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