CONSTITUTION OF UKRAINE

The Supreme Rada of Ukraine, on behalf of the Ukrainian people - citizens of Ukraine of all nationalities, expressing the sovereign will of the people, being grounded on the century-old history of Ukrainian state building and on the basis of the right to self-determination exercised by the Ukrainian nation, all Ukrainian people, desiring to secure human rights and freedoms and proper conditions of human life, promoting the strengthening of public accord on the land of Ukraine, striving to develop and strengthen democratic, social, legal state, acknowledging responsibility before God, personal conscience, past, present and future generations, being guided by the Act of Declaration of Independence of Ukraine of 24 August 1991, approved on 1 December 1991 by the nation-wide voting, adopts this Constitution - the Fundamental Law of Ukraine.

SECTION I

GENERAL PRINCIPLES

Article 1. Ukraine shall be a sovereign and independent, democratic, social, legal state.

Article 2. The sovereignty of Ukraine shall be in effect in its entire territory.

Ukraine shall be a unitary state.

The territory of Ukraine within the existing borders shall be indivisible and inviolable.

Article 3. Human life and health, honor and dignity, inviolability and security shall be recognized in Ukraine as the highest social value.

Human rights and freedoms as well as guarantees thereof shall determine the substance and direction of activity of the State. The State shall be responsible before the citizenry for its activity. The principal duty of the State shall be establishing and securing human rights and freedoms.

Article 4. There shall be single citizenship in Ukraine. Grounds for acquiring and terminating citizenship of Ukraine shall be determined by law.

Article 5. Ukraine shall be a republic.

The people shall be bearers of sovereignty and the only source of power in Ukraine. The people shall exercise power directly and through the bodies of state power and bodies of local self-government.

The right to determine and change Constitutional system in Ukraine shall be vested exclusively in the people and shall not be usurped by the state, bodies thereof or officials.

No person shall usurp state power.

Article 6. State power in Ukraine shall be exercised on the basis of its separation into legislative, executive and judicial power. Bodies of legislative, executive and judicial power shall exercise their powers within the limits set forth by this Constitution and in compliance with the laws of Ukraine.

Article 7. Local self-government shall be recognized and guaranteed in Ukraine.

Article 8. The principle of supremacy of law shall be recognized and applied in Ukraine.

The Constitution of Ukraine shall have the utmost legal force. Laws and other normative and legal acts shall be adopted on the basis of the Constitution of Ukraine and shall correspond to it. Norms of the Constitution of Ukraine shall be the norms of direct effect. Applying to court for protection of Constitutional human and civil rights and freedoms directly on the basis of the Constitution of Ukraine shall be guaranteed.

Article 9. Valid international treaties, agreement to binding character of which has been granted by the Supreme Rada of Ukraine, shall be part of the national legislation of Ukraine. The conclusion of international treaties which contradict the Constitution of Ukraine shall be possible only upon introduction of appropriate amendments to the Constitution of Ukraine.

Article 10. The Ukrainian language shall be the state language in Ukraine.

The State shall ensure the comprehensive development and use of the Ukrainian language in all domains of social life in the entire territory of Ukraine.

Free development, use and protection of the Russian language, other languages of national minorities of Ukraine shall be guaranteed in Ukraine.

The State shall assist in learning the languages of international communication.

The use of languages in Ukraine shall be guaranteed by the Constitution of Ukraine and determined by law.

Article 11. The state shall assist in consolidating and developing the Ukrainian nation, its history-oriented awareness, traditions and culture as well as developing ethnic, cultural, language and religious originality of all native peoples and national minorities of Ukraine.

Article 12. Ukraine shall seek to satisfy the national cultural and language needs of the Ukrainians living in other countries.

Article 13. Land, its mineral resources, air, water and other natural resources located within the territory of Ukraine, natural resources of its continental shelf, the exclusive (maritime) economic zone shall be the objects of the right of ownership of the Ukrainian people. Bodies of state power and bodies of local self-government shall exercise the rights of owner on behalf of the Ukrainian people within the limits determined by this Constitution. Every citizen shall have the right to use the natural objects of the right of ownership of the people in compliance with law. Property shall establish responsibility. Property shall not be used to the detriment of persons and society. The State shall ensure protection of rights of all subjects of the right of ownership and economic activity, as well as the social orientation of the economy. All subjects of the right of ownership shall be equal before the law.

Article 14. Land shall be the principal national wealth under special protection of the State.

The right of ownership of land shall be guaranteed. This right shall be acquired and exercised by individuals, legal entities and the State exclusively in compliance with law.

Article 15. Societal life in Ukraine shall be based upon the principles of political, economic and ideological diversity. No ideology shall be considered by the State as mandatory.

Censorship shall be prohibited.

The State shall guarantee freedom of political activity not prohibited by the Constitution and laws of Ukraine.

Article 16. Ensuring environmental security and maintaining environmental balance in the territory of Ukraine, overcoming consequences of the Chernobyl catastrophe - a worldwide catastrophe - preserving the gene pool of the Ukrainian people shall be the duties of the State.

Article 17. Protection of sovereignty and territorial integrity of Ukraine, ensuring its economic and information security shall be the most important functions of the State, concern of all Ukrainian people.

The Armed Forces of Ukraine shall defend Ukraine, protect its sovereignty, territorial integrity and inviolability. Corresponding military formations and law-enforcement bodies of the State, the organization and procedure of activity of which shall be determined by law, shall ensure state security and protect the state border of Ukraine.

No person shall use the Armed Forces of Ukraine and other military formations to restrict citizens' rights and freedoms or overthrow the constitutional system, eliminate bodies of power or hinder their activity.

The State shall ensure social protection of the citizens of Ukraine who serve in the Armed Forces of Ukraine and other military formations as well as members of their families. The setting up and operation of any armed formations which are not envisaged by law in the territory of Ukraine shall be prohibited. Establishing foreign military bases in the territory of Ukraine shall not be allowed.

Article 18. Foreign political activity of Ukraine shall be directed at ensuring its national interests and security by maintaining peaceful and mutually beneficial cooperation with members of the international community on the basis of generally accepted principles and rules of international law.

Article 19. Legal order in Ukraine shall be based on the principles pursuant to which no person can be forced to do what is not envisaged by legislation.

Bodies of state power and bodies of local self-government, officials thereof shall act only on the basis of and within the powers and in ways envisaged by the Constitution and laws of Ukraine.

Article 20. The state symbols of Ukraine shall be the State Flag of Ukraine, the State Emblem of Ukraine and the State Anthem of Ukraine.

The State Flag of Ukraine shall be a banner of two equal horizontal stripes of blue and yellow. The Great State Emblem of Ukraine shall be established in accordance with the Small State Emblem and the Emblem of Zaporiz'ke Viys'ko, and shall be adopted by not less than two-thirds of Constitutional members of the Supreme Rada of Ukraine.

The principal element of the Great State Emblem of Ukraine shall be the Sign of the State of Prince Volodymyr the Great (the Small State Emblem of Ukraine).

The State Anthem of Ukraine shall be a national anthem with the music by M. Verbytskiy and the words approved by law which shall be adopted by not less than two-thirds of Constitutional members of the Supreme Rada of Ukraine.

Description of the state symbols of Ukraine and procedure of using these shall be determined by the law which shall be adopted by not less than two-thirds of Constitutional members of the Supreme Rada of Ukraine.

The city of Kyiv shall be the capital of Ukraine.

SECTION II

HUMAN AND CIVIL RIGHTS, FREEDOMS AND DUTIES

Article 21. All people shall be free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable.

Article 22. Human and civil rights secured by this Constitution shall not be exhaustive. Constitutional rights and freedoms shall be guaranteed and shall not be abolished. During adoption of new laws or introduction of amendments to the laws currently in force, restriction of contents and scope of current rights and freedoms shall not be allowed.

Article 23. Every person shall have the right to freely develop his/her personality as long as the rights and freedoms of other persons are not violated, and shall have obligations to the society in which free and comprehensive development of his/her personality is ensured.

Article 24. Citizens shall have equal Constitutional rights and freedoms and shall be equal before law. There shall be no privileges or restrictions based on race, color, political, religious and other beliefs, sex, ethnic and social origin, property situation, place of residence, language or other features. Equal rights of women and men shall be secured by: granting women equal opportunities with men in public, political and cultural activity, obtaining education and professional training, labor and remuneration thereof; special measures concerning protection of labor and health care of women, establishing retirement privileges; creating conditions which will provide women with the possibility to combine work and maternity; legal protection, material and moral support of maternity and childhood, including granting paid leaves and other privileges to pregnant women and mothers.

Article 25. A citizen of Ukraine shall not be deprived of citizenship and the right to alter citizenship. A citizen of Ukraine shall not be expelled from Ukraine or extradited to another state. Ukraine shall guarantee protection of its citizens staying in other countries

Article 26. Foreigners and persons without citizenship staying in Ukraine on legal bases shall enjoy the rights and freedoms and have the duties which shall be equal to those of citizens of Ukraine, except in cases established by the Constitution, laws or international treaties of Ukraine.

Foreigners and persons without citizenship may be granted refuge in compliance with the procedure established by law.

Article 27. Every person shall have the inalienable right to live. No personal life shall be taken willfully. Protection of human life shall be the duty of the State. Every person shall have the right to protect his/her life and health and the life and health of other people against unlawful encroachments.

Article 28. Every person shall have the right to respect of his/her dignity. No person shall be subject to torture, violent, inhuman or dishonoring treatment or punishment. No person shall be subject to medical, scientific or other experiments without his/her free consent.

Article 29. Every person shall have the right to freedom and personal inviolability. No person shall be arrested or held in custody unless pursuant to motivated judgment of court and only on the grounds and in compliance with the procedure established by law.

In case of urgent necessity to prevent or stop a crime, bodies correspondingly authorized by law may use holding a person in custody as a temporary preventive measure the validity of which shall be verified by court within seventy two hours. The detained shall be released without delay if within seventy two hours after the moment of detention he/she is not given a court judgment concerning holding in custody.

Every arrested or detained person shall be informed without delay about the motives of arrest or detention, shall receive explanations of his/her rights, and shall have the opportunity from the moment of detention to personally defend himself/herself or have legal assistance of a counsel.

Every detainee shall have the right to appeal to court against his/her detention at any time. Relatives of arrested or detained person shall be informed without delay about arrest or detention of the person.

Article 30. The inviolability of a person's dwelling shall be guaranteed. Penetration into a dwelling or other property of a person, examination or search therein shall not be allowed unless pursuant to motivated court judgment.

In cases of emergency associated with rescue of human life and property or direct pursuit of persons suspected of committing crime, a procedure of entering dwelling or other property of person, carrying out examination or search therein other than the one established by law shall be possible.

Article 31. Privacy of correspondence, telephone conversations, telegraph and other correspondence shall be guaranteed to every person. Exceptions shall be established only by courts in cases envisaged by law to prevent crime or determine the truth during investigation of criminal case if information can not be otherwise obtained.

Article 32. No person shall be subject to interference into his/her personal and family life, except in cases envisaged by the Constitution of Ukraine.

Acquisition, storage, use and dissemination of confidential information about a person without his/her consent shall not be allowed, except in cases determined by law and only in the interests of national security, economic welfare and human rights. Every citizen shall have the right to inquire in bodies of state power, bodies of local self-government, agencies and organizations information about himself/herself which is not state or other secret protected by law.

A court defense on the right to refute false information about the person or members of his/her family, and the right to demand confiscation of any information as well as the right to indemnity for material and moral damage caused by acquisition, storage, use and dissemination of such false information shall be guaranteed to every person.

Article 33. Freedom of movement, free choice of place of residence, the right to freely leave the territory of Ukraine, except restrictions established by law, shall be guaranteed to every person staying in the territory of Ukraine on a legal basis. A citizen of Ukraine shall not be deprived of the right to return to Ukraine at any time.

Article 34. The right to freedom of thought and expression, free expression of one's views and beliefs shall be guaranteed to every person.

Every person shall have the right to freely acquire, store, use and disseminate information orally, in writing, or otherwise pursuant to one's own choice.

Exercising these rights may be restricted by law in the interests of national security, territorial integrity or public order with the aim of preventing disturbances or crimes, protecting people's health, other persons' reputation or rights, preventing disclosure of confidentially obtained information or maintaining the authority and impartiality of justice.

Article 35. Every person shall have the right to freedom of outlook and religion. This right shall include freedom to exercise any religion or no religion, exercise without hindrance religious cults and rituals, carry out religious activity individually or collectively.

Exercising this right may be restricted by law only in the interests of protection of public order, health and morality of population or protection of rights and freedoms of other people. The Church and religious organizations in Ukraine shall be separated from the State and schools shall be separated from the Church. No religion shall be recognized by the State as mandatory. No person shall be released from his/her duties with respect to the State or refuse observance of laws because of religious beliefs. If military service contradicts citizen's religious beliefs, this duty shall be substituted by an alternative (non-military) service.

Article 36. Citizens of Ukraine shall have the right to freedom of association into political parties and public organizations, to exercise and protect their rights and freedoms and satisfy political, economic, social, cultural and other interests, except restrictions established by law in the interests of national security and public order, protection of health of population or rights and freedoms of other people.

Political parties in Ukraine shall assist in forming and expressing the political will of citizens, and participate in elections. Only citizens of Ukraine shall be members of political parties. Restrictions of membership in political parties shall be established exclusively by this Constitution and laws of Ukraine. Citizens shall have the right to participate in trade unions to protect their labor, social and economic rights and interests. Trade unions shall be public organizations uniting citizens joined by common interests according to the types of their professional activity. Trade unions shall be set up without prior permission on the basis of free choice of their members. All trade unions shall have equal rights. Restrictions of membership in trade unions shall be established exclusively by this Constitution and laws of Ukraine.

No person shall be forced to join any association of citizens or limited in rights because of membership in political parties or public organizations.

All associations of citizens shall be equal before the law.

Article 37. The creation and activity of political parties and public organizations, program goals or actions of which are aimed at abolition of the independence of Ukraine, violent alteration of the constitutional system, violation of sovereignty and territorial integrity of the State, undermining of its security, unlawful seizure of state power, propaganda of war, violence, kindling of inter-ethnic, racial, religious hatred, encroachment on human rights and freedoms, health of population shall be prohibited. Political parties and public organizations shall not have paramilitary formations.

It shall not be allowed to set up and carry out activity of organization structures of political parties in the bodies of executive and judicial power and executive bodies of local self-government, military formations as well as state-owned enterprises, educational institutions and other state agencies and organizations.

Prohibition of activity of associations of citizens shall be implemented only in due course of law.

Article 38. Citizens shall have the right to participate in managing state affairs, in all-Ukrainian and local referendums, freely elect and be elected in bodies of state power and bodies of local self-government.

Citizens shall enjoy the equal right of access to state service and service in bodies of local self-government.

Article 39. Citizens shall have the right to gather peacefully, without arms and hold assemblies, meetings, processions and demonstrations upon proper prior notification of bodies of state power or bodies of local self-government about the above events. Restrictions of these rights may be established by courts in compliance with law and only in the interests of national security and public order to prevent disturbances or crimes, protect health of the population or rights and freedoms of other people.

Article 40. All persons shall have the right to submit individual or collective written appeals or personally appeal to the bodies of state power, bodies of local self-government, officials of these bodies which/who shall consider appeals and provide substantiated replies within the period of time established by law.

Article 41. Every person shall have the right to possess, use and manage his/her property, and dispose of the results of his/her intellectual and creative activity.

The right of private ownership shall be acquired in compliance with the procedure determined by law. To satisfy their needs, citizens may use objects of the right of state-owned and communal ownership in compliance with law.

No person shall be unlawfully deprived of the right of ownership. The right of private ownership shall be inviolable. Forced alienation of objects of the right of private ownership shall be used only as exception pursuant to social necessity, on the basis of and in compliance with the procedure established by law and under condition of prior and complete reimbursement of their value. Forced alienation of such objects with subsequent complete reimbursement of their value shall be allowed only under conditions of martial law or state of emergency.

Property shall be confiscated exclusively pursuant to court judgment in cases, to the extent and in compliance with the procedure established by law. The use of property shall not infringe rights, freedoms and dignity of citizens, interests of society, deteriorate the environmental situation and natural features of land.

Article 42. Every person shall have the right to carry out business activity not prohibited by law.

Business activity of deputies, officials of bodies of state power and bodies of local self-government shall be restricted by law. The State shall ensure protection of competition in business activity. Abuse of a monopoly position on the market, unlawful restriction of competition and unfair competition shall not be allowed. Types and limits of monopoly shall be determined by law. The State shall protect rights of consumers, supervise quality and safety of products and all types of services and works, assist the activity of public organizations of consumers.

Article 43. Every person shall have the right to labor which shall include the possibility to earn one's living by work which he/she shall freely chose or agree to.

The State shall create conditions for comprehensive execution by citizens of the right to labor, guarantee equal opportunities in choice of profession and type of labor activity, implement programs of vocational education, training and retraining of personnel according to social needs.

The use of forced labor shall be prohibited. Military or alternative (non-military) service and work or service performed by a person pursuant to verdict or other judgment of court or laws on martial law or state of emergency shall not be considered as forced labor.

Every person shall have the right to proper, safe and healthy labor conditions, salary not lower than the one established by law. The use of labor of women and minors in the jobs which are hazardous to their health shall be prohibited.

Protection against unlawful dismissal shall be guaranteed to citizens.

The right to obtain timely remuneration for labor shall be protected by law.

Article 44. Persons who work shall have the right to strike to protect their economic and social interests. The procedure for exercising the right to strike shall be established by law with consideration of the need to ensure national security, protection of health, rights and freedoms of other people. No person shall be forced to participate or abstain from participating in a strike. Prohibition of strike shall be possible only on the basis of law.

Article 45. Every working person shall have the right to rest. This right shall be ensured by provision of weekly days-off and paid annual leaves, reduced working hours for certain occupations and productions, reduced duration of night-time work. Maximum working time, minimal duration of rest and paid annual leaves, days-off and holidays as well as other conditions of exercising this right shall be determined by law.

Article 46. Citizens shall have the right to social protection which shall include the right to have security in case of complete, partial or temporary disability, loss of breadwinner, unemployment because of circumstances beyond their control as well as in old age and other cases envisaged by law.

This right shall be guaranteed by generally mandatory state social insurance through insurance contributions of citizens, enterprises, agencies and organizations as well as budgetary and other sources of social welfare; setting up a network of state-owned, communal, private institutions for taking care of the disabled. Pensions, other types of social security payments and aids that are the principal source of existence shall provide for a living standard which shall not be lower than the living minimum established by law.

Article 47. Every person shall have the right to housing. The State shall create conditions under which every citizen shall be able to build housing, acquire it into ownership or rent it. The State and bodies of local self-government shall provide citizens who need social protection with housing free of charge or for affordable payment in compliance with law. No person shall be forcibly deprived of housing on the basis other than law upon court judgment.

Article 48. Every person shall have the right to sufficient living standard for himself/herself and his/her family which shall include sufficient food, clothing, housing.

Article 49. Every person shall have the right to health protection, medical assistance and medical insurance. Health protection shall be ensured by state financing of corresponding social, economic, medical, sanitary, health improvement and prevention programs. The State shall create conditions for medical care which shall be effective and affordable for all citizens. Medical assistance in state-owned and communal health care institutions shall be provided free of charge; the existing network of such institutions shall not be reduced. The State shall assist in developing treatment institutions of all forms of ownership.

The State shall provide for development of physical culture and sports, ensure sanitary and epidemic well-being.

Article 50. Every person shall have the right to safe and healthy environment and compensation for damage caused by violation of this right.

The right to free access to information about state of environment, quality of foodstuffs and everyday objects as well as the right to disseminate the information shall be guaranteed to every person. No person shall make such information secret.

Article 51. Marriage shall be based on free consent of man and woman. Spouses shall have equal rights and duties in marriage and family. Parents shall support children until they attain legal age. Children of legal age shall take care of their disabled parents. Family, childhood, maternity and fatherhood shall be protected by the State.

Article 52. Children shall be equal in their rights irrespective of origin or whether they are legitimate or illegitimate. Any violence against children and exploitation thereof shall be prosecuted pursuant to law.

The State shall maintain and bring up orphans and children who do not have parental care. The State shall encourage and support children-oriented charity activity.

Article 53. Every person shall have the right to education.

Complete general secondary education shall be compulsory. The State shall ensure availability of and non-payment for pre-school, complete general secondary, vocational, higher education in state-owned and communal educational institutions; development of pre-school, complete general secondary, non-school, vocational, higher and post-graduate education, various forms of education; granting state scholarships and privileges to pupils and students.

Citizens shall have the right to obtain higher education free of charge in state-owned and communal educational institutions on a competitive basis.

The right to study using the native language or to study the native language in state-owned and communal educational institutions or through national cultural societies shall be guaranteed pursuant to law to citizens who belong to national minorities.

Article 54. Freedom of literary, artistic, scientific and technical creative activity, protection of intellectual property, citizens' copyrights, moral and material interests that arise in connection with various types of intellectual activity shall be guaranteed to citizens.

Every citizen shall have the right to results of his/her intellectual, creative activity; no person shall use or disseminate them without his/her consent, except in cases established by law. The State shall encourage development of science, establishing scientific relations between Ukraine and the international community.

Cultural heritage shall be protected by law.

The State shall ensure preservation of historical monuments and other objects of cultural value, take measures to return to Ukraine cultural values of the people that are located in other countries.

Article 55. Rights and freedoms of persons and citizens shall be protected by courts.

The right to appeal to court against decisions, actions or failure to act of bodies of state power, bodies of local self-government, officials shall be guaranteed to every person.

Every person shall have the right to apply for protection of his/her rights to the Authorized Representative of the Supreme Rada of Ukraine on Human Rights.

Every person shall have the right to apply for protection of his/her rights and freedoms, upon the use of all national means of legal defense, to relevant international courts or relevant bodies of international organizations of which Ukraine is a member or a party to.

Every person shall have the right to use any means not prohibited by law to protect his/her rights and freedoms against infringements and unlawful encroachments.

Article 56. Every person shall have the right to compensation by the State or bodies of local self-government for material and moral damage caused by unlawful decisions, actions or failure to act of the bodies of state power, bodies of local self-government, or officials thereof when they exercise their powers.

Article 57. The right to know his/her rights and duties shall be guaranteed to every person.

Population shall be informed about laws and other normative and legal acts which determine citizens' rights and duties in compliance with the procedure established by law. Laws and other normative and legal acts which determine citizens' rights and duties and of which population was not informed in compliance with the procedure established by law shall be considered invalid.

Article 58. Laws and other normative and legal acts shall not be retroactive, except in cases when they mitigate or cancel liability of person.

No person shall be liable for acts which at the time of commitment were not recognized by law as infringements.

Article 59. Every person shall have the right to legal assistance. In cases envisaged by law the assistance shall be provided free of charge. Every person shall be free while choosing a defender of his/her rights.

The Bar shall act in Ukraine to secure the right to defense against accusation and provision of legal assistance while settling matters in courts and other state bodies.

Article 60. No person shall have to execute obviously criminal instructions or orders. Giving and executing obviously criminal instructions or orders shall incur legal liability.

Article 61. No person shall bear legal liability of one type twice for the same infringement. Legal liability of person shall be individual.

Article 62. A person shall be considered as being not guilty of a crime and shall not be subject to criminal punishment until his/her guilt is proven in compliance with the legal procedure and established by an accusatory judgment of court. No person shall have to prove his/her innocence of a crime. Accusations shall not be based on illegally obtained evidence or assumptions. All doubts concerning a person's guilt being established shall be interpreted in favor of the person. If judgment of court is canceled as unlawful, the State shall compensate material and moral damage caused by groundless conviction.

Article 63. A person shall not be liable for refusal to give evidence or provide clarification concerning himself/herself, family members or relatives the circle of which shall be determined by law. A suspect, accused person, or defendant shall have the right to defense.

Convicted person shall enjoy all rights of a person and citizen, except restrictions determined by law and established pursuant to judgment of court.

Article 64. Constitutional rights and freedoms of persons and citizens shall not be restricted, except in cases envisaged by the Constitution of Ukraine.

Certain restrictions of rights and freedoms may be imposed during martial law or state of emergency and duration of these restrictions shall be specified. Rights and freedoms envisaged by articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 of this Constitution shall not be restricted.

Article 65. Defense of Motherland, independence and territorial integrity of Ukraine, respect of its state symbols shall be the duties of citizens of Ukraine.

Citizens shall perform military service in compliance with law.

Article 66. Every person shall not damage nature, cultural heritage, indemnify for damage caused by him/her.

Article 67. Every person shall pay taxes and duties in compliance with the procedure and in the amounts established by law. All citizens shall annually submit to local tax inspectorates declarations of their past year's property situation and incomes in compliance with the procedure established by law.

Article 68. Every person shall strictly observe the Constitution of Ukraine and laws of Ukraine, shall not infringe rights and freedoms, honor and dignity of other people. Being ignorant of laws shall not release from legal liability.

SECTION III

ELECTIONS. REFERENDUM

Article 69. Will of people shall be expressed through elections, referenda and other forms of direct democracy.

Article 70. Citizens of Ukraine who attained the age of eighteen as of the day of elections or referendum shall have the right to vote at the elections and referenda.

Citizens who were recognized by courts as incapable shall not have the right to vote.

Article 71. Citizens Elections of bodies of state power and bodies of local self-government shall be free and shall be held on the basis of universal, equal and direct suffrage by secret ballot. Free expression of will shall be guaranteed to voters.

Article 72. All-Ukrainian referendum shall be called by the Supreme Rada of Ukraine or the President of Ukraine pursuant to their powers established by this Constitution.

The all-Ukrainian referendum shall be announced upon people's initiative and request of not less than three millions of citizens of Ukraine who have the right to vote under condition that signatures concerning calling of the referendum were collected in not less than two thirds of regions and in the quantity of not less than one hundred thousand signatures in each region.

Article 73. Issues concerning changes to the territory of Ukraine shall be settled exclusively by the all-Ukrainian referendum.

Article 74. Referendum shall not be allowed with respect to bills on matters of taxes, budget and amnesty.

SECTION IV

SUPREME RADA OF UKRAINE

Article 75. The parliament - the Supreme Rada of Ukraine- shall be the only body of legislative power in Ukraine.

Article 76. The Constitutional membership of the Supreme Rada of Ukraine shall be four hundred and fifty people's Deputies who shall be elected for a period of four years on the basis of universal, equal and direct suffrage by secret ballot.

People's Deputy of Ukraine shall be a citizen of Ukraine who has attained the age of twenty one as of the day of elections, has the right to vote and has been a resident of Ukraine during the last five years.

A citizen of Ukraine who has a previous conviction record for an intended crime, if the conviction was not canceled and struck off the record in compliance with the procedure established by law, shall not be elected to the Supreme Rada of Ukraine. Powers of people's deputies of Ukraine shall be determined by the Constitution and laws of Ukraine.

Article 77. Current elections to the Supreme Rada of Ukraine shall be called by the President of Ukraine and held on the last Sunday of March of the fourth year of powers of the Supreme Rada of Ukraine.

Extraordinary elections to the Supreme Rada of Ukraine shall be called by the President of Ukraine and held within sixty days after the day of publication of the decision on early termination of powers of the Supreme Rada of Ukraine.

The procedure of electing people's Deputies of Ukraine shall be established by law.

Article 78. People's Deputies of Ukraine shall exercise their powers on a permanent basis.

People's Deputies of Ukraine shall not have other representative mandate or be in the Civil Service.

Requirements concerning incompatibility of a Deputy mandate and other types of activity shall be established by law.

Article 79. Before assuming the office, people's Deputies of Ukraine shall take the following oath in the Supreme Rada of Ukraine: "I swear allegiance to Ukraine. I commit myself to protect sovereignty and independence of Ukraine, care for welfare of Motherland and well-being of the Ukrainian people by all of my actions. I swear that I shall observe the Constitution and laws of Ukraine, perform my duties in the interests of all compatriots." The oath shall be read by the oldest people's Deputy of Ukraine before opening of the first session of the newly elected Supreme Rada of Ukraine, then the Deputies shall sign the oath. Refusal to sign the oath shall result in loss of Deputy mandate. Powers of the people's Deputies of Ukraine shall be enforced from the moment of taking the oath.

Article 80. Deputy immunity shall be guaranteed to the people's Deputies of Ukraine.

People's Deputies of Ukraine shall not incur legal liability for results of voting or statements in the parliament and its bodies, except liability for insult or slander.

People's Deputies of Ukraine shall not incur criminal liability, detention or arrest without consent of the Supreme Rada of Ukraine.

Article 81. Powers of the people's Deputies of Ukraine shall be terminated simultaneously with termination of the powers of the Supreme Rada of Ukraine.

Early termination of powers of the people's Deputies of Ukraine shall be carried out in the following cases:

  • 1) resignation upon his/her personal request;
  • 2) entry into legal force of a conviction with respect to him/her;
  • 3) recognition of him/her as incapable or missing without known reason by court;
  • 4) termination of his/her citizenship or departure for permanent residence to other country;
  • 5) death.
  • Decision concerning early termination of powers of a people's Deputy of Ukraine shall be made by the majority of the Constitutional members of the Supreme Rada of Ukraine. If the requirement on incompatibility of Deputy mandate and other types of activity is not observed, early termination of powers of people's Deputy shall be carried out on the basis of law pursuant to judgment of court.

    Article 82. The Supreme Rada of Ukraine shall work in sessions. The Supreme Rada of Ukraine shall be plenipotentiary, if not less than two thirds of its Constitutional members are elected. The Supreme Rada of Ukraine shall convene for its first session not later than on the thirtieth day after official announcement of results of elections.

    The first session of the Supreme Rada of Ukraine shall be opened by the oldest people's Deputy of Ukraine. Working procedures of the Supreme Rada of Ukraine shall be established by the Constitution of Ukraine and the law on regulations of the Supreme Rada of Ukraine.

    Article 83. Regular sessions of the Supreme Rada of Ukraine shall begin on the first Tuesday of February and the first Tuesday of September of each year.

    Extraordinary sessions of the Supreme Rada of Ukraine with specification of agenda shall be called by the Chairman of the Supreme Rada of Ukraine upon request of not less than one third of people's Deputies of Ukraine of the Constitutional members of the Supreme Rada of Ukraine or upon request of the President of Ukraine.

    In the event of introduction of martial law or state of emergency in Ukraine, the Supreme Rada of Ukraine shall convene within two days without calling.

    If powers of the Supreme Rada of Ukraine are terminated in the event of martial law or state of emergency, its powers shall be extended until the first meeting of the first session of the Supreme Rada of Ukraine elected after termination of martial law or state of emergency.

    Article 84. Meetings of the Supreme Rada of Ukraine shall be public. Private meetings shall be held upon decision of the majority of the Constitutional members of the Supreme Rada of Ukraine.

    Decisions of the Supreme Rada of Ukraine shall be made exclusively at its plenary sessions by voting. Voting at the meetings of the Supreme Rada of Ukraine shall be performed personally by people's Deputies of Ukraine.

    Article 85. The Supreme Rada of Ukraine shall have the following powers:

  • 1) to introduce amendments to the Constitution of Ukraine within the limits and in compliance with the procedure envisaged by Section XIII of this Constitution;
  • 2) to call for the all-Ukrainian referendum on matters stipulated by article 73 of this Constitution;
  • 3) to adopt laws;
  • 4) to approve the State budget of Ukraine and introduce amendments thereto; to supervise execution of the State budget of Ukraine, make decisions concerning reports on execution thereof;
  • 5) to determine principles of domestic and foreign policy;
  • 6) to approve all-state programs of economic, scientific, technical, social, national and cultural development, protection of environment;
  • 7) to call for elections of the President of Ukraine within the period of time envisaged by this Constitution;
  • 8) to hear annual and extraordinary addresses of the President of Ukraine on domestic and foreign situation of Ukraine;
  • 9) to declare, upon the motion of the President of Ukraine, war and conclude peace, approve decisions of the President of Ukraine concerning the use of the Armed Forces of Ukraine and other military formations in the event of military aggression against Ukraine;
  • 10) to remove the President of Ukraine from Office in compliance with a special procedure (impeachment) established by article 111 of this Constitution;
  • 11) to consider and make decisions concerning approval of Program of activity of the Cabinet of Ministers of Ukraine;
  • 12) to approve appointment of the Prime-Minister of Ukraine by the President of Ukraine;
  • 13) to supervise activity of the Cabinet of Ministers of Ukraine in compliance with this Constitution;
  • 14) to approve decisions concerning granting by Ukraine loans and economic aid to foreign states and international organizations as well as obtaining by Ukraine loans not envisaged by the State budget of Ukraine from foreign states, banks and international financial organizations, supervise the use thereof;
  • 15) to appoint or elect to positions, remove from office, approve appointment and removal from office of persons in cases envisaged by this Constitution;
  • 16) to appoint and remove from the office the Chairman and other members of the Chamber of Accounting;
  • 17) to appoint and remove from the office the Authorized Representative of the Supreme Rada of Ukraine on Human Rights; to hear his/her annual reports on observance and protection of human rights and freedoms in Ukraine;
  • 18) to appoint and remove from the office the Chairman of the National Bank of Ukraine upon the motion of the President of Ukraine;
  • 19) to appoint and remove from office one half of members of the Council of the National Bank of Ukraine;
  • 20) to appoint one half of members of the National Council of Ukraine on Television and Radio broadcasting;
  • 21) to appoint and terminate powers of members of the Central Election Commission upon the motion of the President of Ukraine;
  • 22) to approve general structure, strength, determine functions of the Armed Forces of Ukraine, the Security Service of Ukraine, other military formations set up in compliance with the laws of Ukraine as well as the Ministry of Internal Affairs of Ukraine;
  • 23) to approve decisions concerning military assistance to other states, sending units of the Armed Forces of Ukraine to other state or entry of units of the armed forces of other states into the territory of Ukraine;
  • 24) to approve appointment and removal from offices by the President of Ukraine of the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine, the Chairman of the State Committee on Television and Radiobroadcasting of Ukraine;
  • 25) to approve appointment by the President of Ukraine of the General Procurator of Ukraine, express no-confidence to the General Procurator of Ukraine which shall result in his/her resignation from the office;
  • 26) to appoint one third of members of the Constitutional Court of Ukraine;
  • 27) to elect judges without time-limit;
  • 28) to early terminate powers of the Supreme Rada of the Autonomous Republic of Crimea if found by the Constitutional Court of Ukraine its violation of the Constitution of Ukraine or laws of Ukraine; calling for extraordinary elections to the Supreme Rada of the Autonomous Republic of Crimea;
  • 29) to set up and liquidate districts, establish and alter limits of districts and cities, register residential areas as cities, name and rename residential areas and regions;
  • 30) to call regular and extraordinary elections to bodies of local self-government;
  • 31) to approve, within two days after address of the President of Ukraine, orders on introduction of martial law or state of emergency in Ukraine or its certain locations, total or partial mobilization, declaring certain locations zones of environmental emergency;
  • 32) to approve, within the period of time established by law, binding force of international treaties of Ukraine and denunciation of international treaties of Ukraine;
  • 33) to carry out parliamentary supervision within the limits determined by this Constitution;
  • 34) to make decisions concerning submission of inquiries to the President of Ukraine upon a request of a people's Deputy of Ukraine, a group of people's Deputies or a committee of the Supreme Rada of Ukraine after it has been supported by not less than one third of the Constitutional members of the Supreme Rada of Ukraine;
  • 35) to appoint and remove from office the Chief of Staff of the Supreme Rada of Ukraine; to approve estimate expenses of the Supreme Rada of Ukraine and structure of its staff;
  • 36) to approve the list of objects of the right of state ownership which are not subject to privatization; to determine legal bases of seizure of objects of the rights of private ownership. The Supreme Rada of Ukraine shall exercise other powers which are within its competence pursuant to the Constitution of Ukraine.
  • Article 86. People's Deputy of Ukraine shall have the right to submit, during a session of the Supreme Rada of Ukraine, an inquiry to the bodies of the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine, chiefs of other bodies of state power and bodies of local self-government as well as directors of enterprises, agencies and organizations located in the territory of Ukraine irrespective of their subordination and forms of ownership. Chiefs of other bodies of state power and bodies of local self-government, enterprises, agencies and organizations shall inform people's Deputy about results of consideration of his/her inquiry.

    Article 87. The Supreme Rada of Ukraine may consider, upon the motion of not less than one third of the people's Deputies of Ukraine of its Constitutional membership, the issue of liability of the Cabinet of Ministers of Ukraine and pass a resolution of nonconfidence to the Cabinet of Ministers of Ukraine by majority of the Constitutional members of the Supreme Rada of Ukraine. The issue of liability of the Cabinet of Ministers of Ukraine shall not be considered by the Supreme Rada of Ukraine more than once during one regular session or within one year after approval of the Program of activity of the Cabinet of Ministers of Ukraine.

    Article 88. The Supreme Rada of Ukraine shall elect from among its members the Chairman of the Supreme Rada of Ukraine, the First Deputy and Deputy Chairman of the Supreme Rada of Ukraine and recall them.

    The Chairman of the Supreme Rada of Ukraine shall:

  • 1) preside at the meetings of the Supreme Rada of Ukraine;
  • 2) organize preparation of issues to be considered at the meetings of the Supreme Rada of Ukraine;
  • 3) sign acts adopted by the Supreme Rada of Ukraine;
  • 4) represent the Supreme Rada of Ukraine in relations with other bodies of state power of Ukraine and bodies of power of other states;
  • 5) organize work of staff of the Supreme Rada of Ukraine. The Chairman of the Supreme Rada of Ukraine shall exercise the powers envisaged by this Constitution in compliance with the procedure established by law on regulations of the Supreme Rada of Ukraine.
  • Article 89. The Supreme Rada of Ukraine shall approve the list of committees of the Supreme Rada of Ukraine, elect chairmen of these committees.

    The committees of the Supreme Rada of Ukraine shall carry out law-drafting work, prepare and consider issues that are within the competence of the Supreme Rada of Ukraine.

    The Supreme Rada of Ukraine may set up within its competence temporary special commissions for drafting and preliminary consideration of issues.

    To carry out investigations on matters of social interest, the Supreme Rada of Ukraine shall set up temporary investigative commissions, if this was supported by voting of not less than one third of the Constitutional members of the Supreme Rada of Ukraine. Conclusions and proposals of the temporary investigative commissions shall not be decisive for investigations and courts. Organization and procedures of activity of the committees of the Supreme Rada of Ukraine, its temporary special and investigative commissions shall be established by law.

    Article 90. Powers of the Supreme Rada of Ukraine shall be terminated on the day of opening of the first meeting of the Supreme Rada of Ukraine of new convocation. The President of Ukraine may accomplish early termination of the powers of the Supreme Rada of Ukraine, if plenary meetings cannot be started within thirty days of a regular session. The powers of the Supreme Rada of Ukraine, which was elected during extraordinary elections held after early termination by the President of Ukraine of the powers of the Supreme Rada of Ukraine of previous convocation, shall not be terminated during one year after the day of its election.

    The powers of the Supreme Rada of Ukraine shall not be terminated early during the last six months of the period of powers of the President of Ukraine.

    Article 91. The Supreme Rada of Ukraine shall adopt laws, acts and other regulations by majority of its constitutional members, except in cases envisaged by this Constitution.

    Article 92. The following shall be determined exclusively by the laws of Ukraine:

  • 1) rights and freedoms of persons and citizens, guarantees of these rights and freedoms; principal duties of citizens;
  • 2) citizenship, legal subject status of citizens, status of foreigners and persons without citizenship;
  • 3) rights of native peoples and national minorities;
  • 4) procedure of using languages;
  • 5) principles of the use of natural resources, the exclusive (maritime) economic zone, continental shelf, exploration of outer space, organization and operation of energy systems, transport and communications;
  • 6) bases of social protection, forms and types of pensions; bases of controlling labor and employment, marriage, family, protection of childhood, maternity, fatherhood; upbringing, education, culture and health care; environmental security;
  • 7) legal regime of ownership;
  • 8) legal bases and guarantees of entrepreneurship; rules of competition and norms of antimonopoly control;
  • 9) bases of foreign relations, foreign economic activity, customs activity;
  • 10) fundamentals of control of demographic and migration processes;
  • 11) bases of organization and activity of political parties, other associations of citizens, mass media;
  • 12) organization and activity of bodies of executive power, fundamentals of state service, organization of state statistics and informatics;
  • 13) territorial system of Ukraine;
  • 14) judicial system, legal procedures, status of judges, fundamentals of judicial expertise, organization and activity of Procurator's Office, bodies of preliminary regular investigation, notary officers, penitentiary bodies and institutions; fundamentals of organization and activity of the Bar;
  • 15) bases of local self-government;
  • 16) status of the capital city of Ukraine;
  • 17) bases of national security, organization of the Armed Forces of Ukraine and ensuring public order;
  • 18) legal regime of state borders;
  • 19) legal regime of martial law and state of emergency, zones of environmental emergency
  • 20) organization and the procedure of elections and referendums;
  • 21) organization and the procedure of activity of the Supreme Rada of Ukraine, status of People's Deputies of Ukraine;
  • 22) fundamentals of civil legal liability; criminal acts, administrative or disciplinary infringements and their liability. The following shall be established exclusively by the laws of Ukraine:
  • 1) State budget of Ukraine and the budget system of Ukraine; the system of taxation, taxes and duties; bases of creation and operation of financial, monetary, credit and investment markets; status of the national currency and status of foreign currencies in the territory of Ukraine; procedure of formation and repayment of national internal and foreign debts; procedure of issuance and circulation of government securities, their kinds and types;
  • 2) procedure of sending military units of the Armed Forces of Ukraine to other countries; procedure of allowing units of the armed forces of other countries into the territory of Ukraine and conditions of their staying therein;
  • 3) units of weight, measurement and time; procedure of establishing state standards;
  • 4) procedure of using and protecting state symbols;
  • 5) national awards;
  • 6) military, diplomatic and other special ranks;
  • 7) national holidays;
  • 8) procedure of formation and operation of free and other special zones of economic or migration regime that differs from the general one.
  • Amnesty shall be declared by the law of Ukraine.

    Article 93. The right of legislative initiative in the Supreme Rada of Ukraine shall be invested in the President of Ukraine, people's Deputies of Ukraine, the Cabinet of Ministers of Ukraine and the National Bank of Ukraine.

    Bills that are determined by the President of Ukraine as urgent shall be extraordinarily considered by the Supreme Rada of Ukraine.

    Article 94. A law shall be signed by the Chairman of the Supreme Rada of Ukraine and submitted by him without delay to the President of Ukraine.

    The President of Ukraine shall sign a law within fifteen days after obtaining it, accept it for execution and officially promulgate it or return the law with his motivated and worded proposals to the Supreme Rada of Ukraine for second consideration. If the President of Ukraine does not return a law for second consideration within the established period of time, the law shall be considered as approved by the President of Ukraine, and shall be signed and officially promulgated If during second consideration a law is again adopted by not less than two thirds of the constitutional members of the Supreme Rada of Ukraine, the President of Ukraine shall sign the law and officially promulgate it within ten days.

    Law shall enter into force ten days after its official promulgation, unless otherwise envisaged by the law itself, but not earlier than the day of its publication.

    Article 95. The budget system of Ukraine shall be built on the principles of fair and impartial distribution of social wealth between citizens and territorial communities.

    Any expenses of the State on general social needs, amounts and purposes of these expenses shall be determined exclusively by the law on the State Budget of Ukraine.

    The State shall seek to keep a balanced budget of Ukraine. Regular reports on incomes and expenses of the State Budget of Ukraine shall be promulgated.

    Article 96. The State Budget of Ukraine shall be annually approved by the Supreme Rada of Ukraine for a period from January 1 to December 31, and under special circumstances - for other periods. The Cabinet of Ministers of Ukraine shall submit to the Supreme Rada of Ukraine, not later than September 15 of each year, a draft law on the State Budget of Ukraine for the following year. A report on execution of current year State Budget of Ukraine shall be submitted together with the bill.

    Article 97. The Cabinet of Ministers of Ukraine shall submit to the Supreme Rada of Ukraine in compliance with the law report on execution of the State Budget of Ukraine.

    Submitted report shall be promulgated.

    Article 98. The Chamber of Accounting shall supervise the use of money of the State Budget of Ukraine on behalf of the Supreme Rada of Ukraine.

    Article 99. Hryvna shall be the monetary unit of Ukraine. Ensuring stability of the monetary unit shall be the main function of the central bank of the State - the National Bank of Ukraine.

    Article 100. Council of the National Bank of Ukraine shall draw up main principles of monetary and credit policy and supervise implementation thereof.

    Legal status of the Council of the National Bank of Ukraine shall be determined by law.

    Article 101. Authorized Representative of the Supreme Rada of Ukraine on Human Rights shall carry out parliamentary supervision of observance of the Constitutional human and civil rights and freedoms.

    SECTION V

    PRESIDENT OF UKRAINE

    Article 102. The President of Ukraine shall be the head of the State and shall act on its behalf.

    The President of Ukraine shall be guarantor of state sovereignty, territorial integrity of Ukraine, observance of the Constitution of Ukraine, human and civil rights and freedoms.

    Article 103. The President of Ukraine shall be elected by citizens of Ukraine on the basis of universal, equal and direct suffrage by secret ballot for a period of five years.

    A citizen of Ukraine who has attained the age of thirty five years, has the right to vote, has been a resident of Ukraine during the last ten years before the day of elections and speaks the State language may be elected President of Ukraine. The same person shall not be President of Ukraine for more than two consecutive terms.

    The President of Ukraine shall not have another representative mandate, nor hold a position in bodies of State power or associations of citizens or carry out other paid or business activity or be a member of an administrative body or supervisory council of a profit-oriented enterprise.

    Regular elections of the President of Ukraine shall be held on the last Sunday of October of the fifth year of office of the President of Ukraine. In case of early termination of the powers of the President of Ukraine, elections of the President of Ukraine shall be held within ninety days after the day of termination of the powers.

    Procedure of holding elections of the President of Ukraine shall be established by law.

    Article 104. The newly-elected President of Ukraine shall assume the Office no later than thirty days after official announcement of election results, from the moment of taking the oath to the people at the ceremonial meeting of the Supreme Rada of Ukraine. A chairman of the Constitutional Court of Ukraine shall administer the oath to the President of Ukraine.

    The President of Ukraine shall take the following oath:

    "I, (first and last name) elected President of Ukraine by the will of the people, assuming this high position solemnly swear allegiance to Ukraine. I commit to protect the sovereignty and independence of Ukraine, take care of well-being of the Motherland and welfare of the Ukrainian people, stand for rights and freedoms of citizens, observe the Constitution of Ukraine and laws of Ukraine in all of my work, perform my duties in the interests of all compatriots, raise authority of Ukraine in the world.". The President of Ukraine elected at extraordinary elections shall take the oath within five days after official announcement of election results.

    Article 105. The President of Ukraine shall enjoy the right of immunity during the period of execution of the Office. Persons guilty of encroachment upon honor and dignity of the President of Ukraine shall incur liability on the basis of law. Title of the President of Ukraine shall be protected by law and preserved by him forever, unless the President of Ukraine is removed from the Office on impeachment.

    Article 106. The President of Ukraine shall:

  • 1) ensure state independence, national security and succession of the State;
  • 2) make addresses to the people and annual and extraordinary addresses to the Supreme Rada of Ukraine on domestic and foreign situation of Ukraine;
  • 3) represent the State in international relations, direct foreign political activity of the State, hold negotiations and conclude international treaties of Ukraine;
  • 4) make decisions concerning recognition of foreign states;
  • 5) appoint and remove from office heads of diplomatic missions of Ukraine in other states and international organizations; accept letters of credence and recall of diplomatic representatives of foreign states;
  • 6) call all-Ukrainian referendum on amendments to the Constitution of Ukraine pursuant to Article 156 of this Constitution, announce the all-Ukrainian referendum upon people's initiative;
  • 7) call extraordinary elections to the Supreme Rada of Ukraine within the period of time established by this Constitution;
  • 8) terminate powers of the Supreme Rada of Ukraine, if plenary meetings can not be started within thirty days of one regular session;
  • 9) appoint the Prime-Minister of Ukraine upon consent of the Supreme Rada of Ukraine; terminate powers of the Prime-Minister of Ukraine and make decision concerning his resignation;
  • 10) appoint, upon application of the Prime-Minister of Ukraine, members of the Cabinet of Ministers of Ukraine, directors of other central bodies of executive power as well as chairmen of local state administrations, and terminate their powers in these offices;
  • 11) appoint, upon consent of the Supreme Rada of Ukraine, the Procurator General of Ukraine and remove him from the office;
  • 12) appoint one half of members of the Council of the National Bank of Ukraine;
  • 13) appoint one half of members of the National Council of Ukraine on Matters of Television and Radio broadcasting;
  • 14) appoint and remove from offices, upon consent of the Supreme Rada of Ukraine, the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine, the Chairman of the State Committee on Television and Radio broadcasting of Ukraine;
  • 15) set up, reorganize and liquidate, upon application of the Prime-Minister of Ukraine, ministries and other central bodies of executive power, acting within the funds envisaged for maintenance of the bodies of executive power;
  • 16) cancel acts of the Cabinet of Ministers of Ukraine and acts of the Council of Ministers of the Autonomous Republic of Crimea;
  • 17) shall be the Commander-in-Chief of the Armed Forces of Ukraine; appoint and remove from offices high commanders of the Armed Forces of Ukraine, other military formations; provide guidance in the spheres of national security and defense of the State;
  • 18) be the head of the Council of National Security and Defense of Ukraine;
  • 19) submit to the Supreme Rada of Ukraine proposals concerning declaration of the state of war and make decisions on the use of the Armed Forces of Ukraine in the event of an armed aggression against Ukraine;
  • 20) make, pursuant to law, decisions concerning total or partial mobilization and introduction of martial law in Ukraine or its individual areas in the event of threat of attack, danger to state independence of Ukraine;
  • 21) make, when necessary, decisions concerning introduction of state of emergency in Ukraine or its individual areas, and declare, when necessary, individual areas of Ukraine zones of environmental emergency; these decisions shall subsequently be approved by the Supreme Rada of Ukraine;
  • 22) appoint one third of members of the Constitutional Court of Ukraine;
  • 23) set up courts in compliance with the procedure determined by law;
  • 24) grant the highest military, diplomatic and other highest special ranks and class ranks;
  • 25) grant state awards, establish and grant Presidential distinctions;
  • 26) make decisions on acceptance into the citizenship of Ukraine and termination of the citizenship of Ukraine, on granting refuge in Ukraine;
  • 27) grant pardon;
  • 28) set up consultative, advisory and other auxiliary bodies and services to execute the Office within the funds envisaged in the State Budget of Ukraine;
  • 29) sign laws adopted by the Supreme Rada of Ukraine;
  • 30) have the right of veto with respect to laws adopted by the Supreme Rada of Ukraine with subsequent return thereof for second consideration by the Supreme Rada of Ukraine;
  • 31) exercise other powers determined by the Constitution of Ukraine.
  • The President of Ukraine shall not assign his powers to other persons or bodies.

    The President of Ukraine shall issue edicts and orders on the basis and in observance of the Constitution and laws of Ukraine which shall be obligatory in the territory of Ukraine.

    Acts of the President of Ukraine issued within the powers envisaged by clauses 3, 4, 5, 8, 10, 14, 15, 17, 18, 21, 22, 23, 24 of this Article shall be signed by the Prime-Minister of Ukraine and the minister who is responsible for the acts and execution thereof.

    Article 107. The Council of National Security and Defense of Ukraine shall be a coordinating body on matters of national security and defense of the office of the President of Ukraine. The Council of National Security and Defense of Ukraine shall coordinate and supervise activity of bodies of executive power in the sphere of national security and defense.

    The President of Ukraine shall be the Chairman of the Council of National Security and Defense of Ukraine. The President of Ukraine shall form membership in the Council on National Security and Defense of Ukraine. The Prime-Minister of Ukraine, the Minister of Defense of Ukraine, the Chairman of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine, the Minister of Foreign Affairs of Ukraine shall be members of the Council on National Security and Defense of Ukraine pursuant to their official positions.

    The Chairman of the Supreme Rada of Ukraine may participate in the meetings of the Council on National Security and Defense of Ukraine.

    Decisions of the Council on National Security and Defense of Ukraine shall be put into effect by edicts of the President of Ukraine.

    Competence and functions of the Council on National Security and Defense of Ukraine shall be determined by law.

    Article 108. The President of Ukraine shall exercise his powers until a newly-elected President of Ukraine assumes the Office. Powers of the President of Ukraine shall be terminated early in the following cases:

  • 1) resignation;
  • 2) inability to execute powers for health reasons;
  • 3) removal from office by impeachment;
  • 4) death.
  • Article 109. Resignation of the President of Ukraine shall take effect from the moment of his personal statement on resignation at a meeting of the Supreme Rada of Ukraine.

    Article 110. Inability by the President of Ukraine to execute his powers for health reasons shall be established at a meeting of the Supreme Rada of Ukraine and confirmed by a decision adopted by the majority of its Constitutional members on the basis of a written application of the Supreme Court of Ukraine - upon address of the Supreme Rada of Ukraine, and medical conclusion.

    Article 111. The President of Ukraine may be removed from the Office by the Supreme Rada of Ukraine on impeachment if he commits high treason or other offense.

    Issue of removing the President of Ukraine from the office on impeachment shall be initiated by the majority of the Constitutional members of the Supreme Rada of Ukraine. To carry out an investigation, the Supreme Rada of Ukraine shall set up a special temporary investigative commission which shall include a special procurator and special investigators. Conclusions and proposals of the temporary investigative commission shall be considered at a meeting of the Supreme Rada of Ukraine. If grounds are available, the Supreme Rada of Ukraine shall make a decision on accusation of the President of Ukraine by not less than two thirds of its Constitutional members.

    Decision on removal of the President of Ukraine from the Office on impeachment shall be made by the Supreme Rada of Ukraine by not less than two thirds of its Constitutional members after the case has been verified by the Constitutional Court of Ukraine and upon obtaining of its conclusion on observance of the Constitutional procedure of investigation and consideration of the case of impeachment and conclusion of the Supreme Court of Ukraine on the fact that the acts of which the President of Ukraine are accused have features of high treason or other offense.

    Article 112. In the event of early termination of powers of the President of Ukraine pursuant to Articles 108, 109, 110, 111 of this Constitution, the Prime-Minister of Ukraine shall perform the duties of the President of Ukraine during a period of time before a new President of Ukraine is elected and assumes the Office. During the period of performing the duties of the President of Ukraine the Prime-Minister of Ukraine shall not execute the powers envisaged by clauses 2, 6, 8, 10, 11, 12, 14, 15, 16, 22, 25, 27 of Article 106 of the Constitution of Ukraine.

    SECTION VI

    CABINET OF MINISTERS OF UKRAINE. OTHER BODIES OF EXECUTIVE POWER

    Article 113. The Cabinet of Ministers of Ukraine shall be the supreme body in the system of bodies of executive power. The Cabinet of Ministers of Ukraine shall be answerable to the President of Ukraine, subject to control by and accountable to the Supreme Rada of Ukraine within the limits envisaged by Articles 85 and 87 of the Constitution of Ukraine.

    The Cabinet of Ministers of Ukraine shall be guided in its activity by the Constitution and laws of Ukraine, acts of the President of Ukraine.

    Article 114. The Cabinet of Ministers of Ukraine shall include the Prime-Minister of Ukraine, the First Vice-Prime-Minister, three vice-Prime-Ministers, and ministers. The Prime-Minister of Ukraine shall be appointed by the President of Ukraine upon consent of more than one half of the Constitutional members of the Supreme Rada of Ukraine. Members of the Cabinet of Ministers of Ukraine shall be appointed by the President of Ukraine upon application of the Prime-Minister of Ukraine.

    The Prime-Minister of Ukraine shall manage the activity of the Cabinet of Ministers of Ukraine, direct it at execution of the Program of activity of the Cabinet of Ministers of Ukraine approved by the Supreme Rada of Ukraine.

    The Prime-Minister of Ukraine shall submit proposals to the President of Ukraine on the setting up, reorganization and liquidation of ministries, other central bodies of executive power within the funds envisaged by the State Budget of Ukraine for maintenance of these bodies.

    Article 115. The Cabinet of Ministers of Ukraine shall submit resignation to a newly-elected President of Ukraine. The Prime-Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine shall have the right to announce their resignation to the President of Ukraine.

    Resignation of the Prime-Minister of Ukraine shall result in resignation of all members of the Cabinet of Ministers of Ukraine. Adoption by the Supreme Rada of Ukraine of a resolution of non-confidence to the Cabinet of Ministers of Ukraine shall result in resignation of the Cabinet of Ministers of Ukraine. A Cabinet of Ministers of Ukraine resignation which was accepted by the President of Ukraine shall continue to execute its powers upon his order before a newly-formed Cabinet of Ministers of Ukraine begins its activity but not longer than sixty days. The Prime-Minister of Ukraine shall submit to the President of Ukraine a statement on resignation of the Cabinet of Ministers of Ukraine pursuant to a decision of the President of Ukraine or in connection with adoption by the Supreme Rada of Ukraine of a non-confidence resolution.

    Article 116. The Cabinet of Ministers of Ukraine shall:

  • 1) ensure state sovereignty and economic independence of Ukraine, implementation of domestic and foreign policy of the State, execution of the Constitution and laws of Ukraine, acts of the President of Ukraine;
  • 2) take measures to secure human and civil rights and freedoms;
  • 3) ensure implementation of financial, price, investment and taxation policies; policy in the sphere of labor and employment, social protection, education, science and culture, protection of environment, environmental security and the use of nature;
  • 4) draw up and implement all-state programs of economic, scientific, technical, social and cultural development of Ukraine;
  • 5) ensure equal conditions of development of all forms of ownership; manage objects of state ownership in compliance with law;
  • 6) draw up a draft law on the State budget of Ukraine and ensure implementation of the State budget of Ukraine approved by the Supreme Rada of Ukraine, submit to the Supreme Rada of Ukraine report on implementation thereof;
  • 7) implement measures to ensure defense capacity and national security of Ukraine, public order, struggle against crime;
  • 8) organize and ensure implementation of foreign economic activity of Ukraine, customs activity;
  • 9) direct and coordinate work of ministries, other bodies of executive power;
  • 10) carry out other functions determined by the Constitution and laws of Ukraine, acts of the President of Ukraine.
  • Article 117. The Cabinet of Ministers of Ukraine shall issue acts and orders within its competence which shall be mandatory. Acts of the Cabinet of Ministers of Ukraine shall be signed by the Prime-Minister of Ukraine.

    Normative and legal acts of the Cabinet of Ministers of Ukraine, ministries and other central bodies of executive power shall be registered in compliance with the procedures established by law. Article 118. Local state administrations shall implement executive power in regions and districts, the cities of Kyiv and Sevastopol. The details of implementation of executive power in the cities of Kyiv and Sevastopol shall be determined by individual laws of Ukraine.

    Membership of local state administrations shall be formed by chairmen of local state administrations.

    Chairmen of local state administrations shall be appointed and removed from offices by the President of Ukraine upon application of the Cabinet of Ministers of Ukraine.

    While exercising their powers, chairmen of local state administrations shall be responsible before the President of Ukraine and the Cabinet of Ministers of Ukraine, shall submit reports to and be subject to supervision by the bodies of executive power of higher levels.

    Local state administrations shall submit reports to and be subject to supervision by councils according to the share of powers delegated to them by corresponding district or regional councils. Local state administrations shall submit reports to and be subject to supervision by the bodies of executive power of higher levels. Decisions of chairmen of local state administrations that contradict the Constitution and laws of Ukraine, and other acts of legislation of Ukraine may be annulled in compliance with law by the President of Ukraine or chairmen of local state administrations of higher levels.

    Regional or district council may express non-confidence to Chairman of a corresponding local state administration on the basis of which the President of Ukraine shall make a decision and provide a substantiated reply.

    If two thirds of Deputies of a corresponding council expressed no-confidence in a Chairman of a district or regional state administration, the President of Ukraine shall make a decision on resignation of the Chairman of the local state administration.

    Article 119. Local state administrations shall ensure in respective territories:

  • 1) implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, other bodies of executive power;
  • 2) lawfullness and legal order; observance of citizens' rights and freedoms;
  • 3) implementation of state and regional programs of social, economic and cultural development, environment protection programs, and in places of compact residence of native peoples and national minorities - also programs of national and cultural development thereof;
  • 4) drawing up and implementation of respective regional and district budgets;
  • 5) report on implementation of respective budgets and programs;
  • 6) cooperation with bodies of local self-government;
  • 7) implementation of other powers granted by the State and delegated by respective councils.
  • Article 120. Members of the Cabinet of Ministers of Ukraine and heads of central and local bodies of executive power shall not have the right to simultaneously carry out their official activity and other work, except teaching, scientific and creative works after-hours, or be members of administrative bodies or supervisory councils of profit-oriented enterprises. The organization, powers and procedure for carrying out activity of the Cabinet of Ministers of Ukraine, other central and local bodies of executive power shall be determined by the Constitution and laws of Ukraine.

    SECTION VII

    PROCURATOR'S OFFICE

    Article 121. Procurator's Office of Ukraine shall be a single system which shall:
  • 1) support state accusation in courts;
  • 2) represent the interests of a citizen or the State in courts in cases determined by law;
  • 3) supervise the observance of laws by the bodies which carry out operative search activity, inquiries, pre-court investigations;
  • 4) supervise the observance of laws during execution of court judgments in criminal cases and application of other forced measures associated with limitation of citizens' personal freedom.
  • Article 122. Procurator General of Ukraine shall be the head of the Procurator's Office of Ukraine; he shall be appointed to the Office upon consent of the Supreme Rada of Ukraine and removed from the Office by the President of Ukraine. The Supreme Rada of Ukraine may express no-confidence to Procurator General of Ukraine which shall result in his resignation.

    Term of office of Procurator General of Ukraine shall be five years.

    Article 123. Organization and procedure of carrying out activity of bodies of Procurator's Office shall be determined by law.

    SECTION VIII

    JUSTICE

    Article 124. Justice in Ukraine shall be implemented exclusively by courts. It shall not be allowed to delegate functions of courts; arrogation of these functions by other bodies or officials shall not be allowed either. Courts shall have jurisdiction over all legal relations which arise in the State.

    Proceedings shall be carried out by the Constitutional Court of Ukraine and courts of general jurisdiction. People shall directly participate in implementation of justice through people's assessors and juries.

    Court judgments shall be approved by the courts in the name of Ukraine, and shall be obligatory in the entire territory of Ukraine.

    Article 125. The system of courts of general jurisdiction in Ukraine shall be built pursuant to the principles of territoriality and specialization.

    The Supreme Court of Ukraine shall be the supreme judicial body in the system of courts of general jurisdiction. Respective supreme courts shall be the supreme judicial bodies of specialized courts. Courts of appeal and local courts shall act in compliance with law.

    It shall not be allowed to set up extraordinary and special courts.

    Article 126. Independence and immunity of judges shall be guaranteed by the Constitution and laws of Ukraine. It shall be prohibited to influence judges in any way. Judge shall not be detained or arrested without approval of the Supreme Rada of Ukraine before a conviction is passed by a court. Judges shall hold their positions without limitation of term, except judges of the Constitutional Court of Ukraine and judges who shall be appointed to their positions for the first time. Judge shall be removed from his position by the body which elected or appointed him/her in the following cases:

  • 1) termination of period of time for which he/she was elected or appointed;
  • 2) attaining by the judge of the age of sixty-five;
  • 3) impossibility to execute powers of judge for health reasons;
  • 4) violation by judge of the requirements on incompatibility;
  • 5) violation of the oath by a judge;
  • 6) entry into legal force of a conviction with respect to him/her;
  • 7) termination of his/her citizenship;
  • 8) recognition of him/her as missing without known reason or declaring him/her as dead;
  • 9) submission by judge of resignation statement or dismissal from office upon his/her own desire.
  • Powers of judge shall be terminated upon his/her death. The State shall ensure personal security of judges and their families.

    Article 127. Justice shall be implemented by professional judges and, in cases determined by law, people's assessors and juries. Professional judges shall not be members of political parties and trade unions, participate in any political activity, have representative mandates, hold any other paid positions, execute other paid work, except scientific, teaching and creative works. A citizen of Ukraine not younger than 25 who has higher legal education and experience in the field of law of not less than three years, has been a resident of Ukraine for not less than ten years and speaks the state language may be recommended by qualification commission of judges for a position of judge.

    Judges of specialized courts shall be persons with professional background in matters of jurisdiction of these courts. These judges shall implement justice only as members of collegiums of judges. Additional requirements to certain categories of judges concerning experience, age and their professional levels shall be established by law.

    Protection of professional interests of judges shall be carried out in compliance with the procedure established by law.

    Article 128. First appointment to a position of a professional judge for a period of five years shall be carried out by the President of Ukraine. All other judges, except judges of the Constitutional Court of Ukraine, shall be elected by the Supreme Rada of Ukraine without limitation of term pursuant to the procedure established by law.

    Chairman of the Supreme Court of Ukraine shall be elected to and removed from the office by secret ballot at a Plenary Meeting of the Supreme Court of Ukraine pursuant to the procedure established by law.

    Article 129. While implementing justice, judges shall be independent, and shall obey the law only.

    Proceedings shall be carried out personally by judges, collegiums of judges or juries.

    Main principles of proceedings shall be:

  • 1) lawfulness;
  • 2) equality of all participants of court procedures before law and courts;
  • 3) ensuring that guilt is proved;
  • 4) competitiveness of parties and their freedom to provide court with their evidence and prove that the evidence is convincing;
  • 5) support of state accusation in court by procurator;
  • 6) ensuring the accused the right to defense;
  • 7) publicity of court proceedings and its complete registration by technical means;
  • 8) ensuring appeals against court decisions, except cases established by law;
  • 9) court decisions are obligatory.
  • Other principles of court proceedings in courts of certain court jurisdictions may also be determined by law.

    Persons guilty of disrespect to court and judge shall incur legal liability.

    Article 130. The State shall ensure financing and proper conditions for operation of courts and activity of judges. Expenses on maintenance of courts shall be individually defined in the State Budget of Ukraine.

    Self-government of judges shall be implemented to solve issues of internal activity of judges.

    Article 131. The Supreme Council of Justice shall act in Ukraine; the following shall belong to its competence:

  • 1) submission of applications on appointment of judges or removal of them from their positions;
  • 2) making decisions concerning violation by judges and procurators of the requirements on incompatibility;
  • 3) disciplinary proceedings against judges of the Supreme Court of Ukraine and judges of higher specialized courts, and consideration of complaints against decisions on disciplinary liability of judges of court of appeal and local courts as well as procurators. The Supreme Council of Justice shall consist of twenty members. The Supreme Rada of Ukraine, the President of Ukraine, Congress of judges of Ukraine, Congress of attorneys of Ukraine, Congress of representatives of higher legal education and scientific institutions shall each appoint to the Supreme Council of Justice three members, and an all-Ukrainian Conference of officers of Procurator's offices shall appoint two members of the Supreme Council of Justice.
  • The Supreme Council of Justice shall include, pursuant to their official positions, the Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine, and the Procurator General of Ukraine.

    SECTION IX

    TERRITORIAL STRUCTURE OF UKRAINE

    Article 132. The territorial structure of Ukraine shall be based on the principle of unity and integrity of state territory, combination of centralization and decentralization during implementation of state power, balance of social and economic development of regions with consideration of their historical, economic, environmental, geographic and demographic peculiarities, ethnic and cultural traditions.

    Article 133. The following shall make the administrative and territorial system of Ukraine: the Autonomous Republic of Crimea, regions, districts, cities, city districts, settlements and villages.

    Ukraine shall include: the Autonomous Republic of Crimea, Vinnytsya, Volyn, Dnipropetrovsk, Donetsk, Zhytomyr, Trans-Carpathian, Zaporizhya, Ivano-Frankivsk, Kyiv, Kirovograd, Lugansk, Lviv, Mykolayiv, Odesa, Poltava, Rivne, Sumy, Ternopil, Kharkiv, Kherson, Khmelnytsk, Cherkasy, Chernivtsi, Chernigiv regions, the cities of Kyiv and Sevastopol.

    The cities of Kyiv and Sevastopol shall have special status which shall be determined by laws of Ukraine.

    SECTION X

    AUTONOMOUS REPUBLIC OF CRIMEA

    Article 134. The Autonomous Republic of Crimea shall be an integral part of Ukraine, and shall solve issues of its competence within the powers determined by the Constitution of Ukraine.

    Article 135. The Autonomous Republic of Crimea shall have the Constitution of the Autonomous Republic of Crimea which shall be adopted by the Supreme Rada of the Autonomous Republic of Crimea and approved by the Supreme Rada of Ukraine by not less than one half of the Constitutional members of the Supreme Rada of Ukraine. Normative and legal acts of the Supreme 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 laws of Ukraine and shall be adopted pursuant to the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine and in observance thereof.

    Article 136. The Supreme Rada of the Autonomous Republic of Crimea shall be the representative body of the Autonomous Republic of Crimea.

    The Supreme Rada of the Autonomous Republic of Crimea shall make decisions and adopt acts within its powers which shall be obligatory in the Autonomous Republic of Crimea. The council of Ministers of the Autonomous Republic of Crimea shall be the Government of the Autonomous Republic of Crimea. The chairman of the Council of Ministers of the Autonomous Republic of Crimea shall be appointed and removed from the office by the Supreme Rada of the Autonomous Republic of Crimea upon coordination with the President of Ukraine.

    Powers, procedure of forming and activity of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be determined by the Constitution and laws of Ukraine, normative and legal acts of the Supreme Rada of the Autonomous Republic of Crimea on matters within its competence.

    Justice shall be implemented in the Autonomous Republic of Crimea by courts which shall belong to the single system of courts of Ukraine.

    Article 137. The Autonomous Republic of Crimea shall carry out normative regulation on the following matters:

  • 1) agriculture and forestry;
  • 2) land improvement and quarries;
  • 3) public works, crafts and trades; charity;
  • 4) city construction and housing;
  • 5) tourism, hotel business, fairs;
  • 6) museums, libraries, theaters, other institutions of culture, historical and cultural preserves;
  • 7) public transportation, motor roads, water pipelines;
  • 8) hunting and fishing;
  • 9) sanitary and therapy services.
  • For reasons of non-conformity of normative and legal acts of the Supreme Rada of the Autonomous Republic of Crimea with the Constitution of Ukraine and the laws of Ukraine the President of Ukraine may terminate validity of these normative and legal acts of the Supreme Rada of the Autonomous Republic of Crimea and simultaneously address the Constitutional Court of Ukraine concerning their constitutionality.

    Article 138. The following shall belong to the competence of the Autonomous Republic of Crimea:

  • 1) calling of election of deputies of the Supreme Rada of the Autonomous Republic of Crimea, approval of membership of election commission of the Autonomous Republic of Crimea;
  • 2) organization and holding of local referendums;
  • 3) management of property that belongs to the Autonomous Republic of Crimea;
  • 4) drawing up, approval and implementation of the budget of the Autonomous Republic of Crimea on the basis of a single taxation and budget policy of Ukraine;
  • 5) drawing up, approval and implementation of programs of the Autonomous Republic of Crimea on matters of social, economic and cultural development, rational use of nature, protection of environment - pursuant to all-state programs;
  • 6) recognition of locations as health resorts; setting up of sanitary control zones of health resorts;
  • 7) participation in ensuring citizens' rights and freedoms, national concord, assistance in protection of legal order and public security;
  • 8) ensuring the use and development of the state and national languages and cultures in the Autonomous Republic of Crimea; protection and use of historical monuments;
  • 9) participation in drawing up and implementation of state programs of returning forcibly displaced peoples;
  • 10) initiation of a state of emergency and setting up of environmental emergency zones in the Autonomous Republic of Crimea and certain locations thereof.
  • Other powers may also be delegated the Autonomous Republic of Crimea by the laws of Ukraine.

    Article 139. The Representative Office of the President of Ukraine shall operate in the Autonomous Republic of Crimea. Its status shall be determined by law of Ukraine.

    SECTION XI

    LOCAL SELF-GOVERNMENT

    Article 140. Local self-government shall be the right of a territorial community - residents of a village or a voluntary association into a village community by inhabitants of several villages, a settlement and a city - to independently solve issues of local importance within the Constitution and laws of Ukraine. Peculiarities of implementation of local self-government in the cities of Kyiv and Sevastopol shall be determined by individual laws of Ukraine.

    Local self-government shall be implemented by territorial community in compliance with the procedure established by law both directly and through bodies of local self-government: village, settlement, city councils and their executive bodies.

    District and regional councils shall be the bodies of local self-government which represent joint interests of territorial communities of villages, settlements and cities. Issues related to organization of management of city districts shall be the competence of city councils.

    Village, settlement, city councils may allow, upon inhabitants' initiative, to set up apartment block, street, quarter and other bodies of self-organization of population, and grant them part of their own competence, finances, and property.

    Article 141. Village, settlement, city councils shall include deputies which shall be elected by residents of villages, settlements and cities on the basis of universal, equal, direct suffrage by secret ballot for a period of four years. Territorial communities shall elect village, settlement city chairmen respectively on the basis of universal, equal, direct suffrage by secret ballot for a period of four years; the chairmen shall be the heads of the councils' executive bodies and preside at the councils' meetings.

    Status of chairmen, deputies and executive bodies of the councils and their powers, procedure of setting up, reorganization, liquidation shall be determined by law.

    Chairman of a district council and chairman of a regional council shall be elected by respective councils and shall be heads of the councils' executive staff.

    Article 142. Movable and immovable property, incomes of local budgets, other money, land, natural resources owned by territorial communities of villages, settlements, cities, city districts as well as objects of their joint ownership managed by district and regional councils shall be the material and financial basis of local self-government.

    Territorial communities of villages, settlements and cities may unite on the basis of agreements objects of public ownership as well as budget money to implement joint projects or jointly finance (maintain) public enterprises, organizations and institutions, set up for these purposes respective bodies and services. The State shall participate in formation of local self-government budget incomes, financially support local self-government. Expenses of bodies of local self-government that arise as a result of decisions of bodies of state power shall be reimbursed by the State.

    Article 143. Territorial communities of villages, settlements and cities shall manage property of public ownership directly or through bodies of local self-government which they formed; approve programs of social, economic and cultural development and supervise their implementation; approve budgets of corresponding administrative and territorial units and supervise their implementation; establish local taxes and duties pursuant to law; ensure holding of local referenda and implementation of their results; set up, reorganize and liquidate public enterprises, organizations and institutions, and supervise their activity; solve other issues of local importance which are within their competence pursuant to law.

    Regional and district councils shall approve programs of social, economic and cultural development of respective regions and districts and supervise their implementation; approve district and regional budgets which are formed on the basis of funds of the state budget for their respective distribution among territorial communities or implementation of joint projects and the money attracted on the basis of agreements from local budgets to implement joint social, economic and cultural programs, and supervise their implementation; solve other issues which are within their competence pursuant to law.

    Individual powers of the bodies of executive power may be granted by law to bodies of local self-government. The State shall finance to full extent implementation of these powers from the money of the State Budget of Ukraine or by transferring individual all-state taxes to local budgets in compliance with the procedure established by law, transfer to bodies of local self-government respective state-owned objects.

    Bodies of local self-government shall be subject to supervision by corresponding bodies of executive power in matters related to implementation of powers of the bodies of executive power.

    Article 144. Bodies of local self-government shall make decisions within the powers determined by law; these decisions shall be obligatory in respective territories.

    For reasons of non-conformity with the Constitution or laws of Ukraine decisions of bodies of local self-government shall be suspended in compliance with the procedure established by law, and claims shall be simultaneously submitted to courts.

    Article 145. Rights of local self-government shall be defended in due course of law.

    Article 146. Other issues of organization of local self-government, formation, activity and liability of bodies of local self-government shall be determined by law.

    SECTION XII

    CONSTITUTIONAL COURT OF UKRAINE

    Article 147. The Constitutional Court of Ukraine shall be a single body of the Constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine shall solve issues on conformity of laws and other legal acts with the Constitution of Ukraine, and shall provide the official interpretation of the Constitution of Ukraine and laws of Ukraine.

    Article 148. The Constitutional Court of Ukraine shall consist of eighteen judges of the Constitutional Court of Ukraine. The President of Ukraine, the Supreme Rada of Ukraine and Congress of judges of Ukraine shall each appoint six judges to the Constitutional Court of Ukraine.

    A citizen of Ukraine who has attained the age of forty as of the day of appointment, has higher legal education and professional experience of not less than ten years, has been a resident of Ukraine during the last twenty years and speaks the state language may be a judge of the Constitutional Court of Ukraine. Judge of the Constitutional Court of Ukraine shall be appointed for a period of nine years without the right to be re-appointed for a second term.

    Chairman of the Constitutional Court of Ukraine shall be elected at a special plenary meeting of the Constitutional Court of Ukraine from among judges of the Constitutional Court of Ukraine by secret ballot only for one period of three years.

    Article 149. Judges of the Constitutional Court of Ukraine shall enjoy guarantees of independence and immunity, be subject to the bases of removing from the office envisaged by Article 126 of this Constitution and incompatibility requirements determined in part two of Article 127 of this Constitution.

    Article 150. The powers of the Constitutional Court of Ukraine shall include:

    1) solving issues of conformity with the Constitution of Ukraine (constitutionality) of:

    These issues shall be considered upon addresses of: the President of Ukraine; not less than forty five People's Deputies of Ukraine; the Supreme Court of Ukraine; the Authorized Representative of the Supreme Rada of Ukraine on Human Rights; the Supreme Rada of the Autonomous Republic of Crimea;

    2) official interpretation of the Constitution of Ukraine and laws of Ukraine;

    The Constitutional Court of Ukraine shall approve decisions on matters envisaged by this Article which shall be obligatory in the territory of Ukraine, final and shall not be appealed against.

    Article 151. The Constitutional Court of Ukraine shall issue, upon application of the President of Ukraine or the Cabinet of Ministers of Ukraine, conclusions on conformity with the Constitution of Ukraine of international treaties of Ukraine in force or those international treaties which are submitted to the Supreme Rada of Ukraine to be approved as obligatory.

    Upon application of the Supreme Rada of Ukraine the Constitutional Court of Ukraine shall provide conclusion on observance of the Constitutional procedure of investigation and consideration of removal of the President of Ukraine from the Office on impeachment.

    Article 152. Laws and other legal acts shall be recognized upon decisions of the Constitutional Court of Ukraine as unconstitutional fully or in part, if they do not comply with the Constitution of Ukraine or if the procedures of their consideration, approval or entry into force established by the Constitution of Ukraine were violated.

    Laws, other legal acts or individual provisions thereof which were recognized as unconstitutional shall become invalid from the day of approval by the Constitutional Court of Ukraine of the decision on their unconstitutionality.

    Material or moral damage caused to physical persons or legal entities by acts and actions which were recognized as unconstitutional shall be indemnified by the State in compliance with the procedure established by law.

    Article 153. Procedures of organizing and carrying out activity of the Constitutional Court of Ukraine, its procedure of considering cases shall be determined by law.

    SECTION XIII

    INTRODUCTION OF AMENDMENTS TO THE CONSTITUTION OF UKRAINE

    Article 154. A bill on introduction of amendments to the Constitution of Ukraine may be submitted to the Supreme Rada of Ukraine by the President of Ukraine or by not less than one third of the Constitutional People's Deputies of Ukraine of the Supreme Rada of Ukraine.

    Article 155. A bill on introduction of amendments to the Constitution of Ukraine, except Section I "General Principles", Section III "Elections. Referendum" and Section XIII "Introduction of amendments to the Constitution of Ukraine" upon prior approval by the majority of the Constitutional members of the Supreme Rada of Ukraine shall be considered as adopted, if not less than two thirds of the Constitutional members of the Supreme Rada of Ukraine voted for it at the next regular session of the Supreme Rada of Ukraine.

    Article 156. A bill on introduction of amendments to Section I "General Principles", Section III "Elections. Referendum" and Section XIII "Introduction of amendments to the Constitution of Ukraine" shall be submitted to the Supreme Rada of Ukraine by the President of Ukraine or not less than two thirds of the Constitutional members of the Supreme Rada of Ukraine, and, if it is adopted by not less than two thirds of the Constitutional members of the Supreme Rada of Ukraine, shall be approved by the all-Ukrainian referendum called by the President of Ukraine. A bill on introduction of amendments to Sections I, III and XIII of this Constitution, because of the same reason shall be submitted a second time only to the Supreme Rada of Ukraine of the next convocation.

    Article 157. The Constitution of Ukraine shall not be amended if amendments envisage cancellation or limitation of human and civil rights and freedoms or if they are aimed at liquidation of independence or violation of territorial integrity of Ukraine. The Constitution of Ukraine shall not be amended during martial law or state of emergency.

    Article 158. A bill on introduction of amendments to the

    Constitution of Ukraine which was considered by the Supreme Rada of Ukraine and the law was not adopted may be submitted to the Supreme Rada of Ukraine not earlier than one year after the day of making the decision with respect to the bill. The Supreme Rada of Ukraine shall not amend twice the same provisions of the Constitution of Ukraine during the period of its powers.

    Article 159. A bill on introduction of amendments to the Constitution of Ukraine shall be considered by the Supreme Rada of Ukraine if conclusion of the Constitutional Court of Ukraine on conformity of the bill with the requirements of Articles 157 and 158 of this Constitution is available.

    SECTION XIV

    FINAL PROVISIONS

    Article 160. The Constitution of Ukraine shall take effect from the day of adoption.

    Article 161. The day of adoption of the Constitution of Ukraine shall be a national holiday - the Day of the Constitution of Ukraine.

    SECTION XV

    TRANSITIONAL PROVISIONS

  • 1. Laws and other legal acts adopted before entry into force of this Constitution shall be valid in the parts which do not contradict the Constitution of Ukraine.
  • 2. Upon adoption of the Constitution of Ukraine the Supreme Rada of Ukraine shall implement powers envisaged by this Constitution.
  • Regular elections to the Supreme Rada of Ukraine shall be held in March of 1998.
  • 3. Regular elections of the President of Ukraine shall be held on the last Sunday of October of 1999.
  • 4. During three years after entry into force of the Constitution of Ukraine, the President of Ukraine shall have the right to issue edicts on economic matters which have not been regulated by laws, approved by the Cabinet of Ministers of Ukraine and signed by the Prime-Minister of Ukraine, and simultaneously submit respective bills to the Supreme Rada of Ukraine in compliance with the procedure established by Article 93 of this Constitution.
  • Such edicts of the President of Ukraine shall take effect if the Supreme Rada of Ukraine does not adopt a law or does not reject submitted bill by the majority of its Constitutional members within thirty calendar days after the day of submission of the bill (except days of inter-session period), and shall remain valid until entry into force of the law adopted by the Supreme Rada of Ukraine on these matters.
  • 5. The Cabinet of Ministers of Ukraine shall be formed pursuant to this Constitution during three months after it takes effect.
  • 6. The Constitutional Court of Ukraine shall be formed pursuant to this Constitution during three months after it takes effect. The Supreme Rada of Ukraine shall interpret laws until the Constitutional Court of Ukraine is formed.
  • 7. Upon entry into force of this Constitution, chairmen of local state administrations shall acquire status of chairmen of local state administrations in compliance with Article 118 of this Constitution, and after chairmen of respective councils have been elected, they shall resign as chairmen of these councils.
  • 8. Upon entry into force of the Constitution of Ukraine, village, settlement, city councils and chairmen thereof shall exercise powers determined by the Constitution until new members of these councils are elected in March of 1998.
  • District and regional councils elected before entry into force of this Constitution shall exercise powers determined by the Constitution until new membership of these councils is formed in compliance with the Constitution of Ukraine.
  • Upon entry into force of this Constitution, city district councils and chairmen thereof shall exercise their powers in compliance with law.
  • 9. Procurator's Office shall continue to supervise, in compliance with the laws in force, observance and application of laws and shall carry out preliminary investigations until entry into force of the laws that regulate state bodies' activity on supervision of observance of laws and until a system of pre-trial investigation is formed and the laws which regulate its activity take effect.
  • 10. Until the laws that stipulate peculiarities of implementation of executive power in the cities of Kyiv and Sevastopol in compliance with Article 118 of this Constitution are adopted, executive power in these cities shall be exercised by respective state administrations.
  • 11. Part one of Article 99 of this Constitution shall take effect upon introduction of the national monetary unit - Hryvna.
  • 12. The Supreme Court of Ukraine and the Supreme Court of Arbitration of Ukraine shall exercise their powers in compliance with the legislation in force of Ukraine until a system of courts of general jurisdiction is formed in Ukraine pursuant to Article 125 of this Constitution, but not longer than five years.
  • Judges of all courts in Ukraine elected or appointed before entry into force of this Constitution shall continue to exercise their powers in compliance with the legislation in force until termination of the period for which they were elected or appointed.
  • Judges whose powers terminated on the day of entry into force of this Constitution shall continue to exercise their powers during one year.
  • 13. The current procedure of arrest, holding in custody and detention of persons suspected of crime as well as the procedure of inspecting and searching dwelling or other possessions of persons shall be observed during five years after entry into force of this Constitution.
  • 14. The use of current military bases in the territory of Ukraine for temporary location of foreign military formations shall be possible under conditions of lease in compliance with the procedure determined by international treaties of Ukraine ratified by the Supreme Rada of Ukraine.
  • The Constitution of Ukraine
  • adopted at the fifth session of the Supreme Rada of Ukraine on June 28, 1996