranteed the
free expression of their will.
Article 72
An All-Ukrainian referendum
is designated by the Verkhovna Rada of Ukraine or by the President of
Ukraine, in accordance with their authority established by this Constitution.
An All-Ukrainian referendum
is called on popular initiative on the request of no less than three million
citizens of Ukraine who have the right to vote,
on the condition that the signatures in favour of designating the referendum
have been collected in no less than two-thirds of the oblasts, with no less
than 100 000 signatures in each oblast.
Article 73
Issues of altering the territory of Ukraine are resolved exclusively by
an All-Ukrainian referendum.
Article 74
A referendum shall not be
permitted in regard to draft laws on issues of taxes, the budget and amnesty.
Chapter IV
Verkhovna Rada of Ukraine
Article 75
The sole body of legislative
power in Ukraine is the Parliament — the
Verkhovna Rada of Ukraine.
Article 76
The constitutional
composition of the Verkhovna Rada of Ukraine is 450 People’s 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,
shall be eligible to be elected a People’s Deputy of Ukraine.
A citizen who has a criminal
record for committing an intentional crime shall not be eligible to be elected
to the Verkhovna Rada of Ukraine if the record is not
cancelled and erased under the procedure established by law.
The authority of People’s
Deputies of Ukraine is determined by the Constitution and the laws of Ukraine.
The term of office of the Verkhovna
Rada of Ukraine is five years.
Article 77
Regular elections to the
Verkhovna Rada of Ukraine take place on the last
Sunday of the last month of the fifth year of the term of authority of the
Verkhovna Rada of Ukraine.
Special elections to the
Verkhovna Rada of Ukraine are designated by the
President of Ukraine and are held within sixty days from the day of the
publication of the decision on the pre-term termination of authority of the
Verkhovna Rada of Ukraine.
The procedure for conducting
elections of People’s Deputies of Ukraine is established by law.
Article 78
People’s Deputies of Ukraine
exercise their authority on a permanent basis.
People’s Deputies of Ukraine
shall not have any other representative mandate, be in the civil service, hold
any other paid offices, carry out other gainful or entrepreneurial activity
(with the exception of teaching, scientific, and creative activities), or to be
a member of the governing body or supervisory council of an enterprise or a
profit-seeking organisation.
Requirements concerning the incompatibility
of the deputy’s mandate with other types of activity are established by law.
Where there emerge
circumstances infringing requirements concerning the incompatibility of the
deputy’s mandate with other types of activity, the People’s Deputy of Ukraine
shall within twenty days from the date of the emergence of such circumstances
discontinue such activity or lodge a personal application for divesting of People’s
Deputy authority.
Article 79
Before assuming office, People’s
Deputies of Ukraine take the following oath before the Verkhovna Rada of Ukraine:
"I swear allegiance to Ukraine. I commit myself with all my
deeds to protect the sovereignty and independence of Ukraine, to provide for the good of
the Motherland and for the welfare of the Ukrainian people.
I swear to abide by the
Constitution of Ukraine and the laws of Ukraine, to carry out my duties in
the interests of all compatriots."
The oath is read by the
eldest People’s Deputy of Ukraine before the opening of the first session of
the newly-elected Verkhovna Rada of Ukraine, after which the deputies
affirm the oath with their signatures below its text.
The refusal to take the oath
results in the loss of the mandate of the deputy.
The authority of People’s
Deputies of Ukraine commences from the moment of the taking of the oath.
Article 80
People’s Deputies of Ukraine
are guaranteed parliamentary immunity.
People’s Deputies of Ukraine
are not legally liable for the results of voting or for statements made in
Parliament and in its bodies, with the exception of liability for insult or
defamation.
People’s Deputies of Ukraine
shall not be held criminally liable, detained or arrested without the consent
of the Verkhovna Rada of Ukraine.
Article 81
The authority of People’s Deputies
of Ukraine terminates simultaneously with the termination of authority of the
Verkhovna Rada of Ukraine.
The authority of a People’s
Deputy of Ukraine shall terminate prior to the expiration of his or her term in
office in the event of:
(1)
his or her resignation through a personal application;
(2)
a guilty verdict against him or her entering into legal force;
(3)
a court declaring him or her incapacitated or missing;
(4)
termination of his or her citizenship or his or her departure from
Ukraine for permanent residence abroad;
(5)
his or her failure, within twenty days from the date of the
emergence of circumstances leading to the infringement of requirements
concerning the incompatibility of the deputy’s mandate with other types of
activity, to remove such circumstances;
(6)
his or her failure, as having been elected from a political party
(an electoral bloc of political parties), to join the parliamentary faction
representing the same political party (the same electoral bloc of political
parties) or his or her exit from such a faction;
(7)
his or her death.
The pre-term termination of
the authority of a People’s Deputy of Ukraine shall also be caused by the early
termination, under the Constitution of Ukraine, of authority of the Verkhovna
Rada of Ukraine, with such termination of
the Deputy’s authority taking effect on the date when the Verkhovna Rada of Ukraine of a new convocation opens
its first meeting.
A decision on pre-term
termination of the authority of a People’s Deputy of Ukraine on grounds
referred to in subparagraphs (1), (4) of the second paragraph of this Article
shall be made by the Verkhovna Rada of Ukraine, while the ground referred to in
subparagraph (5) of the second paragraph of this Article shall be a matter to
be decided by court.
Where a guilty verdict
against a People’s Deputy of Ukraine becomes legally effective or where a court
declares a People’s Deputy of Ukraine incapacitated or missing, his or her
powers terminate on the date when the court decision becomes legally effective,
while in the event of the Deputy’s death – on the date of his or her death as
certified by the relevant document.
Where a People’s Deputy of Ukraine,
as having been elected from a political party (an electoral bloc of political
parties), fails to join the parliamentary faction representing the same
political party (the same electoral bloc of political parties) or exits from
such a faction, the highest steering body of the respective political party
(electoral bloc of political parties) shall decide to terminate early his or
her authority on the basis of a law, with the termination taking effect on the
date of such a decision.
Article 82
The Verkhovna Rada of Ukraine works in sessions.
The Verkhovna Rada of Ukraine is competent on the condition that no less than two-thirds of its
constitutional composition has been elected.
The Verkhovna Rada of Ukraine assembles for its first session no later than on the thirtieth
day after the official announcement of the election results.
The first meeting of the Verkhovna
Rada of Ukraine is opened by the eldest People’s 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.
Special sessions of the Verkhovna
Rada of Ukraine, with the stipulation of their agenda, are convoked by the
Chairperson of the Verkhovna Rada of Ukraine, on the demand of the President of Ukraine or on the demand of no
fewer People’s Deputies of Ukraine than one-third of the constitutional
composition of the Verkhovna Rada of Ukraine.
In the event that the President of
Ukraine declares, by proclaiming a decree, a state of martial law or of
emergency upon the whole territory
of Ukraine or in some areas of the State, the Verkhovna Rada of Ukraine shall assemble within two days without convocation.
In the event that the term of
authority of the Verkhovna Rada of Ukraine expires while a state of martial law
or of emergency is in effect, its powers are extended until the day when the
Verkhovna Rada of Ukraine elected after the cancellation of the state of
martial law or of emergency convenes its first meeting of the first session.
Rules on the conduct of work
of the Verkhovna Rada of Ukraine shall be laid down in the
Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.
According to election results
and on the basis of a common ground achieved between various political
positions, a coalition of parliamentary factions shall be formed in the
Verkhovna Rada of Ukraine to include a majority of People’s
Deputies of Ukraine within the constitutional composition of the Verkhovna Rada
of Ukraine.
A coalition of parliamentary
factions in the Verkhovna Rada of Ukraine shall be formed within a month from
the date of the first meeting of the Verkhovna Rada of Ukraine to be held
following regular or special elections to the Verkhovna Rada of Ukraine, or
within a month from the date when activities of a coalition of parliamentary
factions in the Verkhovna Rada of Ukraine terminated.
A coalition of parliamentary
factions in the Verkhovna Rada of Ukraine submits to the President of
Ukraine, in accordance with this Constitution, proposals concerning a
candidature for the office of the Prime Minister of Ukraine and also, in
accordance with this Constitution, submits proposals concerning candidatures
for the membership of the Cabinet of Ministers of Ukraine.
Framework for forming,
organising, and terminating activities of a coalition of parliamentary factions
in the Verkhovna Rada of Ukraine shall be established by the
Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.
A parliamentary faction in
the Verkhovna Rada of Ukraine whose members make up a
majority of People’s Deputies of Ukraine within the constitutional composition
of the Verkhovna Rada of Ukraine shall enjoy the same rights
under this Constitution as a coalition of parliamentary factions in the
Verkhovna Rada of Ukraine.
Article 84
Meetings of the Verkhovna
Rada of Ukraine are conducted openly. A
closed meeting is conducted on the decision of the majority of the
constitutional composition of the Verkhovna Rada of Ukraine.
Decisions of the Verkhovna
Rada of Ukraine are adopted exclusively at
its plenary meetings by voting.
Voting at the meetings of the
Verkhovna Rada of Ukraine is performed by a People’s
Deputy of Ukraine in person.
Article 85
The authority of the
Verkhovna Rada of Ukraine comprises:
(1) introducing amendments to the
Constitution of Ukraine within the limits and under the procedure specified in
Chapter XIII of this Constitution;
(2) instituting an All-Ukrainian
referendum on issues referred to in Article 73 of this Constitution;
(3) adopting laws;
(4) approving the State Budget of
Ukraine and introducing amendments thereto; exercising control over the
implementation of the State Budget of Ukraine and adopting decision in regard
to the report on its implementation;
(5) determining the principles of
domestic and foreign policy;
(6) approving national programmes of
economic, scientific-technical, social, national-cultural development, and of
the protection of the environment;
(7) calling elections of the
President of Ukraine within the terms specified in this Constitution;
(8) hearing annual and special
messages of the President of Ukraine on the internal and external situation of Ukraine;
(9) declaring war upon the
submission by the President of Ukraine and concluding peace; approving a
decision by 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 under a special procedure (impeachment) as provided for in
Article 111 of this Constitution;
(11) considering and adopting a
decision in regard to the approval of the Programme of Activity of the Cabinet
of Ministers of Ukraine;
(12) appointing to office - upon the
submission by the President of Ukraine - the Prime Minister of Ukraine, the
Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine;
appointing to office - upon the submission by the Prime Minister of Ukraine -
other members of the Cabinet of Ministers of Ukraine, the Chairperson of the
Antimonopoly Committee of Ukraine, the Head of the State Committee on
Television and Radio Broadcasting of Ukraine, and the Head of the State
Property Fund of Ukraine; dismissing from office the officials mentioned above;
deciding on the resignation of the Prime Minister of Ukraine and of members of
the Cabinet of Ministers of Ukraine;
(121) appointing to
office and dismissing from office - upon the submission by the President of
Ukraine - the Head of the Security Service of Ukraine;
(13) exercising control over
activities of the Cabinet of Ministers of Ukraine, in accordance with this
Constitution and law;
(14) confirming decisions on loans
and economic aid to be granted by Ukraine to foreign states and international
organisations and also decisions on the receipt by Ukraine of loans not
envisaged by the State Budget of Ukraine from foreign states, banks and
international financial organisations; exercising control over the use of such
funds;
(15) adopting the Rules of Procedure
of the Verkhovna Rada of Ukraine;
(16) appointing to office and
dismissing from office the Chairperson and other members of the Chamber of
Accounting;
(17) appointing to office and
dismissing from office the Authorised Human Rights Representative of the
Verkhovna Rada of Ukraine; hearing his or her annual reports on the situation with regard
to the observance and protection of human rights and freedoms in Ukraine;
(18) appointing to office and
dismissing from office the Head of the National Bank of Ukraine upon the submission by the President of Ukraine;
(19) appointing and dismissing
one-half of the membership of the Council of the National Bank of Ukraine;
(20) appointing and dismissing
one-half of the membership of the National Council of Ukraine on Television and
Radio Broadcasting;
(21) appointing to office and
dismissing from office, upon the submission of the President of Ukraine, the
members of the Central Electoral Commission;
(22) approving the general structure
and numerical strength of the Security Service of Ukraine, the Armed Forces of
Ukraine, other military formations created in accordance with laws of Ukraine, and of the Ministry of Internal Affairs of Ukraine, as well as
defining their functions;
(23) approving decisions on
providing military assistance to other states, on sending units of the Armed
Forces of Ukraine to a foreign state, or on admitting units of armed forces of
foreign states onto the territory of Ukraine;
(24) establishing national symbols
of Ukraine;
(25) granting consent for the
appointment to office or dismissing from office by the President of Ukraine of
the Prosecutor General of Ukraine; taking a vote of no confidence in the
Prosecutor General of Ukraine, the result of which shall be his or her
resignation from office;
(26) appointing and dismissing
one-third of the members of the Constitutional Court of Ukraine;
(27) electing judges for permanent
terms;
(28) causing the early termination
of the authority of the Verkhovna Rada of the Autonomous Republic of Crimea
where the Constitutional Court of Ukraine finds that the Verkhovna Rada of the
Autonomous Republic of Crimea has violated the Constitution of Ukraine or laws
of Ukraine; calling special elections to the Verkhovna Rada of the
Autonomous Republic of Crimea;
(29) establishing and abolishing
districts, establishing and altering the boundaries of districts and cities,
assigning localities to the category of cities, naming and renaming localities
and districts;
(30) calling regular and special
elections to bodies of local self-government;
(31) giving its approval to decrees
by the President of Ukraine - within two days from the moment of the
President’s address - on introducing a state of martial law or of emergency in
Ukraine or in its some areas, on declaring total or partial mobilisation, and
on declaring particular areas to be ecological emergency zones;
(32) granting consent – by adopting
a law - to the binding character of international treaties of Ukraine and denouncing international treaties of Ukraine;
(33) exercising parliamentary
control within the scope provided for by this Constitution;
(34) adopting decisions on
forwarding an inquiry to the President of Ukraine at request by a People’s
Deputy of Ukraine, a group of People’s Deputies or by a Committee of the
Verkhovna Rada of Ukraine, provided that such a request has been previously
supported by no less than one-third of the
constitutional composition of the Verkhovna Rada of Ukraine;
(35) appointing to office and
dismissing from office the Head of Staff of the Verkhovna Rada of Ukraine; approving the budget of the Verkhovna Rada of Ukraine and the structure of its staff;
(36) approving the list of objects
owned by the State that are not subject to privatisation; establishing legal
principles of the expropriation of objects of private ownership;
(37) approving by law of the
Constitution of the Autonomous Republic of Crimea and amendments thereto.
The Verkhovna Rada of Ukraine shall also exercise any other powers falling within its
competence under the Constitution of Ukraine.
Article 86
At a session of the Verkhovna
Rada of Ukraine, a People’s Deputy of Ukraine has the right to present an
inquiry to the bodies of the Verkhovna Rada of Ukraine, the Cabinet of
Ministers of Ukraine, chief officers of other bodies of state power and bodies
of local self-government, and also to the chief executives of enterprises,
institutions and organisations located on the territory of Ukraine,
irrespective of their subordination and forms of ownership.
Chief officers of bodies of
state power and bodies of local self-government, chief executives of
enterprises, institutions and organisations are obliged to notify a People’s
Deputy of Ukraine of the results of the consideration of his or her inquiry.
Article 87
The Verkhovna Rada of
Ukraine, on the proposal of the President of Ukraine or no fewer People’s
Deputies of Ukraine than one-third of its constitutional composition, may
consider the issue of responsibility of the Cabinet of Ministers of Ukraine and
adopt a resolution of no confidence in the Cabinet of Ministers of Ukraine by
the majority of the constitutional composition of the Verkhovna Rada of
Ukraine.
The issue of responsibility
of the Cabinet of Ministers of Ukraine shall not be considered by the Verkhovna
Rada of Ukraine more than once during one
regular session, and also within one year after the approval of the Programme
of Activity of the Cabinet of Ministers of Ukraine or during the last session
of the Verkhovna Rada of Ukraine.
Article 88
The Verkhovna Rada of Ukraine elects from among its
members the Chairperson of the Verkhovna Rada of Ukraine, the First Deputy Chairperson
and the Deputy Chairperson of the Verkhovna Rada of Ukraine, and recalls them from these
offices.
The Chairperson of the
Verkhovna Rada of Ukraine:
1) presides at meetings of
the Verkhovna Rada of Ukraine;
2) organises work of the
Verkhovna Rada of Ukraine and co-ordinates activities
of its bodies;
3) signs acts adopted by the
Verkhovna Rada of Ukraine;
4) represents the Verkhovna
Rada of Ukraine in relations with other
bodies of state power of Ukraine and with the bodies of power
of other states;
5) organises the work of the
staff of the Verkhovna Rada of Ukraine.
The Chairperson of the
Verkhovna Rada of Ukraine exercises authority
envisaged by this Constitution, by the procedure established by the Rules of
Procedure of the Verkhovna Rada of Ukraine.
Article 89
To perform the work of
legislative drafting, to prepare and conduct the preliminary consideration of
issues ascribed to its authority as well as to exercise control functions
according to the Constitution of Ukraine the Verkhovna Rada of Ukraine
establishes from People’s Deputies of Ukraine committees of the Verkhovna Rada
of Ukraine, and elects Chairpersons to these Committees, their First Deputies,
Deputies and Secretaries.
The Verkhovna Rada of Ukraine, within the limits of its
authority, may establish temporary special commissions for the preparation and
the preliminary consideration of issues.
To investigate issues of
public interest, the Verkhovna Rada of Ukraine establishes temporary
investigatory commissions, if no less than one-third of the constitutional
composition of the Verkhovna Rada of Ukraine has voted in favour thereof.
The conclusions and proposals
of temporary investigatory commissions are not decisive for investigation and
court.
The organisation and
operational procedure of committees of the Verkhovna Rada of Ukraine, and also its temporary
special and temporary investigatory commissions, are established by law.
Article 90
The authority of the
Verkhovna Rada of Ukraine is terminated on the day of
the opening of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.
The President of Ukraine may
terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of
term, if:
(1) there is a failure to form within one month a
coalition of parliamentary factions in the Verkhovna Rada of Ukraine as provided for in Article 83 of this Constitution;
(2) there is a failure, within sixty
days following the resignation of the Cabinet of Ministers of Ukraine, to form
the personal composition of the Cabinet of Ministers of Ukraine;
(3) the Verkhovna Rada of Ukraine fails, within thirty days of a single regular session, to
commence its plenary meetings.
The early termination of powers of
the Verkhovna Rada of Ukraine shall be decided by the President of Ukraine following relevant
consultations with the Chairperson and Deputy Chairpersons of the Verkhovna
Rada of Ukraine and with Chairpersons of Verkhovna Rada parliamentary factions.
The authority of the
Verkhovna Rada of Ukraine, that is elected at special
elections conducted after the pre-term termination by the President of Ukraine
of authority of the Verkhovna Rada of Ukraine of the previous convocation,
shall not be terminated within one year from the day of its election.
The authority of the
Verkhovna Rada of Ukraine shall not be terminated during
the last six months of the term of authority of the Verkhovna Rada of Ukraine or President of Ukraine.
Article 91
The Verkhovna Rada of Ukraine adopts laws, resolutions and
other acts by the majority of its constitutional composition, except in cases
envisaged by this Constitution.
Article 92
The following are determined
exclusively by the laws of Ukraine:
1) human and citizens' rights
and freedoms, the guarantees of these rights and freedoms; the main duties of
the citizen;
2) citizenship, the legal
personality of citizens, the status of foreigners and stateless persons;
3) the rights of indigenous
peoples and national minorities;
4) the procedure for the use
of languages;
5) the principles of the use
of natural resources, the exclusive (maritime) economic zone and the
continental shelf, the exploration of outer space, the organisation and
operation of power supply systems, transportation and communications;
6) the fundamentals of social
protection, the forms and types of pension provision; the principles of the
regulation of labour and employment, marriage, family, the protection of
childhood, motherhood and fatherhood; upbringing, education, culture and health
care; ecological safety;
7) the legal regime of
property;
8) the legal principles and
guarantees of entrepreneurship; the rules of competition and the norms of
antimonopoly regulation;
9) the principles of foreign
relations, foreign economic activity and customs;
10) the principles of the
regulation of demographic and migration processes;
11) the principles of the
establishment and activity of political parties, other associations of
citizens, and the mass media;
12) the organisation and
activity of bodies of executive power, the fundamentals of civil service, the
organisation of state statistics and informatics;
13) the territorial structure
of Ukraine;
14) the judicial system,
judicial proceedings, the status of judges, the principles of judicial
expertise, the organisation and operation of the procuracy, the bodies of
inquiry and investigation, the notary, the bodies and institutions for the
execution of punishments; the fundamentals of the organisation and activity of
the advocacy;
15) the principles of local
self-government;
16) the status of the capital
of Ukraine; the special status of other
cities;
17) the fundamentals of
national security, the organisation of the Armed Forces of Ukraine and ensuring
public order;
18) the legal regime of the
state border;
19) the legal regime of
martial law and a state of emergency, zones of an ecological emergency
situation;
20) the organisation and
procedure for conducting elections and referendums;
21) the organisation and
operational procedure of the Verkhovna Rada of Ukraine, the status of People’s
Deputies of Ukraine;
22) the principles of civil
legal liability; acts that are crimes, administrative or disciplinary offences,
and liability for them.
The following are established
exclusively by the laws of Ukraine:
1) the State Budget of
Ukraine and the budgetary system of Ukraine; the system of taxation, taxes and
levies; the principles of the formation and operation of financial, monetary,
credit and investment markets; the status of the national currency and also the
status of foreign currencies on the territory of Ukraine; the procedure for the
formation and payment of state domestic and foreign debt; the procedure for the
issuance and circulation of state securities, their types and forms;
2) the procedure for
deploying units of the Armed Forces of Ukraine to other states; the procedure
for admitting and the terms for stationing units of armed forces of other
states on the territory of Ukraine;
3) units of weight, measure
and time; the procedure for establishing state standards;
4) the procedure for the use
and protection of state symbols;
5) state awards;
6) military ranks, diplomatic
and other special ranks;
7) state holidays;
8) the procedure for the
establishment and functioning of free and other special zones that have an
economic and migration regime different from the general regime.
Amnesty is declared by the
law of Ukraine.
Article 93
The right of legislative
initiative in the Verkhovna Rada of Ukraine belongs to the President of
Ukraine, the People’s Deputies of Ukraine and the Cabinet of Ministers of
Ukraine.
Draft laws defined by the
President of Ukraine as not postponable, are considered out of turn by the
Verkhovna Rada of Ukraine.
Article 94
The Chairperson of the
Verkhovna Rada of Ukraine signs a law and forwards it
without delay to the President of Ukraine.
Within fifteen days of the
receipt of a law, the President of Ukraine signs it, accepting it for
execution, and officially promulgates it, or returns it to the Verkhovna Rada
of Ukraine with substantiated and
formulated proposals for repeat consideration.
In the event that the
President of Ukraine has not returned a law for repeat consideration within the
established term, the law is deemed to be approved by the President of Ukraine
and shall be signed and officially promulgated.
Where a law, during its
repeat consideration, is again adopted by the Verkhovna Rada of Ukraine by no less than two-thirds
of its constitutional membership, the President of Ukraine is obliged to sign
and to officially promulgate it within ten days. In the event that the
President of Ukraine does not sign such a law, it shall be without delay
promulgated officially by the Chairperson of the Verkhovna Rada of Ukraine and published under his or
her signature.
A law enters into force in
ten days from the day of its official promulgation, unless otherwise envisaged
by the law itself, but not prior to the day of its publication.
Article 95
The budgetary system of Ukraine is built on the principles
of just and impartial distribution of social wealth among citizens and
territorial communities.
Any state expenditures for
the needs of the entire society, the extent and purposes of these expenditures,
are determined exclusively by the law on the State Budget of Ukraine.
The State aspires to a
balanced budget of Ukraine.
Regular reports on revenues
and expenditures of the State Budget of Ukraine shall be made public.
Article 96
The State Budget of Ukraine
is annually approved by the Verkhovna Rada of Ukraine for the period from 1
January to 31 December, and under special circumstances for a different period.
The Cabinet of Ministers of
Ukraine submits the draft law on the State Budget of Ukraine for the following
year to the Verkhovna Rada of Ukraine no later than on 15
September of each year. The report on the course of the implementation of the
State Budget of Ukraine in the current year is submitted together with the
draft law.
Article 97
The Cabinet of Ministers of
Ukraine submits the report on the implementation of the State Budget of Ukraine
to the Verkhovna Rada of Ukraine in accordance with the law.
The submitted report shall be
made public.
Article 98
The Chamber of Accounting
shall, on behalf of the Verkhovna Rada of Ukraine, exercise control over State
Budget revenues and the use of State Budget funds.
Article 99
The monetary unit of Ukraine is the hryvnia.
To ensure the stability of
the monetary unit is the major function of the central bank of the State — the
National Bank of Ukraine.
Article 100
The Council of the National
Bank of Ukraine elaborates the basic
principles of monetary and credit policy and exercises control over its
execution.
The legal status of the
Council of the National Bank of Ukraine is determined by law.
Article 101
The Authorised Human Rights
Representative of the Verkhovna Rada of Ukraine exercises parliamentary
control over the observance of constitutional human and citizens' rights and
freedoms.
Chapter V
President of Ukraine
Article 102
The President of Ukraine is
the Head of State and acts in its name.
The President of Ukraine is
the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the
Constitution of Ukraine and human and citizens' rights and freedoms.
Article 103
The President of Ukraine is
elected by the citizens of Ukraine for a five-year term, on the
basis of universal, equal and direct suffrage, by secret ballot.
A citizen of Ukraine who has
attained the age of thirty-five, has the right to vote, has resided in Ukraine
for the past ten years prior to the day of elections, and has command of the
state language, may be elected as the President of Ukraine.
One and the same person shall
not be the President of Ukraine for more than two consecutive terms.
The President of Ukraine
shall not have another representative mandate, hold office in bodies of state
power or in associations of citizens, and also perform any other paid or
entrepreneurial activity, or be a member of an administrative body or board of
supervisors of an enterprise that is aimed at making profit.
Regular elections of the
President of Ukraine are held on the last Sunday of the last month of the fifth
year of the term of authority of the President of Ukraine. In the event of
pre-term termination of authority of the President of Ukraine, elections of t
he President of Ukraine are held within ninety days from the day of termination
of the authority.
The procedure for conducting
elections of the President of Ukraine is established by law.
Article 104
The newly-elected President
of Ukraine assumes office no later than in thirty days after the official
announcement of the election results, from the moment of taking the oath to the
people at a ceremonial meeting of the Verkhovna Rada of Ukraine.
The Chairperson of the
Constitutional Court of Ukraine administers the oath to the President of Ukraine.
The President of Ukraine
takes the following oath:
"I, (name and surname),
elected by the will of the people as the President of Ukraine, assuming this
high office, do solemnly swear allegiance to Ukraine. I pledge with all my
undertakings to protect the sovereignty and independence of Ukraine, to provide
for the good of the Motherland and the welfare of the Ukrainian people, to
protect the rights and freedoms of citizens, to abide by the Constitution of
Ukraine and the laws of Ukraine, to exercise my duties in the interests of all
compatriots, and t o enhance the prestige of Ukraine in the world."
The President of Ukraine,
elected by special elections, takes the oath within five days after the
official announcement of the election results.
Article 105
The President of Ukraine
enjoys the right of immunity during the term of authority.
Persons guilty of offending
the honour and dignity of the President of Ukraine are brought to
responsibility on the basis of the law.
The title of President of
Ukraine is protected by law and is reserved for the President for life, unless
the President of Ukraine has been removed from office by the procedure of
impeachment.
Article 106
The President of Ukraine:
1) ensures state
independence, national security and the legal succession of the state;
2) addresses the people with
messages and the Verkhovna Rada of Ukraine with annual and special
messages on the domestic and foreign situation of Ukraine;
3) represents the state in
international relations, administers the foreign political activity of the
State, conducts negotiations and concludes international treaties of Ukraine;
4) adopts decisions on the
recognition of foreign states;
5) appoints and dismisses
heads of diplomatic missions of Ukraine to other states and to
international organisations; accepts credentials and letters of recall of
diplomatic representatives of foreign states;
6) designates an
All-Ukrainian referendum regarding amendments to the Constitution of Ukraine in
accordance with Article 156 of this Constitution, proclaims an All-Ukrainian
referendum on popular initiative;
7) designates special
elections to the Verkhovna Rada of Ukraine within the terms established
by this Constitution;
8) terminates the authority
of the Verkhovna Rada of Ukraine in cases specified by this
Constitution;
9) puts forward, upon the
proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine
as provided for by Article 83 of the Constitution of Ukraine, the submission on
the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of
Ukraine, no later than fifteen days after the receipt of such a proposal;
10) puts forward to the
Verkhovna Rada of Ukraine the submission on the
appointment of the Minister of Defence of Ukraine and the Minister of Foreign
Affairs of Ukraine;
11) appoints to office and
dismisses from office the Prosecutor General of Ukraine, with the consent of the
Verkhovna Rada of Ukraine;
12) appoints and dismisses one-half
of the composition of the Council of the National Bank of Ukraine;
13) appoints and dismisses one-half
of the composition of the National Council of Ukraine on Television and Radio
Broadcasting;
14) puts forward to the
Verkhovna Rada of Ukraine the submission on the
appointment to office and dismissal from office of the Head of the Security
Service of Ukraine;
15) suspends the operation of
acts by the Cabinet of Ministers of Ukraine on grounds of their inconsistency
with this Constitution and challenges concurrently the constitutionality of
such acts before the Constitutional Court of Ukraine;
16) revokes acts of the
Council of Ministers of the Autonomous Republic of Crimea;
17) is the Commander-in-Chief
of the Armed Forces of Ukraine; appoints to office and dismisses from office
the high command of the Armed Forces of Ukraine and other military formations;
administers in the spheres of national security and defence of the State;
18) heads the Council of
National Security and Defence of Ukraine;
19) puts forward to the Verkhovna
Rada of Ukraine the submission on the declaration of a state of war, and, in case
of armed aggression against Ukraine, adopts a decision on the use of the Armed
Forces of Ukraine and other military formations established in accordance with
laws of Ukraine;
20) adopts a decision in
accordance with the law on the general or partial mobilisation and the
introduction of martial law in Ukraine or in its particular areas,
in the event of a threat of aggression, danger to the state independence of Ukraine;
21) adopts a decision, in the
event of necessity, on the introduction of a state of emergency in Ukraine or
in its particular areas, and also in the event of necessity, declares certain
areas of Ukraine as zones of an ecological emergency situation — with
subsequent confirmation of these decisions by the Verkhovna Rada of Ukraine;
22) appoints and dismisses one-third
of the composition to the Constitutional Court of Ukraine;
23) establishes courts by the
procedure determined by law;
24) confers high military
ranks, high diplomatic and other high special ranks and class orders;
25) confers state awards;
establishes presidential distinctions and confers them;
26) adopts decisions on the
acceptance for citizenship of Ukraine and the termination of
citizenship of Ukraine, and on the granting of
asylum in Ukraine;
27) grants pardons;
28) creates, within the
limits of the funds envisaged in the State Budget of Ukraine, consultative,
advisory and other subsidiary bodies and services for the exercise of his or
her authority;
29) signs laws adopted by the
Verkhovna Rada of Ukraine;
30) has the right to veto
laws adopted by the Verkhovna Rada of Ukraine (except for laws on
amendments 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.
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 5,
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.
Article 107
The Council of National
Security and Defence of Ukraine is the co-ordinating body to the President of
Ukraine on issues of national security and defence.
The Council of National
Security and Defence of Ukraine co-ordinates and controls the activity of
bodies of executive power in the sphere of national security and defence.
The President of Ukraine is
the Chairperson of the Council of National Security and Defence of Ukraine.
The President of Ukraine
forms the personal composition of the Council of National Security and Defence
of Ukraine.
The Prime Minister of
Ukraine, the Minister of Defence of Ukraine, the Head of the Security Service
of Ukraine, the Minister of Internal Affairs of Ukraine and the Minister of
Foreign Affairs of Ukraine, are ex officio members of the Council of Nation al
Security and Defence of Ukraine.
The Chairperson of the
Verkhovna Rada of Ukraine may take part in the
meetings of the Council of National Security and Defence of Ukraine.
Decisions of the Council of
National Security and Defence of Ukraine are put into effect by decrees of the
President of Ukraine.
The competence and functions
of the Council of National Security and Defence of Ukraine are determined by
law.
Article 108
The President of Ukraine
exercises his or her powers until the assumption of office by the newly-elected
President of Ukraine.
The powers of the President
of Ukraine terminate prior to the expiration of term in cases of:
1) resignation;
2) inability to exercise his
or her powers for reasons of health;
3) removal from office by the
procedure of impeachment;
4) death.
Article 109
The resignation of the
President of Ukraine enters into force from the moment he or she personally
announces the statement of resignation at a meeting of the Verkhovna Rada of Ukraine.
Article 110
The inability of the
President of Ukraine to exercise his or her powers for reasons of health shall
be determined at a meeting of the Verkhovna Rada of Ukraine and confirmed by a
decision adopted by the majority of its constitutional composition on the basis
of a petition of the Supreme Court of Ukraine – on the appeal of the Verkhovna
Rada of Ukraine, and a medical opinion.
Article 111
The President of Ukraine may
be removed from office by the Verkhovna Rada of Ukraine by the procedure of
impeachment, in the event that he or she commits state treason or other crime.
The issue of the removal of
the President of Ukraine from office by the procedure of impeachment is
initiated by the majority of the constitutional composition of the Verkhovna
Rada of Ukraine.
To conduct the investigation,
the Verkhovna Rada of Ukraine establishes a special
temporary investigatory commission whose composition includes a special Prosecutor
and special investigators.
The conclusions and proposals
of the temporary investigatory commission are considered at a meeting of the
Verkhovna Rada of Ukraine.
For cause, the Verkhovna Rada
of Ukraine, by no less than two-thirds
of its constitutional composition, adopts a decision on the accusation of the
President of Ukraine.
The decision on the removal
of the President of Ukraine from office by the procedure of impeachment is
adopted by the Verkhovna Rada of Ukraine by no less than three-quarters of its
constitutional composition, after the review of the case by the Constitutional
Court of Ukraine and the receipt of its opinion on the observance of the
constitutional procedure of investigation and consideration of the case of
impeachment, and the receipt of the opinion of the Supreme Court of Ukraine to
the effect that the acts, of which the President of Ukraine is accused, contain
elements of state treason or other crime.
Article 112
In the event of the pre-term
termination of authority of the President of Ukraine in accordance with
Articles 108, 109, 110 and 111 of this Constitution, the execution of duties of
the President of Ukraine, for the period pending the elections and the
assumption of office of the new President of Ukraine, shall be vested in the Chairperson
of the Verkhovna Rada of Ukraine. The Chairperson of the Verkhovna Rada of Ukraine, for the period of executing
the duties of the President of Ukraine, shall not exercise the powers envisaged
by subparagraphs 2, 6-8, 10-13, 22, 24, 25, 27 and 28 of Article 106 of the
Constitution of Ukraine.
Chapter VI
Cabinet of Ministers
of Ukraine. Other Bodies of
Executive Power
Article 113
The Cabinet of Ministers of
Ukraine is the highest authority 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 as well as under the control
of and accountable to the Verkhovna Rada of Ukraine within the limits provided
for by this Constitution of Ukraine.
The Cabinet of Ministers of
Ukraine is guided in its activity by this Constitution and the laws of Ukraine and also by decrees made by
the President of Ukraine and resolutions made by of the Verkhovna Rada of Ukraine in accordance with the
Constitution and the laws of Ukraine.
Article 114
The Cabinet of Ministers of
Ukraine is composed of the Prime Minister of Ukraine, the First Vice Prime
Minister, Vice Prime Ministers and Ministers.
The Prime Minister of Ukraine is
appointed by the Verkhovna Rada of Ukraine upon the submission by the President of Ukraine.
The name of a candidate for
the office of the Prime Minister of Ukraine is put forward by the President of
Ukraine upon the proposal by the parliamentary coalition formed in the
Verkhovna Rada of Ukraine as provided for in Article 83 of the Constitution of
Ukraine or by a parliamentary faction whose People’s Deputies of Ukraine make
up a majority of the constitutional membership of the Verkhovna Rada of
Ukraine.
The Minister of Defence of Ukraine and
the Minister of Foreign Affairs of Ukraine are appointed by the Verkhovna Rada
of Ukraine upon the submission by the President of Ukraine; the other
members of the Cabinet of Ministers of Ukraine are appointed by the Verkhovna
Rada of Ukraine upon the submission by the Prime Minister of Ukraine.
The Prime Minister of Ukraine
manages the work of the Cabinet of Ministers of Ukraine and directs it for the
implementation of the Programme of Activity of the Cabinet of Ministers of
Ukraine adopted by the Verkhovna Rada of Ukraine.
Article 115
The Cabinet of Ministers of
Ukraine divests itself of its powers before 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 or the adoption by the Verkhovna Rada of Ukraine of a resolution of no confidence in the Cabinet of Ministers of
Ukraine shall result in the resignation of the entire Cabinet of Ministers of
Ukraine. In such cases, the Verkhovna Rada of Ukraine shall form a new Cabinet of Ministers of Ukraine within the terms
and under the procedure provided for by this Constitution.
The Cabinet of Ministers of Ukraine
that has divested itself of its powers before the newly elected Verkhovna Rada of Ukraine or whose resignation has been accepted
by the Verkhovna Rada of Ukraine shall continue to exercise its powers until
the newly formed Cabinet of Ministers of Ukraine starts its work.
Article 116
The Cabinet of Ministers of Ukraine:
1) ensures the state sovereignty
and economic independence of Ukraine, the implementation of domestic and
foreign policy of the State, the execution of the Constitution and the laws of
Ukraine, and the acts of the President of Ukraine;
2) takes measures to ensure
human and citizens' rights and freedoms;
3) ensures the implementation
of financial, pricing, investment and taxation policy; the policy in the
spheres of labour and employment of the population, social security, education,
science and culture, environmental protection, ecological safety and the
utilisation of nature;
4) elaborates and implements
national programmes of economic, scientific and technical, and social and
cultural development of Ukraine;
5) ensures equal conditions
of development of all forms of ownership; administers the management of objects
of state property in accordance with the law;
6) elaborates the draft law
on the State Budget of Ukraine and ensures the implementation of the State
Budget of Ukraine approved by the Verkhovna Rada of Ukraine, and submits a report on its
implementation to the Verkhovna Rada of Ukraine;
7) takes measures to ensure
the defence capability and national security of Ukraine, public order and to combat
crime;
8) organises and ensures the
implementation of the foreign economic activity of Ukraine, and the operation of
customs;
9) directs and co-ordinates
the operation of ministries and other bodies of executive power;
(91) sets up,
re-organises, and liquidates, in accordance with law, ministries and other central
bodies of executive power, acting therewith within the limits of funds
allocated for the maintenance of bodies of executive power;
(92) appoints to
office and dismisses from office, upon the submission by the Prime Minister of
Ukraine, the heads of central bodies of executive power who are not members of
the Cabinet of Ministers of Ukraine;
10) exercises other powers determined
by the Constitution and the laws of Ukraine.
Article 117
The Cabinet of Ministers of
Ukraine, within the limits of its competence, issues resolutions and orders
that are mandatory for execution.
Acts of the Cabinet of
Ministers of Ukraine are signed by the Prime Minister of Ukraine.
Normative legal acts of the
Cabinet of Ministers of Ukraine, ministries and other central bodies of
executive power, are subject to registration through the procedure established
by law.
Article 118
The executive power in
oblasts, districts, and in the Cities of Kyiv and Sevastopol is exercised by local state
administrations.
Particular aspects of the
exercise of executive power in the Cities of Kyiv and Sevastopol are determined by special
laws of Ukraine.
The composition of local
state administrations is formed by heads of local state administrations.
Heads of local state
administrations are appointed to office and dismissed from office by the
President of Ukraine upon the submission of the Cabinet of Ministers of
Ukraine.
In the exercise of their
duties, the heads of local state administrations are responsible to the
President of Ukraine and to the Cabinet of Ministers of Ukraine, and are
accountable to and under the control of bodies of executive power of a higher
level.
Local state administrations
are accountable to and under the control of councils in the part of the
authority delegated to them by the respective district or oblast councils.
Local state administrations
are accountable to and under the control of the bodies of executive power of a
higher level.
Decisions of the heads of
local state administrations that contravene the Constitution and the laws of Ukraine, other acts of legislation
of Ukraine, may be revoked by the
President of Ukraine or by the head of the local state administration of a
higher level, in accordance with the law.
An oblast or district council
may express no confidence in the head of the respective local state
administration, on which grounds the President of Ukraine adopts a decision and
provides a substantiated reply.
If two-thirds of the deputies
of the composition of the respective council express no confidence in the head
of a district or oblast state administration, the President of Ukraine adopts a
decision on the resignation of the head of the local state administration.
Article 119
Local state administrations
on their respective territory ensure:
1) the execution of the
Constitution and the laws of Ukraine, acts of the President of
Ukraine, acts of the Cabinet of Ministers of Ukraine and other bodies of
executive power;
2) legality and legal order;
the observance of laws and freedoms of citizens;
3) the implementation of
national and regional programmes for socio-economic and cultural development,
programmes for environmental protection, and also — in places of compact
residence of indigenous peoples and national minorities — programmes for their
national and cultural development;
4) the preparation and
implementation of respective oblast and district budgets;
5) the report on the
implementation of respective budgets and programmes;
6) interaction with bodies of
local self-government;
7) the realisation of other
powers vested by the state and also delegated by the respective councils.
Article 120
Members of the Cabinet of
Ministers of Ukraine and heads of central and local bodies of executive power
do not have the right to combine their official activity with other work (except
for teaching, scientific and creative activity outside of working hours), or to
be members of a governing body or supervisory council of an enterprise or profit-seeking
organisation.
The organisation, authority
and operational procedure of the Cabinet of Ministers of Ukraine, and other
central and local bodies of executive power, are determined by the Constitution
and the laws of Ukraine.
Chapter VII
Prokuratura
Article 121
The Prokuratura of Ukraine
constitutes a unified system that is entrusted with:
(1) prosecution in court on
behalf of the State;
(2) representation of the
interests of a citizen or of the State in court in cases determined by law;
(3) supervision of the
observance of laws by bodies that conduct detective and search activity,
inquiry and pre-trial investigation;
(4) supervision of the
observance of laws in the execution of judicial decisions in criminal cases,
and also in the application of other measures of coercion related to the
restraint of personal liberty of citizens;
(5) supervision over the
respect for human and citizens’ rights and freedoms and over how laws governing
such issues are observed by bodies of executive power, bodies of local
self-government and by their officials and officers.
Article 122
The Prokuratura of Ukraine is
headed by the Prosecutor General of Ukraine, 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 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.
Article 123
The organisation and
operational procedure for the bodies of the Prokuratura of Ukraine are
determined by law.
Chapter VIII
Justice
Article 124
Justice in Ukraine is administered exclusively
by the courts. The delegation of the functions of the courts, and also the appropriation
of these functions by other bodies or officials, shall not be permitted.
The jurisdiction of the
courts extends to all legal relations that arise in the State.
Judicial proceedings are
performed by the Constitutional Court of Ukraine and courts of general
jurisdiction.
The people directly
participate in the administration of justice through people's assessors and
jurors.
Judicial decisions are
adopted by the courts in the name of Ukraine and are mandatory for
execution throughout the entire territory of Ukraine.
Article 125
In Ukraine, the system of courts of
general jurisdiction is formed in accordance with the territorial principle and
the principle of specialisation.
The Supreme Court of Ukraine
is highest judicial body in the system of courts of general jurisdiction.
The respective high courts
are the highest judicial bodies of specialised courts.
Courts of appeal and local
courts operate in accordance with the law.
The creation of extraordinary
and special courts shall not be permitted.
Article 126
The independence and immunity
of judges are guaranteed by the Constitution and the laws of Ukraine.
Influencing judges in any
manner is prohibited.
A judge shall not be detained
or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty
is rendered by a court.
Judges hold office for
permanent terms, except judges of the Constitutional Court of Ukraine, and
judges appointed to the office of judge for the first time.
A judge is dismissed from
office by the body that elected or appointed him or her in the event of:
1) the expiration of the term
for which he or she was elected or appointed;
2) the judge's attainment of
the age of sixty-five;
3) the impossibility to
exercise his or her authority for reasons of health;
4) the violation by the judge
of requirements concerning incompatibility;
5) the breach of oath by the
judge;
6) the entry into legal force
of a verdict of guilty against him or her;
7) the termination of his or
her citizenship;
8) the declaration that he or
she is missing, or the pronouncement that he or she is dead;
9) the submission by the
judge of a statement of resignation or of voluntary dismissal from office.
The authority of the judge
terminates in the event of his or her death.
The State ensures the
personal security of judges and their families.
Article 127
Justice is administered by
professional judges and, in cases determined by law, people's assessors and
jurors.
Professional judges shall not
belong to political parties and trade unions, take part in any political
activity, hold a representative mandate, occupy any other paid positions,
perform other remunerated work except scholarly, teaching and creative
activity.
A citizen of Ukraine, not
younger than the age of twenty-five, who has a higher legal education and has
work experience in the sphere of law for no less than three years, has resided
in Ukraine for no less than ten years and has command of the state language,
may be recommended for the office of judge by the Qualification Commission of
Judges.
Persons with professional
training in issues of jurisdiction of specialised courts may be judges of these
courts. These judges administer justice only as members of a collegium of
judges.
Additional requirements for
certain categories of judges in terms of experience, age and their professional
level are established by law.
Protection of the
professional interests of judges is exercised by the procedure established by
law.
Article 128
The first appointment of a
professional judge to office for a five-year term is made by the President of
Ukraine. All other judges, except the judges of the Constitutional Court of
Ukraine, are elected by the Verkhovna Rada of Ukraine for permanent terms by the
procedure established by law.
The Chairperson of the
Supreme Court of Ukraine is elected to office and dismissed from office by the
Plenary Assembly of the Supreme Court of Ukraine by secret ballot, by the
procedure established by law.
Article 129
In the administration of
justice, judges are independent and subject only to the law.
Judicial proceedings are
conducted by a single judge, by a panel of judges, or by a court of the jury.
The main principles of
judicial proceedings are:
1) legality;
2) equality before the law
and the court of all participants in a trial;
3) ensuring that the guilt is
proved;
4) adversarial procedure and
freedom of the parties to present their evidence to the court and to prove the
weight of evidence before the court;
5) prosecution by the Prosecutor
in court on behalf of the State;
6) ensuring the right of an
accused person to a defence;
7) openness of a trial and
its complete recording by technical means;
8) ensuring complaint of a
court decision by appeal and cassation, except in cases established by law;
9) the mandatory nature of
court decisions.
The law may also determine
other principles of judicial proceedings in courts of specific judicial
jurisdiction.
Persons guilty of contempt of
court or of showing disrespect toward the judge are brought to legal liability.
Article 130
The State ensures funding and
proper conditions for the operation of courts and the activity of judges.
Expenditures for the maintenance of courts are allocated separately in the
State Budget of Ukraine.
Judges' self-management
operates to resolve issues of the internal affairs of courts.
Article 131
The High Council of Justice
operates in Ukraine, whose competence comprises:
1) forwarding submissions on
the appointment of judges to office or on their dismissal from office;
2) adopting decisions in
regard to the violation by judges and Prosecutors of the requirements
concerning incompatibility;
3) exercising disciplinary
procedure in regard to judges of the Supreme Court of Ukraine and judges of
high specialised courts, and the consideration of complaints regarding
decisions on bringing to disciplinary liability judges of courts of appeal an d
local courts, and also Prosecutors.
The High Council of Justice
consists of twenty members. The Verkhovna Rada of Ukraine, the President of
Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of
Ukraine, and the Congress of Representatives of Higher Legal Educational
Establishments and Scientific Institutions, each appoint three members to the
High Council of Justice, and the All-Ukrainian Conference of Employees of the Prokuratura
— two members of the High Council of Justice.
The Chairperson of the
Supreme Court of Ukraine, the Minister of Justice of Ukraine and the Prosecutor
General of Ukraine are ex officio members of
the High Council of Justice.
Chapter IX
Territorial Structure
of Ukraine
Article 132
The territorial structure of Ukraine is based on the principles
of unity and indivisibility of the state territory, the combination of
centralisation and decentralisation in the exercise of state power, and the
balanced socio-economic development of regions that takes into account their
historical, economic, ecological, geographical and demographic characteristics,
and ethnic and cultural traditions.
Article 133
The system of the
administrative and territorial structure of Ukraine is composed of the
Autonomous Republic of Crimea, oblasts, districts, cities, city districts,
settlements and villages.
Ukraine is composed of the
Autonomous Republic of Crimea, Vinnytsia Oblast, Volyn Oblast, Dnipropetrovsk
Oblast, Donetsk Oblast, Zhytomyr Oblast, Zakarpattia Oblast, Zaporizhia Oblast,
Ivano-Frankivsk Oblast, Kyiv Oblast, Kirovohrad Oblast, Luhansk Ob last, Lviv
Oblast, Mykolaiv Oblast, Odesa Oblast, Poltava Oblast, Rivne Oblast, Sumy
Oblast, Ternopil Oblast, Kharkiv Oblast, Kherson Oblast, Khmelnytskyi Oblast,
Cherkasy Oblast, Chernivtsi Oblast and Chernihiv Oblast, and the Cities of Kyiv
and Sevastopol.
The Cities of Kyiv and Sevastopol have special status that is
determined by the laws of Ukraine.
Chapter X
Autonomous Republic of Crimea
Article 134
The Autonomous Republic of
Crimea is an inseparable constituent part of Ukraine and decides on the issues
ascribed to its competence within the limits of authority determined by the
Constitution of Ukraine.
Article 135
The Autonomous Republic of
Crimea has the Constitution of the Autonomous Republic of Crimea that is
adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved
by the Verkhovna Rada of Ukraine by no less than one-half of
the constitutional composition of the Verkhovna Rada of Ukraine.
Normative legal acts of the
Verkhovna Rada of the Autonomous Republic of Crimea and decisions of the
Council of Ministers of the Autonomous Republic of Crimea shall not contradict
the Constitution and the laws of Ukraine and are adopted in accordance with the
Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine
and the Cabinet of Ministers of Ukraine, and for their execution.
Article 136
The Verkhovna Rada of the
Autonomous Republic of Crimea, within the limits of its authority, is the
representative body of the Autonomous Republic of Crimea.
The Verkhovna Rada of the
Autonomous Republic of Crimea adopts decisions and resolutions that are
mandatory for execution in the Autonomous Republic of Crimea.
The Council of Ministers of
the Autonomous Republic of Crimea is the government of the Autonomous Republic
of Crimea. The Head of the Council of Ministers of the Autonomous Republic of
Crimea is appointed to office and dismissed from office by the Verkhovna Rada
of the Autonomous Republic of Crimea with the consent of the President of
Ukraine.
The authority, the procedure
for the formation and operation of the Verkhovna Rada of the Autonomous
Republic of Crimea and of the Council of Ministers of the Autonomous Republic
of Crimea, are determined by the Constitution of Ukraine and the laws of Ukraine,
and by normative legal acts of the Verkhovna Rada of the Autonomous Republic of
Crimea on issues ascribed to its competence.
In the Autonomous Republic
of Crimea, justice is administered by courts that belong to the unified system
of courts of Ukraine.
Article 137
The Autonomous Republic of
Crimea exercises normative regulation on the following issues:
1) agriculture and forestry;
2) land reclamation and
mining;
3) public works, crafts and
trades; charity;
4) city construction and
housing management;
5) tourism, hotel business,
fairs;
6) museums, libraries,
theatres, other cultural establishments, historical and cultural preserves;
7) public transportation,
roadways, water supply;
8) hunting and fishing;
9) sanitary and hospital
services.
For reasons of nonconformity
of normative legal acts of the Verkhovna Rada of the Autonomous Republic of
Crimea with the Constitution of Ukraine and the laws of Ukraine, the President
of Ukraine may suspend these normative legal acts of the Verkhovna Rada of the
Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional
Court of Ukraine in regard to their constitutionality.
Article 138
The competence of the
Autonomous Republic of Crimea comprises:
1) designating elections of
deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, approving
the composition of the electoral commission of the Autonomous Republic of
Crimea;
2) organising and conducting
local referendums;
3) managing property that
belongs to the Autonomous Republic of Crimea;
4) elaborating, approving
and implementing the budget of the Autonomous Republic of Crimea on the basis
of the uniform tax and budget policy of Ukraine;
5) elaborating, approving
and realising programmes of the Autonomous Republic of Crimea for
socio-economic and cultural development, the rational utilisation of nature,
and environmental protection in accordance with national programmes;
6) recognising the status of
localities as resorts; establishing zones for the sanitary protection of
resorts;
7) participating in ensuring
the rights and freedoms of citizens, national harmony, the promotion of the
protection of legal order and public security;
8) ensuring the operation
and development of the state language and national languages and cultures in
the Autonomous Republic of Crimea; protection and use of historical monuments;
9) participating in the
development and realisation of state programmes for the return of deported
peoples;
10) initiating the
introduction of a state of emergency and the establishment of zones of an
ecological emergency situation in the Autonomous Republic of Crimea or in its
particular areas.
Other powers may also be
delegated to the Autonomous Republic of Crimea by the laws of Ukraine.
Article 139
The Representative Office of
the President of Ukraine, whose status is determined by the law of Ukraine, operates in the Autonomous
Republic of Crimea.
Chapter XI
Local
Self-Government
Article 140
Local self-government is the
right of a territorial community — residents of a village or a voluntary
association of residents of several villages into one village community,
residents of a settlement, and of a city — to independently resolve issues o f
local character within the limits of the Constitution and the laws of Ukraine.
Particular aspects of the
exercise of local self-government in the Cities of Kyiv and Sevastopol are determined by special
laws of Ukraine.
Local self-government is
exercised by a territorial community by the procedure established by law, both
directly and through bodies of local self-government: village, settlement and
city councils, and their executive bodies.
District and oblast councils
are bodies of local self-government that represent the common interests of
territorial communities of villages, settlements and cities.
The issue of organisation of
the administration of city districts lies within the competence of city
councils.
Village, settlement and city
councils may permit, upon the initiative of residents, the creation of house,
street, block and other bodies of popular self-organisation, and to assign them
part of their own competence, finances and property.
Article 141
A village, settlement, city,
district and oblast council is composed of deputies elected for a five-year
term by residents of a village, settlement, city, district and oblast on the
basis of universal, equal and direct suffrage, by secret ballot.
Territorial communities
elect for a four-year-term on the basis of universal, equal and direct
suffrage, by secret ballot, the head of the village, settlement and city,
respectively, who leads the executive body of the council and presides at its
meetings.
The status of heads,
deputies and executive bodies of a council and their authority, the procedure
for their establishment, reorganisation and liquidation, are determined by law.
The chairperson of a
district council and the chairperson of an oblast council are elected by the
respective council and lead the executive staff of the council.
Article 142
The material and financial
basis for local self-government is movable and immovable property, revenues of
local budgets, other funds, land, natural resources owned by territorial
communities of villages, settlements, cities, city districts, and also objects
of their common property that are managed by district and oblast councils.
On the basis of agreement,
territorial communities of villages, settlements and cities may join objects of
communal property as well as budget funds, to implement joint projects or to
jointly finance (maintain) communal enterprises, organisations and
establishments, and create appropriate bodies and services for this purpose.
The State participates in
the formation of revenues of the budget of local self-government and
financially supports local self-government. Expenditures of bodies of local
self-government, that arise from the decisions of bodies of state power, are
compensated by the state.
Article 143
Territorial communities of a
village, settlement and city, directly or through the bodies of local
self-government established by them, manage the property that is in communal
ownership; approve programmes of socio-economic and cultural development, and
control their implementation; approve budgets of the respective administrative
and territorial units, and control their implementation; establish local taxes
and levies in accordance with the law; ensure the holding of local referendums
and the implementation of their results; establish, reorganise and liquidate
communal enterprises, organisations and institutions, and also exercise control
over their activity; resolve other issues of local importance ascribed to their
competence by law.
Oblast and district councils
approve programmes for socio-economic and cultural development of the
respective oblasts and districts, and control their implementation; approve
district and oblast budgets that are formed from the funds of the state budget
for their appropriate distribution among territorial communities or for the
implementation of joint projects, and from the funds drawn on the basis of
agreement from local budgets for the realisation of joint socio-economic and
cultural programmes, and control their implementation; resolve other issues
ascribed to their competence by law.
Certain powers of bodies of
executive power may be assigned by law to bodies of local self-government. The
State finances the exercise of these powers from the State Budget of Ukraine in
full or through the allocation of certain national taxes to the local budget,
by the procedure established by law, transfers the relevant objects of state
property to bodies of local self-government.
Bodies of local
self-government, on issues of their exercise of powers of bodies of executive
power, are under the control of the respective bodies of executive power.
Article 144
Bodies of local
self-government, within the limits of authority determined by law, adopt
decisions that are mandatory for execution throughout the respective territory.
Decisions of bodies of local
self-government, for reasons of nonconformity with the Constitution or the laws
of Ukraine, are suspended by the
procedure established by law with a simultaneous appeal to a court.
Article 145
The rights of local
self-government are protected by judicial procedure.
Article 146
Other issues of the
organisation of local self-government, the formation, operation and
responsibility of the bodies of local self-government, are determined by law.
Chapter XII
Constitutional Court
of Ukraine
Article 147
The Constitutional Court of
Ukraine is the sole body of constitutional jurisdiction in Ukraine.
The Constitutional Court of
Ukraine decides on issues of conformity of laws and other legal acts with the
Constitution of Ukraine and provides the official interpretation of the
Constitution of Ukraine and the laws of Ukraine.
Article 148
The Constitutional Court of
Ukraine is composed of eighteen judges of the Constitutional Court of Ukraine.
The President of Ukraine,
the Verkhovna Rada of Ukraine and the Congress of Judges
of Ukraine each appoint six judges to the Constitutional Court of Ukraine.
A citizen of Ukraine who has attained the age of
forty on the day of appointment, has a higher legal education and professional
experience of no less than ten years, has resided in Ukraine for the last twenty years,
and has command of the state language, may be a judge of the Constitutional
Court of Ukraine.
A judge of the
Constitutional Court of Ukraine is appointed for nine years without the right
of appointment to a repeat term.
The Chairperson of the
Constitutional Court of Ukraine is elected by secret ballot only for one
three-year term at a special plenary meeting of the Constitutional Court of
Ukraine from among the judges of the Constitutional Court of Ukraine.
Article 149
Judges of the Constitutional
Court of Ukraine are subject to the guarantees of independence and immunity and
to the grounds for dismissal from office envisaged by Article 126 of this
Constitution, and the requirements concerning incompatibility as determined in
Article 127, paragraph two of this Constitution.
Article 150
The authority of the
Constitutional Court of Ukraine comprises:
1) deciding on issues of
conformity with the Constitution of Ukraine (constitutionality) of the
following:
laws and other legal acts of
the Verkhovna Rada of Ukraine;
acts of the President of
Ukraine;
acts of the Cabinet of
Ministers of Ukraine;
legal acts of the Verkhovna
Rada of the Autonomous Republic of Crimea.
These issues are considered
on the appeals of: the President of Ukraine; no less than forty-five People’s
Deputies of Ukraine; the Supreme Court of Ukraine; the Authorised Human Rights
Representative of the Verkhovna Rada of Ukraine; the Verkhovna Rada of the
Autonomous Republic of Crimea;
2) the official
interpretation of the Constitution of Ukraine and the laws of Ukraine;
On issues envisaged by this
Article, the Constitutional Court of Ukraine adopts decisions that are
mandatory for execution throughout the territory of Ukraine, that are final and shall
not be appealed.
Article 151
The Constitutional Court of
Ukraine, on the appeal of the President of Ukraine or the Cabinet of Ministers
of Ukraine, provides opinions on the conformity with the Constitution of
Ukraine of international treaties of Ukraine that are in force, or the
international treaties submitted to the Verkhovna Rada of Ukraine for granting agreement on
their binding nature.
On the appeal of the
Verkhovna Rada of Ukraine, the Constitutional Court
of Ukraine provides an opinion on the observance of the constitutional
procedure of investigation and consideration of the case of removing the
President of Ukraine from office b y the procedure of impeachment.
Article 152
Laws and other legal acts,
by the decision of the Constitutional Court of Ukraine, are deemed to be
unconstitutional, in whole or in part, in the event that they do not conform to
the Constitution of Ukraine, or if there was a violation of the procedure established
by the Constitution of Ukraine for their review, adoption or their entry into
force.
Laws and other legal acts,
or their separate provisions, that are deemed to be unconstitutional, lose
legal force from the day the Constitutional Court of Ukraine adopts the
decision on their unconstitutionality.
Material or moral damages,
inflicted on physical and legal persons by the acts or actions deemed to be
unconstitutional, are compensated by the State by the procedure established by
law.
Article 153
The procedure for the
organisation and operation of the Constitutional Court of Ukraine, and the
procedure for its review of cases, are determined by law.
Chapter XIII
Introducing
Amendments to the Constitution of Ukraine
Article 154
A draft law on introducing
amendments to the Constitution of Ukraine may be submitted to the Verkhovna
Rada of Ukraine by the President of
Ukraine, or by no fewer People’s Deputies of Ukraine than one-third of the
constitutional composition of the Verkhovna Rada of Ukraine.
Article 155
A draft law on introducing
amendments to the Constitution of Ukraine, with the exception of Chapter I —
"General Principles," Chapter III — "Elections.
Referendum," and Chapter XIII — "Introducing Amendments to the
Constitution of Ukraine," previously adopted by the majority of the
constitutional composition of the Verkhovna Rada of Ukraine, is deemed to be
adopted, if at the next regular session of the Verkhovna Rada of Ukraine, no
less than two-thirds of the constitutional composition of the Verkhovna Rada of
Ukraine have voted in favour thereof.
Article 156
A draft law on introducing
amendments to Chapter I — "General Principles," Chapter III —
"Elections. Referendum," and Chapter XIII — "Introducing
Amendments to the Constitution of Ukraine," is submitted to the Verkhovna
Rada of Ukraine by the President of Ukraine, or by no less than two-thirds of
the constitutional composition of the Verkhovna Rada of Ukraine, and on the
condition that it is adopted by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine, and is approved by an
All-Ukrainian referendum designated by the President of Ukraine.
The repeat submission of a
draft law on introducing amendments to Chapters I, III and XIII of this Constitution
on one and the same issue is possible only to the Verkhovna Rada of Ukraine of the next convocation.
Article 157
The Constitution of Ukraine
shall not be amended, if the amendments foresee the abolition or restriction of
human and citizens' rights and freedoms, or if they are oriented toward the
liquidation of the independence or violation of the territorial indivisibility
of Ukraine.
The Constitution of Ukraine
shall not be amended in conditions of martial law or a state of emergency.
Article 158
The draft law on introducing
amendments to the Constitution of Ukraine, considered by the Verkhovna Rada of
Ukraine and not adopted, may be submitted to the Verkhovna Rada of Ukraine no
sooner than one year from the day of the adoption of the decision on this draft
law.
Within the term of its
authority, the Verkhovna Rada of Ukraine shall not amend twice the
same provisions of the Constitution.
Article 159
A draft law on introducing
amendments to the Constitution of Ukraine is considered by the Verkhovna Rada
of Ukraine upon the availability of an
opinion of the Constitutional Court of Ukraine on the conformity of the draft
law with the requirements of Articles 157 and 158 of this Constitution.
Chapter XIV
Final Provisions
Article 160
The Constitution of Ukraine
enters into force from the day of its adoption.
Article 161
The day of adoption of the
Constitution of Ukraine is a national holiday — the Day of the Constitution of
Ukraine.
Chapter XV
Transitional
Provisions
1. Laws and other normative
acts, adopted prior to this Constitution entering into force, are in force in
the part that does not contradict the Constitution of Ukraine.
2. After the adoption of the
Constitution of Ukraine, the Verkhovna Rada of Ukraine exercises the authority
envisaged by this Constitution.
Regular elections to the
Verkhovna Rada of Ukraine shall be held in March
1998.
3. Regular elections of the
President of Ukraine shall be held on the last Sunday of October 1999.
4. The President of Ukraine,
within three years after the Constitution of Ukraine enters into force, has the
right to issue decrees approved by the Cabinet of Ministers of Ukraine and
signed by the Prime-Minister of Ukraine on economic issues not regulated by
laws, with simultaneous submission of the respective draft law to the Verkhovna
Rada of Ukraine, by the procedure established by Article 93 of this
Constitution.
Such a decree of the
President of Ukraine takes effect, if within thirty calendar days from the day
of submission of the draft law (except the days between sessions), the
Verkhovna Rada of Ukraine does not adopt the law or does not reject the
submitted draft law by the majority of its constitutional composition, and is
effective until a law adopted by the Verkhovna Rada of Ukraine on these issues
enters into force.
5. The Cabinet of Ministers
of Ukraine is formed in accordance
with this Constitution within three months after its entry into force.
6. The Constitutional Court
of Ukraine is formed in accordance
with this Constitution, within three months after its entry into force. Prior
to the creation of the Constitutional Court of Ukraine, the interpretation of
laws is performed by the Verkhovna Rada of Ukraine.
7. Heads of local state
administrations, upon entry of this Constitution into force, acquire the status
of heads of local state administrations in accordance with Article 118 of this
Constitution, and after the election of chairpersons of the respective
councils, tender resignations from office of the chairpersons of these
councils.
8. Village, settlement and
city councils and the chairpersons of these councils, upon entry of this
Constitution of Ukraine into force, exercise the authority as determined by it,
until the election of the new composition of these councils in March 1998.
District and oblast
councils, elected prior to the entry of this Constitution into force, exercise
the authority as determined by it, until the formation of the new composition
of these councils in accordance with the Constitution of Ukraine.
City district councils and
their chairpersons, upon entry of this Constitution into force, exercise their
authority in accordance with the law.
9. The procuracy continues
to exercise, in accordance with the laws in force, the function of supervision
over the observance and application of laws and the function of preliminary
investigation, until the laws regulating the activity of state bodies in regard
to the control over the observance of laws are put into force, and until the
system of pre-trial investigation is formed and the laws regulating its
operation are put into effect.
10. Prior to the adoption of
laws determining the particular aspects of the exercise of executive power in
the Cities of Kyiv and Sevastopol in accordance with Article
118 of this Constitution, the executive power in these cities is exercised by
the respective city administrations.
11. Article 99, paragraph
one of this Constitution shall enter into force after the introduction of the
national monetary unit — the hryvnia.
12. The Supreme Court of Ukraine and the High Court of
Arbitration of Ukraine exercise their authority in
accordance with the legislation of Ukraine that is in force, until the
formation in Ukraine of a system of courts of
general jurisdiction, in accordance with Article 125 of this Constitution, but
for no more than five years.
Judges of all courts in Ukraine, elected or appointed prior
to the day of entry of this Constitution into force, continue to exercise their
authority in accordance with the legislation in force, until the expiration of
the term for which they were elected or appointed.
Judges whose authority has
terminated on the day this Constitution enters into force, continue to exercise
their authority for the period of one year.
13. The current procedure
for arrest, holding in custody and detention of persons suspected of committing
a crime, and also for the examination and search of a dwelling place or other
possessions of a person, is preserved for five years after this Constitution
enters into force.
14. The use of existing
military bases on the territory of Ukraine for the temporary
stationing of foreign military formations is possible on the terms of lease, by
the procedure determined by the international treaties of Ukraine ratified by the Verkhovna
Rada of Ukraine.
