BRAMA
Constitution of Ukraine
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Adopted at the Fifth Session of the Supreme Rada of Ukraine
28 June 1996
Unofficial translation by the
Council of Advisors to the Parliament of Ukraine.
Commissioned by the Secretariat of the Supreme Rada of Ukraine.
PREAMBLE
CHAPTER I GENERAL PRINCIPLES
CHAPTER II THE RIGHTS, FREEDOMS, AND DUTIES OF INDIVIDUALS AND CITIZENS
CHAPTER III ELECTIONS; REFEREND
CHAPTER IV THE SUPREME RADA OF UKRAINE
CHAPTER V THE PRESIDENT OF UKRAINE
CHAPTER VI THE CABINET OF MINISTERS OF UKRAINE;OTHER ORGANS OF EXECUTIVE AUTHORITY
CHAPTER VII THE PROCURACY
CHAPTER VIII THE JUSTICE SYSTEM
CHAPTER IX TERRITORIAL STRUCTURE OF UKRAINE
CHAPTER X THE AUTONOMOUS REPUBLIC OF CRIMEA
CHAPTER XI LOCAL SELF-GOVERNMENT
CHAPTER XII THE CONSTITUTIONAL COURT OF UKRAINE
CHAPTER XIII AMENDING THE CONSTITUTION OF UKRAINE
CHAPTER XIV FINAL PROVISIONS
CHAPTER XV TRANSITIONAL PROVISIONS
- The Supreme Rada of Ukraine on behalf of the Ukrainian nation - Ukrainian citizens of all nationalities,
- expressing the sovereign will of the nation,
- on the basis of the centuries-old history of the establishment of a Ukrainian State and on the basis of the right to self-determination realized by the Ukrainian nation, all the people of Ukraine,
- with a consideration toward securing human rights and freedoms and dignified conditions for human life,
- providing for the strengthening of civil harmony on Ukrainian land,
- striving to develop and strengthen a democratic, social, law-based state,
- recognizing our responsibility before God, our own conscience, past, present, and future generations,
- governed by the Act of Declaration of Ukrainian Independence of 24 August 1991, as approved by a national vote on 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 across its entire territory.
- Ukraine is a unitary state.
- The territory of Ukraine within its current frontiers is indivisible, and inviolable.
ARTICLE 3
- An individual, their life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value.
- Individual rights and freedoms and the guarantee thereof determine the essence and aims of the activity of the State. The State is accountable before the individual for its activity. The establishment and maintenance of individual rights and freedoms is the main duty of the State.
ARTICLE 4
- In Ukraine there is a single citizenship. The bases for the acquisition and termination of Ukrainian citizenship are prescribed by law.
ARTICLE 5
- Ukraine is a republic.
- The people are the only source of power in Ukraine. The people exercise power directly and through the bodies of state power and local self-government.
- The right to determine and amend the constitutional order in Ukraine belongs solely to the people and may not be usurped by the State, its organs or officials.
- No one may usurp the authority of the State.
ARTICLE 6
- State authority in Ukraine is realized on the basis of its division into legislative, executive, and judicial power.
- Organs of the legislative, executive, and judicial power exercise their authority within the limits prescribed by this Constitution and in accordance with the laws of Ukraine.
ARTICLE 7
- Local self-government is recognized and guaranteed in Ukraine.
ARTICLE 8
- The principle of the rule of law shall is recognized and exists in Ukraine.
- The Constitution of Ukraine is the highest legal authority. Laws and other legal acts shall be adopted on the basis of and should correspond to the Constitution of Ukraine.
- Norms found in the Constitution of Ukraine are norms of direct action. Appeals to the court based directly on the Constitution in the defense of the constitutional rights and freedoms of individuals and citizens are guaranteed.
ARTICLE 9
- International treaties currently in force, as ratified by the Supreme Rada of Ukraine, form part of Ukraine's national legislation.
- The conclusion of international treaties which contravene the Constitution of Ukraine is possible only following the introduction of requisite changes to the Constitution of Ukraine.
ARTICLE 10
- The state language in Ukraine is the Ukrainian language.
- The State guarantees the comprehensive development and use of the Ukrainian language in all spheres of society across the entire territory of Ukraine.
- The unfettered development, use, and protection of Russian, other languages of national minorities in Ukraine is guaranteed.
- The State facilitates the learning of languages of international communication.
- The use of languages in Ukraine is guaranteed by the Constitution of Ukraine and is prescribed by law.
ARTICLE 11
- The State shall facilitate the consolidation and development of the Ukrainian nation, its historical consciousness, traditions, and culture, as well the development of the ethnic, cultural, linguistic, and religious attributes of all indigenous peoples and national minorities of Ukraine.
ARTICLE 12
- Ukraine shall attend to the satisfaction of the national, cultural, and linguistic needs of Ukrainians who live beyond the frontiers of the State.
ARTICLE 13
- The land, its minerals, atmosphere, water, and other natural resources which are within the territory of Ukraine, the natural resources of its continental shelf, the exclusive (maritime) economic zone, are the property of the Ukrainian nation. Ownership rights shall be asserted on behalf of Ukrainian nation by organs of state authority and organs of local self-government within the limits prescribed by this Constitution.
- Every citizen has the right to utilize the natural assets which are the property of the nation in accordance with the law.
- Ownership entails responsibility. Ownership should not be used to the detriment of the individual or society.
- The State ensures protection of all forms of ownership rights and management, as well as the social orientation of the economy. All subjects of ownership rights are equal before the law.
ARTICLE 14
- Land is the essential national asset and receives the special protection of the State.
- The right to land ownership is guaranteed. This right is achieved and realized by citizens, legal entities, and the State in accordance with the law.
ARTICLE 15
- Social life in Ukraine is based upon the principles of political, economic, and ideological diversity.
- No ideology may be recognized by the State as compulsory.
- Censorship is prohibited.
- The State guarantees freedom of political activity not prohibited by the Constitution or by the laws of Ukraine.
ARTICLE 16
- Ensuring ecological security and maintaining the ecological equilibrium throughout the territory of Ukraine, overcoming the consequences of the Chornobyl catastrophe - a catastrophe of global significance, and the preservation of the gene pool of the Ukrainian nation is the responsibility of the State.
ARTICLE 17
- The protection of the sovereignty and territorial integrity of Ukraine, ensuring its economic and informational security are the most important functions of the State, and are the concern of all the Ukrainian nation.
- The defense of Ukraine, the protection of its sovereignty, territorial integrity, and inviolability are the responsibility of the Armed Forces of Ukraine.
- Ensuring state security and protection of the state border of Ukraine is the responsibility of specific military formations and law-enforcement organs of the State, the organization and activity of which shall be prescribed by law.
- No one shall use the Armed Forces of Ukraine and other military formations to restrict the rights and freedoms of citizens or with the intent to overthrow the Constitutional order, subvert organs of authority, or obstruct their activity.
- The State shall provide for the social protection of the citizens of Ukraine who are members of the Armed Forces or other military formations, as well as for members of their families.
- The creation and functioning on the territory of Ukraine of any armed formations which are not foreseen by law are prohibited.
- Foreign military bases may not be located on the territory of Ukraine.
ARTICLE 18
- The international political activity of Ukraine is oriented to protect its national interests and security through the maintenance of peaceful and mutually beneficial cooperation with members of the international community according to generally recognized principles and norms of international law.
ARTICLE 19
- The legal order in Ukraine is based on principles according to which no one may be forced to do that which is not foreseen by law.
- The organs of state authority and organs of local self-government and their officials are obligated to work within the limits of their authority and in a manner foreseen by the Constitution and the laws of Ukraine.
ARTICLE 20
- The state symbols of Ukraine are the State Flag of Ukraine, State Coat of Arms of Ukraine, and State Anthem of Ukraine.
- The State Flag of Ukraine - a banner of two equally-sized horizontal bands of blue and yellow.
- Taking into consideration the Small Coat of Arms of Ukraine and the Coat of Arms of the Zaporizka Host, the State Coat of Arms of Ukraine shall be established by a law which shall be adopted by at least a two-thirds majority of the constitutional composition of the Supreme Rada of Ukraine.
- The central component of the Great Coat of Arms of Ukraine is the Royal State Seal of Volodymyr the Great (the Small Coat of Arms of Ukraine).
- The State Anthem of Ukraine - the national anthem based on the music of M. Verbytsky and with words established by a law which shall be adopted by at least a two-thirds majority of the constitutional composition of the Supreme Rada of Ukraine.
- The description of the state symbols of Ukraine and the regulations for their use shall be prescribed by a law which shall be adopted by at least a two-thirds majority of the constitutional composition of the Supreme Rada of Ukraine.
- The capital of Ukraine is the City of Kyiv.
CHAPTER II
THE RIGHTS, FREEDOMS, AND DUTIES
OF INDIVIDUALS AND CITIZENS
ARTICLE 21
- All individuals are free and equal in their dignity and rights. The rights and freedoms of the individuals are inalienable and inviolable.
ARTICLE 22
- The rights and freedoms of the individual and citizen as established by this Constitution are not exclusive.
- Constitutional rights and freedoms are guaranteed and may not be abolished.
- Upon the adoption of new laws or amendments to current laws, current rights and freedoms may not be narrowed or limited.
ARTICLE 23
- Every person has the right to the free development of their own individuality, so long as the rights and freedoms of other individuals are not infringed upon, and has duties before the society, which safeguards the free comprehensive and development of their individuality.
ARTICLE 24
- Citizens have equal Constitutional rights and freedoms and are equal before the law.
- There shall be no privileges or restrictions based upon race, color of skin, political, religious, and other beliefs, sex, ethnic and social origin, wealth, place of residence, on the basis of language or other characteristics.
- The equality of women and men is guaranteed: providing women with opportunities in social-political and cultural activities equal with men, in obtaining education and professional training, at work and in compensation for it; special efforts in labor protection and health protection for women, pension benefits; the creation of conditions which provide women with the opportunity to combine work with motherhood; legal protection, material and moral support of motherhood and childhood, including the provision of paid leave and other privileges to pregnant women and mothers.
ARTICLE 25
- A citizen of Ukraine may not be deprived of citizenship or of the right to change citizenship.
- A citizen of Ukraine may not be expelled from Ukraine or surrendered to another state.
- Ukraine guarantees the protection and defense of its citizens abroad.
ARTICLE 26
- Aliens and stateless persons who reside in Ukraine on a legal basis enjoy the same rights and freedoms and have the same duties as citizens of Ukraine - except in cases prescribed by the Constitution, laws, or international treaties of Ukraine.
- Aliens and stateless persons may be granted asylum according to the procedure prescribed by law.
ARTICLE 27
- Every person has the inalienable right to life.
- No one may voluntarily deprive a person of his life. The duty of the State - to protect the life of the individual.
- Every person has the right to protect his life and health, and the lives and health of other persons against unlawful infringement.
ARTICLE 28
- Every person has the right to have his dignity respected.
- No person may be subjected to torture, violent, inhuman, or degrading treatment or punishment that violates his personal dignity.
- No person may be subjected to medical or scientific experiments without his free consent.
ARTICLE 29
- Every person has the right to freedom and personal inviolability.
- No person may be arrested or held in custody except pursuant to a court order and based only upon reasons and according to procedures established by law.
- In the event of the urgent necessity to prevent or stop a crime, organs authorized by law may hold a person in custody as a temporary preventive measure, the basis for which must be reviewed by a court within seventy-two hours. The detained person is immediately released if he is not presented with a court order regarding his detention within seventy-two hours.
- Every arrested or detained person shall be forthwith informed of the reason for his arrest or detention, apprised of his rights, and have the opportunity to defend himself personally or have legal defense from the moment of his detention.
- At any time, every detained person shall has the right to challenge his detention in court.
- Relatives of an arrested or detained person shall be informed immediately of his arrest or detention.
ARTICLE 30
- Every person is guaranteed the inviolability of his domicile.
- Entry into a domicile or other personal property in order to conduct an examination or search is prohibited except in cases where so ordered by a court.
- In cases of urgency in connection with the preservation of life and property or in the direct pursuit of individuals suspected of committing a crime, there may be other procedures, prescribed by law, for entering a domicile or other personal property in order to conduct an examination or search.
ARTICLE 31
- Every person is guaranteed privacy of mail, telephone conversations, telegraph, and other messages. Exceptions may be established only by the courts in cases, foreseen by law, with the purpose of preventing crimes or to determine the truth in conducting investigation of criminal cases, if it is impossible to obtain the information by other means.
ARTICLE 32
- No person may be subject to interference in his private and family life except cases foreseen by the Constitution of Ukraine.
- Collecting, storing, using, and disseminating confidential information about a person without their consent are prohibited, except for cases prescribed by law, and only in the interests of national security, economic welfare, and individual rights.
- Every citizen has the right to examine information about himself which is in the possession of organs of state authority, organs of local self-government, institutions, and organizations unless it is a state secret or other secret protected by law.
- Every person is guaranteed court protection of the right to rectify incorrect information about himself and members of his family and the right to have any type of information expunged, and the right to be compensated for material and moral injury caused by the collection, storage, use, and dissemination of such incorrect information.
ARTICLE 33
- Every person who is present within the territory of Ukraine on a legal basis is guaranteed freedom of movement, free choice for place of residence, and the right to leave the territory of Ukraine, except for the limitations established by law.
- A citizen of Ukraine may not be deprived at any time of the right to return to Ukraine.
ARTICLE 34
- Every person has the right to freedom of thought and speech, to the free expression of his views and convictions.
- Every person has the right to freely gather, use, and disseminate information orally, in written form, or by other means - at his choice.
- The realization of these freedoms may be limited by law in the interests of national security, territorial integrity, or the public order with the purpose of preventing disturbances or crimes, to protect the health of population, to protect the reputation or rights of other individuals, to prevent the publication of information received confidentially, or to support the reputation and impartiality of justice.
ARTICLE 35
- Every person has the right to freedom of conscience and religion. This right includes the freedom to profess or not to profess a religion, to individually or collectively perform religious rites and rituals, and conduct religious activity.
- The execution of this right may be limited by law and only in the interests of the protection of the public order, the health and morality of the population, or for the protection of the rights and freedoms of other individuals.
- The Church and religious organizations in Ukraine shall be separate from the State, and schools - from the Church. No religion may be recognized as mandatory by the State.
- No one may be relieved from his duties before the State or refuse to obey the law on the basis of his religious beliefs. In the event the performance of military service is contrary to the religious beliefs of a citizen, such duty shall be substituted by alternative (non-military) service.
ARTICLE 36
- Citizens of Ukraine have the right to freely associate in political parties and public organizations for the realization and protection of their rights and freedoms and for the satisfaction of their political, economic, social, cultural, and other interests, except for the restrictions prescribed by law in the interests of national security or public order, the protection of the health of the population, or the protection of the rights and freedoms of other individuals.
- Political parties in Ukraine promote the formation and expression of the political will of citizens, participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties are determined solely by this Constitution and the laws of Ukraine.
- Citizens have the right to membership in professional unions in order to protect their employment and socioeconomic rights and interests. Professional unions are public associations which unite citizens with mutual interests on the basis of their professional activity. Professional unions shall be formed without advance permission on the basis of the free choice of their members. All professional unions have equal rights. Restrictions on membership in professional unions shall be determined solely by this Constitution and the laws of Ukraine.
- No person may be forced to join any public association nor have his rights restricted for membership or non-membership in any political party or public association.
- All associations of citizens are equal before the law.
ARTICLE 37
- The creation and activity of political parties and public organizations, the program objectives or actions of which are directed towards the abolition of the independence of Ukraine, the change of the constitutional order through violence, the abuse of the sovereignty and the territorial integrity of State, undermining its security, the unlawful seizure of state power, war propaganda, violence, the fanning of inter-ethnic, racial, religious hatred, infringement of human rights and freedoms, public health, are prohibited.
- Political parties and public organizations may not form militarized formations.
- The creation and activity of organizational structures of political parties within organs of state executive and judicial authority and executive organs of local self-government, in military formations, and also in state enterprises, in educational institution, and other state institutions and organizations is forbidden.
- The activity of public associations may be prohibited only via court procedure.
ARTICLE 38
- Citizens shall have the right to participate in the administration of state affairs, in all-Ukrainian and local referenda, to freely elect and to be elected to organs of state authority and organs of local self-government.
- Citizens enjoy the equal right of access to state service, as well as to service in organs of local self-government.
ARTICLE 39
- Citizens have the right to assemble peacefully, without arms, and to conduct assemblies, meetings, processions, and demonstrations, following the timely notification of organs of state authority or organs of local self-government.
- Restrictions of the exercise of this right may be prescribed on the basis of a court decision according to the law and only in the interests of national security or public order - with the purpose of preventing disturbances or crimes, to protect the health of population, to protect the rights and freedoms of other individuals.
ARTICLE 40
- Everyone has the right to send individual or joint petitions to organs of state authority and organs of local self-government, and the officials and civil servants of those organs who are required to consider the petitions and provide a reasoned response within the time-limit prescribed by law.
ARTICLE 41
- Every person has the right to control, use, and manage his property, the results of his intellectual, creative work.
- The right to private ownership is obtained according to the procedure prescribed by law.
- To satisfy their needs, citizens may use objects of State and communal property in accordance with law.
- No person may be illegally deprived of the right to ownership. The right of private ownership is inviolable.
- The forced taking of private property may occur only for reasons of a societal necessity, for reasons and according to the procedure prescribed by law, and on the condition of the previous and full compensation of its value.
- The forced taking of private property with subsequent full compensation is permitted only under conditions of martial law or an emergency situation.
- Confiscation of property may only take place based on a court verdict in cases, amounts, and according to the procedure prescribed by law. The use of property shall not restrict the rights, freedoms, and dignity of citizens, the interests of society, aggravate the ecological situation, and the natural quality of land.
ARTICLE 42
- Every person has the right to conduct entrepreneurial activity which is not prohibited by law.
- The entrepreneurial activities of Deputies, officials, and civil servants in organs of state authority and organs of local self-government are restricted by law.
- The State ensures the protection of competition in business activity. The abuse of a monopolistic position in the market, the illegal restriction of competition, and unfair competition are not permitted. The forms and parameters of monopolies are prescribed by law.
- The State protects the rights of consumers and monitors the quality and safety of products, and of all forms of services and work, promotes the activity of public consumer associations.
ARTICLE 43
- Every person has the right to work, including the right to the opportunity to earn one's living by work which he chooses or agrees to freely.
- The State creates conditions for the full exercise of citizens’ right to work, guarantees equal opportunity in the choice of professions and types of work activity, implements programs for professional training, and for the requalification of personnel according to society’s needs.
- The use of forced labor is prohibited. Military or alternative (non-military) service as well as work or service performed by a person pursuant to a court verdict or in accordance with legislation on martial law or emergency situations are not considered forced labor.
- Every person has the right to appropriate, safe, and healthy conditions for work, for compensation at a level not less than that prescribed by law.
- Employing women and minors for work which is dangerous to their health is prohibited.
- Citizens are guaranteed protection against unlawful dismissal.
- The right to timely payment for work is protected by law.
ARTICLE 44
- Those who work have the right to strike for the protection of their economic and social interests.
- The procedure for exercising the right to strike is prescribed by law, taking into account the need to ensure national security, health protection, and the rights and freedoms of other individuals.
- No person may be forced to participate in or not participate in a strike.
- The prohibition of a strike is possible only on the basis of the law.
ARTICLE 45
- Every working person has the right to rest.
- This right is ensured by the provision of weekly rest days, and also annual paid vacation time, the shortening of daily business hours for certain professions and industries, shortened work hours at night.
- The maximum number of working hours, the minimum duration of rest and annual paid vacation, as well as non-working days and holidays, and other conditions for exercising this right shall be prescribed by law.
ARTICLE 46
- Citizens have the right to social security which includes their right of provision, in case of illness, partial or complete disability, loss of the provider, unemployment under circumstances unrelated to their fault, and in old age, and in other instances foreseen by law.
- This right is protected by mandatory social insurance formed on the basis of insurance deposits of citizens, businesses, institutions, and other organizations, and from budgetary and other sources of social security; the creation of a network of state, municipal, and private institutions for caring for individuals unable to work.
- Pensions, and other state expenditures and assistance, which are the primary sources of income, shall provide a standard of living not lower than a minimum living standard established by law.
ARTICLE 47
- Every person has the right to housing. The State creates the conditions for each citizen to have the opportunity to build housing, purchase, or lease it.
- For citizens who need social protection, housing is provided by the State and by local self-government free-of-charge or at an affordable price.
- No person can be forcibly deprived of housing in any way other than by court decision on the basis of law.
ARTICLE 48
- Every person has the right to sufficient living standards for himself and for his family, which includes sufficient food, clothing, and housing.
ARTICLE 49
- Every person has the right to health protection, medical care, and medical insurance.
- Health protection is ensured by State funding of relevant socioeconomic, medical-sanitary, and healing-prophylactic programs.
- The State creates conditions for effective and widely-available medical care for every individual. Medical care is provided free-of-charge in state and communal institutions; the current network of such institutions shall not be limited. The State assists in the development of medical institutions of all forms of ownership.
- The State cares for the development of physical culture and sports, ensures hygienic-epidemiological welfare.
ARTICLE 50
- Every person has the right to a safe and healthy environment and to compensation for damages resulting from the violation of this right.
- Every person is guaranteed the right to free access to information on the environmental situation, the quality of food products and consumer goods, as well as the right to disseminate such information. This information cannot be made secret to anyone.
ARTICLE 51
- Marriage is based upon the free consent of a woman and a man. Both parties to a marriage have equal rights and duties in the marriage and family.
- Parents are obligated to support their children to majority. Adult children are obligated to care for their parents who are incapable of work.
- Family, childhood, motherhood, and fatherhood shall be protected by the State.
ARTICLE 52
- Children shall have equal rights regardless of their origin, as well as whether they are born within marriage or without.
- Any violence against a child or their exploitation is prosecuted by law.
- The maintenance and rearing of orphans and children deprived of parental care is the responsibility of the State. The State encourages and supports charitable work for children.
ARTICLE 53
- Every person shall have the right to education.
- General secondary education is mandatory.
- The State ensures access to free preschool, elementary, general secondary, vocational, and higher education in state and municipal educational establishments; development of preschool, general secondary, after-school activities, vocational, higher, and post-graduate education, various forms of instruction; the provision of state stipends and privileges to pupils and students.
- Citizens have the right to receive free higher education in state and municipal educational institutions on a competitive basis.
- Citizens who are national minorities are guaranteed according to the law the right to instruction in their native language or on the instruction of their native language in state and municipal educational; institutions or via national cultural societies.
ARTICLE 54
- Citizens are guarantied the right to literary, artistic, scholarly, and technical creativity, protection of intellectual property, their copyrights, moral and material interests which arise in relation to various forms of intellectual activity.
- Every citizen has the right to the results of his intellectual, creative work; no one may use or transmit them without his consent, except for the instances determined by law.
- The State promotes the development of scholarship, the establishment of scholarly ties of Ukraine with the international community.
- Cultural heritage is protected by law.
- The State guarantees the preservation of historical monuments and other objects which constitute cultural value, takes measures to return to Ukraine the national cultural treasures which are located beyond its borders.
ARTICLE 55
- The rights and freedoms of individuals and citizens are protected by the courts.
- Every person is guaranteed the right to challenge before the courts the decisions, actions, or the inactivity of organs of state authority, organs of local self-government, officials, and civil servants.
- Every person has the right to appeal for the protection of his rights to the Authorized Representative of the Supreme Rada of Ukraine on Human Rights.
- Every person has the right after exhausting all national means of legal protection to appeal for the protection of his rights and freedoms to relevant international court institutions or to relevant organs of international organizations to which Ukraine is a party or participant.
- Every person has the right to protect his rights and freedoms from violation and illegal infringement by any means not prohibited by law.
ARTICLE 56
- Every person has the right to compensation from the State or local self-government organs for physical or moral injury resulting from unlawful decisions, actions, or the inactivity of organs of state authority, organs of local self-government, their officials and civil servants in the courts of exercising their authority.
ARTICLE 57
- Every person is guaranteed the right to know his rights and responsibilities.
- Laws and other normative-legal acts which determine citizens' rights and responsibilities shall be publicized to the population according to the procedure prescribed by law.
- Laws and other normative-legal acts which determine the citizen's rights and responsibilities, but not publicized according to the procedure prescribed by law, are invalid.
ARTICLE 58
- Laws and other normative-legal acts do not have retroactive legal force except when they diminish or abrogate a person's responsibility.
- No one can be prosecuted for actions which were not considered legal offenses at the time of their performance.
ARTICLE 59
- Every person shall has the right to legal assistance. Such assistance is granted free-of-charge in cases prescribed by law. Every person is free in selecting a protector of his rights.
- To ensure the right of protection against accusation and to provide legal assistance when deciding issues before a court and in other state organs, there exists in Ukraine the practice of law.
ARTICLE 60
- No person is obligated to execute manifestly criminal orders or commands.
- For the issuing or execution of manifestly criminal orders or commands, legal liability arises.
ARTICLE 61
- No person may be prosecuted twice for the same offense.
- The legal liability of person possess an individual character.
ARTICLE 62
- A person is presumed innocent of a crime and cannot be criminally punished until their guilt has been proven through due process according to law and a verdict is issued by a court.
- No person must prove his innocence of the commission of a crime.
- An accusation may not be based upon illegally obtained evidence, as well as assumptions. All doubts about proof of guilt are interpreted for the benefit of the accused.
- In the event a verdict is overturned as unjust, the State compensates material and moral injury resulting from the unfounded conviction.
ARTICLE 63
- A person does not bear responsibility for refusing to offer testimony or explanations about himself, members of his family or close relatives, as described by law.
- The suspected, the accused, and defendants have the right to legal protection.
- A convicted person enjoys all the rights of the individual and citizens except for restrictions prescribed by law and established by a court verdict.
ARTICLE 64
- The constitutional rights and freedoms of individuals and citizens can not be restricted except in cases foreseen by the Constitution of Ukraine.
- In cases of martial law or emergency situations, rights and freedoms may be limited with specific indication of the time-limit of such restrictions. Rights and freedoms envisaged by Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, and 63 of this Constitution may not be restricted.
ARTICLE 65
- Defense of the Fatherland, of the independence and territorial integrity of Ukraine, respect for state symbols is obligatory for the citizens of Ukraine.
- Citizens of Ukraine perform military service in compliance with the law.
ARTICLE 66
- Each person is obligated not to harm the environment, cultural heritage, and pays compensation for the damage he causes.
ARTICLE 67
- Every person is obligated to pay taxes and fees according to the procedure and amounts prescribed by law.
- All citizens annually file financial and income declaration on the previous year with the tax inspector in his place of residence according to the procedure prescribed by law.
ARTICLE 68
- Every person is obligated to unswervingly comply with the Constitution of Ukraine and laws of Ukraine, not to infringe upon the rights and freedoms, honor and dignity of other persons.
- Ignorance of the law does not exempt anyone from legal liability.
CHAPTER III
ELECTIONS; REFERENDA
ARTICLE 69
- The will of the people shall be expressed through elections, referenda, and other forms of direct democracy.
ARTICLE 70
- Citizens of Ukraine who have attained the age of eighteen years on the day when elections and referenda are held shall possess the right to vote.
- Citizens deemed by a court to be incompetent do not have the right to vote.
ARTICLE 71
- Elections to organs of state authority and local self-government are free, and are conducted on the basis of universal, equal, and direct suffrage through secret ballot.
- Voters are guaranteed the free expression of their will.
ARTICLE 72
- An all-Ukrainian referendum may be called by the Supreme Rada of Ukraine or by the President of Ukraine according to their authority as prescribed by this Constitution.
- An all-Ukrainian referendum may be called by popular initiative upon the request of three million citizens who are eligible to vote, on the condition that the signatures supporting the call of a referendum are collected in no less than two-thirds of the provinces [oblasts], and with no less than 100,000 signatures from each province [oblast].
ARTICLE 73
- Issues on altering Ukraine's territory shall be resolved exclusively through an all-Ukrainian referendum.
ARTICLE 74
- A referendum on draft laws on issues of taxation, budget, or amnesty is not permitted.
CHAPTER IV
THE SUPREME RADA OF UKRAINE
ARTICLE 75
- The sole organ of legislative authority in Ukraine shall be the parliament - the Supreme Rada of Ukraine.
ARTICLE 76
- The constitutional composition of the Supreme Rada of Ukraine shall consist of 450 National Deputies of Ukraine who are elected for a four-year term on the basis of universal, equal, and direct suffrage through secret ballot.
- To be elected deputy, an individual must be a citizen of Ukraine, must have attained at least twenty-one years of age on election day, is eligible to vote, and must have resided in Ukraine for at least five of the previous years.
- Any citizen who has previously been convicted for a premeditated criminal offense may not be elected to the Supreme Rada of Ukraine, if such conviction has not been nullified and purged according to the procedure prescribed by law.
- The authorities of the National Deputies of Ukraine are prescribed by the Constitution and laws of Ukraine.
ARTICLE 77
- Regular elections to the Supreme Rada of Ukraine are held on the last Sunday in March in the fourth year of the term of the Supreme Rada of Ukraine.
- Special elections to the Supreme Rada of Ukraine are called by the President of Ukraine and take place within sixty days from the date of the publication of the decision to terminate the authority of the Supreme Rada of Ukraine before the end of its term.
- The procedure for the elections of National Deputies of Ukraine shall be prescribed by law.
ARTICLE 78
- National Deputies of Ukraine exercise their authority on a permanent basis.
- National Deputies of Ukraine may not possess another representative mandate or hold a position in the state service.
- Requirements regarding the incompatibility of Deputy mandates with other forms of activity shall be prescribed by law.
ARTICLE 79
- Upon assuming office, National Deputies of Ukraine swear the following oath before the Supreme Rada of Ukraine:
- "I swear allegiance to Ukraine. I commit myself to protect the sovereignty and independence of Ukraine with all my actions, to care for the well-being of the Fatherland and for the welfare of the Ukrainian nation.
- I swear to obey the Constitution of Ukraine and the laws of Ukraine, to execute my duties in the interests of all fellow countrymen."
- The oath shall be read by the most senior-aged Deputy before the opening of the first session of the newly-elected Supreme Rada of Ukraine, following which Deputies affirm the oath with their signatures under its text.
- Refusal to take the oath results in the loss of the Deputy’s mandate.
- The Deputies’ authority commences from the moment of the swearing of the oath.
ARTICLE 80
- National Deputies of Ukraine are guaranteed Deputy immunity.
- National Deputies of Ukraine are not legally liable for the results of voting or statements made in parliament and its organs, with the exception of liability for insult or defamation.
- National Deputies of Ukraine may not be held criminally liable, detained or arrested without the consent of the Supreme Rada of Ukraine.
ARTICLE 81
- The authority of a National Deputy of Ukraine terminates simultaneously with the expiration of the authority of the Supreme Rada of Ukraine.
- The authority of a National Deputy of Ukraine is terminated prior to the completion of his term in the following cases:
- 1) he relinquishes his authority by personal petition;
- 2) a guilty verdict against him enters into legal force;
- 3) a court declares him incompetent or missing;
- 4) his citizenship is terminated or he departs from Ukraine for permanent residence abroad;
- 5) death.
- A decision by the Supreme Rada of Ukraine on the termination of the authority of a Deputy prior to the completion of his term is adopted by a majority of its constitutional composition.
- In the event the requirement on incompatibility of a National Deputy of Ukraine’s mandate with other forms of activity is not obeyed, his authority is terminated prior to the completion of his term upon the decision of a court as prescribed by law.
ARTICLE 82
- The Supreme Rada of Ukraine works in sessions.
- The Supreme Rada of Ukraine is legally constituted if at least two-thirds of its constitutional composition has been elected.
- The Supreme Rada of Ukraine shall convene for its first session no later than on the thirtieth day after official election results have been announced.
- The first meeting of the Supreme Rada shall be opened by the most senior-aged National Deputy of Ukraine.
- The agenda of the Supreme Rada of Ukraine shall be prescribed by the Constitution of Ukraine and the Law on the Rules and Procedures [Rehlament] of the Supreme Rada of Ukraine.
ARTICLE 83
- Regular sessions of the Supreme Rada of Ukraine shall be convened on the first Tuesday in February and on the first Tuesday in September of each year.
- Special sessions of the Supreme Rada of Ukraine, with a specific agenda, are called by the Chairman of the Supreme Rada of Ukraine at the request of at least one-third of the constitutional composition of the Supreme Rada of Ukraine or at the request of the President of Ukraine.
- In the event of the introduction of martial law or an emergency situation in Ukraine, the Supreme Rada of Ukraine convenes within two days without a specific call to convene .
- In the event of the expiration of the authority of the Supreme Rada of Ukraine during martial law or an emergency situation, its authority continues until the day of the first meeting of the first session of the Supreme Rada of Ukraine which has been elected after the termination of martial law or an emergency situation.
ARTICLE 84
- Meetings of the Supreme Rada of Ukraine are conducted openly. Meetings may be conducted in camera on the basis of a decision of a majority of the constitutional composition of the Supreme Rada of Ukraine.
- Decisions of the Supreme Rada of Ukraine are adopted exclusively during its plenary sessions by voting.
- Voting during meetings of the Supreme Rada of Ukraine are made by a National Deputy of Ukraine personally.
ARTICLE 85
- The authority of the Supreme Rada of Ukraine includes the following:
- 1) introduction of amendments to the Constitution of Ukraine within the parameters and the procedures foreseen by Chapter XIII of this Constitution;
- 2) calling all-Ukrainian referenda on issues foreseen by Article 73 of this Constitution;
- 3) adopting laws;
- 4) adopting the State Budget of Ukraine, monitoring the implementation of the State Budget of Ukraine, and adopting a decision about the report on its implementation;
- 5) determining the principles of domestic and foreign policy;
- 6) approving general state programs on economic, scholarly, technical, social, and national-cultural development, and protection of the environment;
- 7) designating elections to the Presidency of Ukraine within the time-limits foreseen by this Constitution;
- 8) receiving the annual and special reports of the President of Ukraine on the domestic and foreign situation of Ukraine;
- 9) declaring war and concluding peace upon the recommendation of the President of Ukraine, 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 his post according to the special procedure (impeachment), described in Article 111 of this Constitution;
- 11) consideration and adoption of a decision regarding approval of the Activity Program of the Cabinet of Ministers of Ukraine;
- 12) consenting to the appointment by the President of Ukraine of the Prime-Minister of Ukraine;
- 13) monitoring the work of the Cabinet of Ministers of Ukraine in accordance with this Constitution;
- 14) approving decisions on providing loans and economic assistance by Ukraine to foreign countries and international organizations, and also on Ukraine receiving loans from foreign countries, international organizations, banks, and international financial institutions, not foreseen by the State Budget of Ukraine, and monitoring their use;
- 15) appointing or electing, dismissing, consenting to the appointment of and dismissing individuals in cases foreseen by this Constitution;
- 16) appointing and dismissing the Chairman and other members of the Accounting Chamber;
- 17) appointing and dismissing the Authorized Representative of the Supreme Rada of Ukraine on Human Rights; receiving annual reports on the protection of human rights and freedoms in Ukraine;
- 18) appointing and dismissing the Chairman of the National Bank of Ukraine upon the recommendation of the President of Ukraine;
- 19) appointing and dismissing one-half of the membership of the Council of the National Bank of Ukraine;
- 20) appointing one-half of the National Council of Ukraine on Television and Radio Broadcasting;
- 21) appointing and terminating the authority of the members of the Central Electoral Commission on the recommendation of the President of Ukraine;
- 22) approving the general structure, size, responsibilities of the Armed Forces of Ukraine, the Security Service of Ukraine, other military formations established according to the laws of Ukraine, and also the Ministry of Internal Affairs of Ukraine;
- 23) approving decisions on granting military assistance to other countries, and the deployment of units of the Armed Forces of Ukraine to other countries, and permission for units of the armed forces of other countries to enter the territory of Ukraine;
- 24) consenting to the appointment and dismissal by the President of Ukraine of the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine, and the Chairman of the State Committee on Television and Radio Broadcasting;
- 25) consenting to the appointment of the General Procurator of Ukraine by the President of Ukraine; declaring no-confidence in the General Procurator of Ukraine which shall result in his dismissal;
- 26) appointing one-third of the membership of the Constitutional Court of Ukraine;
- 27) electing judges to permanent terms;
- 28) termination of the authority of the Supreme Rada of the Autonomous Republic of Crimea prior to the completion of its term on the basis of a decision by the Constitutional Court of Ukraine on the violation of the Constitution of Ukraine or the laws of Ukraine; calling special elections to the Supreme Rada of the Autonomous Republic of Crimea;
- 29) creating and dissolving regions [rayons], establishing and altering boundaries of regions [rayons] and towns, classifying population centers as cities, naming and renaming population centers and regions [rayons];
- 30) calling regular and special elections to organs of local self-government;
- 31) adopting within two days from the moment a decree is submitted by the President of Ukraine on the introduction of martial law or an emergency situation in Ukraine or in particular areas of its territory, on total or partial mobilization, and on the declaration of specific locations as environmental disaster areas;
- 32) consenting to international treaty obligations and denouncing international treaties of Ukraine within the time-limit prescribed by law;
- 33) performing parliamentary oversight within the parameters prescribed by this Constitution;
- 34) petitioning the President of Ukraine at the request of a National Deputy of Ukraine, a group of National Deputies or a Committee of the Supreme Rada of Ukraine, which has previously received the support of at least one-third of the constitutional composition of the Supreme Rada of Ukraine;
- 35) appointing and dismissing the director of the administration of the Supreme Rada of Ukraine; approving the expenditures of the Supreme Rada of Ukraine and the structure of its administration;
- 36) approving the list of state-owned objects which shall not be made subject to privatization; determining the legal principles for appropriating privately-owned objects.
- The Supreme Rada of Ukraine shall exercise other authority which according to the Constitution of Ukraine has been ceded to its jurisdiction.
ARTICLE 86
- During a session of the Supreme Rada of Ukraine, a National Deputy of Ukraine has the right to present an interrogatory before organs of the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine, administrators of other organs of state authority and organs of local self-government, as well as administrators of enterprises, institutions, and organizations located within the territory of Ukraine independent of their subordination and form of ownership.
- Administrators of organs of state authority and organs of local self-government, enterprises, institutions, and organizations are obligated to apprise the National Deputy of Ukraine of the results of the review of his interrogatory.
ARTICLE 87
- The Supreme Rada of Ukraine on the proposal of no less than one-third of its constitutional composition may consider the question of the accountability of the Cabinet of Ministers of Ukraine and adopt a resolution on no confidence in the Cabinet of Ministers of Ukraine by a majority of the constitutional composition of the Supreme Rada of Ukraine.
- The issue of accountability of the Cabinet of Ministers may not be considered more than once during a single, regular session, and within the year following the approval of the Activity Program Cabinet of Ministers.
ARTICLE 88
- The Supreme Rada of Ukraine elects a Chairman of the Supreme Rada of Ukraine, the First Deputy and Deputy Chairman of the Supreme Rada of Ukraine from amongst its members and recalls them:
- The Chairman of the Supreme Rada of Ukraine:
- 1) presides at meetings of the Supreme Rada of Ukraine;
- 2) organizes the preparation of issues for consideration at meetings of the Supreme Rada of Ukraine;
- 3) signs acts adopted by the Supreme Rada of Ukraine;
- 4) represents the Supreme Rada of Ukraine in relations with other organs of state authority in Ukraine and with organs of authority in other states;
- 5) organizes the work of the administration of the Supreme Rada of Ukraine.
- The Chairman of the Supreme Rada of Ukraine exercises authority foreseen by this Constitution and according to the procedure prescribed by the Law on the Rules and Procedures [Rehlament] of the Supreme Rada of Ukraine.
ARTICLE 89
- The Supreme Rada of Ukraine approves a list of committees of the Supreme Rada of Ukraine, elects chairmen of these committees.
- Committees of the Supreme Rada of Ukraine perform legislative drafting work, prepare, and conduct preliminary consideration of issues within the authority of the Supreme Rada of Ukraine.
- The Supreme Rada within the limits of its authority may create temporary special commissions for the preparation and preliminary consideration of issues.
- The Supreme Rada of Ukraine creates temporary commissions of inquiry shall be created by the Supreme Rada of Ukraine for the study of issues in the public interest if their creation receives the votes of at least one-third of the constitutional composition of the Supreme Rada of Ukraine.
- Conclusions and recommendations of temporary commissions of inquiry are not decisive for investigations and the courts.
- The organization and the work procedure of the committees of the Supreme Rada of Ukraine, its temporary special commissions and temporary commissions of inquiry are prescribed by law.
ARTICLE 90
- The authority of the Supreme Rada is terminated on the date of the opening of the first meeting of the Supreme Rada of a new convocation.
- The President of Ukraine may terminate the authority of the Supreme Rada of Ukraine prior to the completion of its term if within thirty days of a single, regular session plenary sessions cannot be convened.
- The authority of the Supreme Rada of Ukraine is been elected during special elections held following the termination prior to the expiration of the term of the authority of the Supreme Rada of Ukraine of the previous convocation, may not be terminated within one year of its election.
- The authority of the Supreme Rada of Ukraine can not be terminated prior to the completion of its term within the last six months of the term of authority of the President of Ukraine.
ARTICLE 91
- The Supreme Rada of Ukraine adopts laws, resolutions, and other acts by a majority of its constitutional composition, except for cases foreseen by this Constitution.
ARTICLE 92
- The following is to be determined solely by the laws of Ukraine:
- 1) the rights and freedoms of individuals and citizens, guarantees of these rights and freedoms; the main duties of a citizen;
- 2) citizenship, the legal status 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 for the utilization of natural resources, the exclusive (maritime) economic zone, the continental shelf, exploration of outer space, organization and exploitation of power supply systems, transportation, and communication;
- 6) the bases of social protection, the forms and types of pension welfare; the principles of labor and employment regulation, marriage, family, the protection of childhood, motherhood, and fatherhood; rearing, education, culture, and health care; ecological security;
- 7) the legal status of property;
- 8) the legal fundamentals and guarantees of entrepreneurship; the rules of competition and norms of antimonopoly regulation;
- 9) the principles of foreign affairs, foreign economic activity, and customs matters;
- 10) the fundamentals of regulation of the demographic and migration processes;
- 11) the fundamentals of the establishment and activity of political parties, other public organizations, the means of mass media;
- 12) the organization and activity of the organs of executive authority, the fundamentals of state service, the organization of state statistics and information;
- 13) the territorial system of Ukraine;
- 14) the court system, justice system, the status of judges, the fundamentals of court examination, the organization and activity of the Procuracy, inquiry and investigatory organs, the notary service, penal organs and institutions; the fundamentals of the organization and activity of advocates;
- 15) the fundamental principles of local self-government;
- 16) the status of the capital of Ukraine; the special status of other cities;
- 17) the bases of national security, the organization of the Armed Forces of Ukraine, and the preservation of civil order;
- 18) the legal status of state borders;
- 19) the legal status of states of martial law and emergency situations, and areas of emergency ecological situations;
- 20) the organization and order of the holding elections and referenda;
- 21) the organization and activity of the Supreme Rada of Ukraine, the legal status of National Deputies of Ukraine;
- 22) the principles of civil-legal liability; criminal actions, administrative or disciplinary offenses, and responsibility for them.
- The following are to be established solely by the laws of Ukraine:
- 1) the State Budget and budget system of Ukraine; taxation system, taxes, and fees; the principles of the creation and functioning of fiscal, monetary, credit, and investment markets; the status of the national currency, and also the status of foreign currency within the territory of Ukraine; the procedure for the formation and payment of domestic and foreign state debt; the procedure for the emission and circulation of state securities, their character and types;
- 2) the procedure for dispatching units of the Armed Forces of Ukraine to other states; the procedure for entry permission and the terms for the deployment of units of the armed forces of other countries within the territory of Ukraine;
- 3) units of weight, measurement, and time; procedure of determining state standards;
- 4) the procedure for the use and protection of state symbols;
- 5) state awards;
- 6) military ranks, diplomatic ranks, and other special titles;
- 7) state holidays;
- 8) the creation and procedure for the functioning of free and other special zones, which have different economic or migration status from other areas.
- Amnesty shall be decreed according to the law of Ukraine.
ARTICLE 93
- The right of legislative initiative in the Supreme 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 determined by the President of Ukraine to be urgent shall be considered by the Supreme Rada of Ukraine out-of-turn.
ARTICLE 94
- Laws shall be signed by the Chairman of the Supreme Rada of Ukraine and shall be transmitted forthwith to the President of Ukraine
- Within fifteen days following the receipt of a law, the President of Ukraine signs it, begins implementing it, and officially promulgates it or returns the law with his reasoning and proposals for repeat consideration by the Supreme Rada of Ukraine.
- In the event the President, within the established time-limits, has not returned the law for reconsideration, the law is considered approved by the Present of Ukraine and should be signed and officially promulgated.
- If during the repeat consideration of the law the Supreme Rada of Ukraine readopts the law by no less than two-thirds of its constitutional composition, the President of Ukraine is obligated to sign it and officially promulgate it within ten days.
- The law enters into legal force within ten days of its official promulgation unless otherwise foreseen by the law itself, but no earlier than its publication.
ARTICLE 95
- The budget system of Ukraine is based on the fair and unprejudiced allocation of social wealth among citizens and territorial communities.
- All expenditures of the State for social needs, their levels, and purpose are determined solely by the Law on the State Budget of Ukraine.
- The State aspires to a balanced budget for Ukraine.
- Regular reports on revenues and expenditures of the State Budget of Ukraine shall be promulgated.
ARTICLE 96
- The State Budget of Ukraine is adopted annually by the Supreme Rada of Ukraine for the period from 1 January to 31 December, and in special circumstances - for an alternate period.
- The Cabinet of Ministers of Ukraine shall submit a draft law on the State Budget of Ukraine for the following year to the Supreme Rada of Ukraine no later than 15 September. The draft law is submitted together with a report on the implementation of the State Budget of the current year.
ARTICLE 97
- The Cabinet of Ministers of Ukraine submits to the Supreme Rada of Ukraine a report on the implementation of the State Budget of Ukraine in accordance with the law.
- The submitted report shall be promulgated.
ARTICLE 98
- Oversight of the utilization of fiscal resources of the State Budget of Ukraine is conducted by the Accounting Chamber on behalf of the Supreme Rada of Ukraine.
ARTICLE 99
- The monetary unit of Ukraine is the hryvnya
- Providing for stability of the currency is the primary function of the central state bank - The National Bank of Ukraine.
ARTICLE 100
- The Council of the National Bank of Ukraine develops the fundamental principles of monetary-credit policy and shall oversee the implementation of this policy.
- The legal status of the Council of the National Bank of Ukraine is determined by law.
ARTICLE 101
- Parliamentary oversight of the protection of constitutional rights and freedoms of individuals and citizens is conducted by the Authorized Representative of the Supreme Rada of Ukraine on Human Rights.
CHAPTER V
THE 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, the territorial integrity of Ukraine, compliance with the Constitution of Ukraine, and the rights and freedoms of individuals and citizens.
ARTICLE 103
- The President of Ukraine is elected by citizens of Ukraine on the basis of universal, equal, and direct suffrage via secret ballot for a five-year term .
- A citizen of Ukraine who has attained the age of thirty-five years, has the right to vote, has lived in Ukraine for the previous ten years prior to the date of elections, and is fluent in the state language may be elected President of Ukraine.
- The same person may not serve as President of Ukraine for more than two consecutive terms.
- The President of Ukraine may not hold another representative mandate, occupy a position in organs of state authority and public associations, as well as perform any other paid work or entrepreneurial activity, or be a member of the leading organ or board of directors of a profit-based business.
- Regular elections of the President of Ukraine are held on the last Sunday of October during the fifth year of the term of the President of Ukraine. In the event of the termination of the authority of the President prior to the expiration of his term, Presidential elections are conducted within ninety days from the date of expiration of his term.
- The procedure for conducting elections of the President of Ukraine are prescribed by law.
ARTICLE 104
- A newly-elected President of Ukraine assumes office no later than thirty days after the official election results are announced, from the moment of his taking the oath before the nation at a ceremonial meeting of the Supreme Rada of Ukraine.
- The Chairman of the Constitutional Court of Ukraine accepts the oath of the President of Ukraine.
- The President of Ukraine takes the following oath:
- "I, (name and surname), elected as President of Ukraine by the will of the people, assuming this high position, solemnly swear allegiance to Ukraine. I commit myself to protect the sovereignty and independence of Ukraine with all my actions, to care for the well-being of the Fatherland and for the welfare of the Ukrainian nation, to protect the rights and freedoms of citizens, obey the Constitution of Ukraine and laws of Ukraine, to execute my duties in the interests of all fellow countrymen, and to raise the reputation of Ukraine throughout the world."
- When elected on the basis of a special election, the President of Ukraine 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 his authority.
- Persons guilty of infringing upon the honor and dignity of the President of Ukraine are liable according to the law.
- The rank of President of Ukraine is protected by law and shall be held by him forever unless the President of Ukraine was removed from office via impeachment.
ARTICLE 106
- The President of Ukraine:
- 1) safeguards independence, national security, and legal succession of the State;
- 2) appeals to the people with statements, as well as with annual and extraordinary messages to the Supreme Rada of Ukraine on the domestic and foreign situation of Ukraine;
- 3) represents the State in foreign relations, manages the foreign political activity of the State, conducts negotiations and concludes international treaties of Ukraine;
- 4) makes decisions on the recognition of foreign states;
- 5) appoints and dismisses the chiefs of diplomatic missions of Ukraine in other states and in international organizations; accepts and withdraws the credentials of diplomatic representatives of foreign states;
- 6) calls all-Ukrainian referenda on amendments to the Constitution of Ukraine according to Article 156 of this Constitution, calls national referenda by popular initiative;
- 7) calls special elections of the Supreme Rada of Ukraine within the time-limits prescribed by this Constitution;
- 8) terminates the authority of the Supreme Rada of Ukraine if within thirty days of a single, regular session plenary sessions cannot be convened;
- 9) appoints the Prime-Minister of Ukraine with the consent of the Supreme Rada of Ukraine; dismisses the Prime-Minister of Ukraine and decides the issue of his resignation;
- 10) on the recommendation of the Prime-Minister of Ukraine appoints members of the Cabinet of Ministers of Ukraine, heads of other central organs of executive authority, as well as heads of the local state administrations and dismisses him;
- 11) appoints the General Procurator of Ukraine upon the consent of the Supreme Rada of Ukraine and dismisses them;
- 12) appoints one-half of the membership of the Council of the National Bank of Ukraine;
- 13) appoints one-half of the National Council of Ukraine on Television and Radio Broadcasting;
- 14) appoints and dismisses 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 upon the consent of the Supreme Rada of Ukraine;
- 15) creates, reorganizes, and liquidates ministries and other central organs of executive authority upon the recommendation of the Prime-Minister of Ukraine, within the limits of funds allocated for the maintenance of these organs;
- 16) revokes acts of the Cabinet of Ministers of Ukraine and those of the Council of Ministers of the Autonomous Republic of Crimea;
- 17) is the Commander-in-Chief of the Armed Forces of Ukraine; appoints and dismisses the senior command of the Armed Forces of Ukraine, and other military formations; exercises leadership in the areas of national security and state defense;
- 18) heads the National Security and Defense Council of Ukraine;
- 19) submits proposals to the Supreme Rada of Ukraine on declarations of war and makes decisions on the use of the Armed Forces of Ukraine in the event of armed aggression against Ukraine;
- 20) in the event of a threat of aggression, or a hazard regarding the state independence of Ukraine, adopts a decision on the total or partial military mobilization and introduction of martial law in Ukraine or in particular areas of its territory as prescribed by law;
- 21) announces in cases of necessity an emergency situation in Ukraine or in particular areas of its territory; in cases of necessity declares certain territories of Ukraine to be extraordinary ecological situation areas - with these decisions to be subsequently confirmed by the Supreme Rada of Ukraine;
- 22) appoints one-third of the membership of the Constitutional Court of Ukraine;
- 23) creates courts according to the procedure prescribed by law;
- 24) confers senior military ranks, senior diplomatic ranks, other senior special titles and class orders;
- 25) confers state awards; establishes presidential distinctions and confers them;
- 26) makes decisions on the granting citizenship of Ukraine and the termination of citizenship of Ukraine, and on the granting of asylum;
- 27) grants pardons;
- 28) within the limits of funds allocated in the State Budget of Ukraine for the exercise of his authority, establishes consultative, advisory, and other auxiliary organs and services;
- 29) signs laws adopted by the Supreme Rada of Ukraine;
- 30) has the right to veto laws adopted by the Supreme Rada of Ukraine with subsequent resubmission of them for consideration by the Supreme Rada of Ukraine;
- 31) exercises other authority foreseen by the Constitution of Ukraine.
- The President of Ukraine may not transfer his authority to other individuals or organs.
- The President of Ukraine, on the basis of and for the implementation of the Constitution and laws of Ukraine, issues decrees and directives which are binding throughout the territory of Ukraine.
- The acts of the President issued within the limits of the authority foreseen in paragraphs 3, 4, 5, 8, 10, 14, 17, 18, 21, 22, 23, and 24 of this Article are confirmed by the signature of the Prime-Minister of Ukraine and the relevant minister responsible for the acts and their implementation.
ARTICLE 107
- The National Security and Defense Council of Ukraine is the coordinating organ of the President of Ukraine on matters of state security and defense.
- The National Security and Defense Council of Ukraine coordinates and monitors the activity of organs of executive authority in the area of national security and defense.
- The President of Ukraine is the Chairman of the National Security and Defense Council.
- The composition of the National Security and Defense Council of Ukraine is determined by the President of Ukraine.
- The Prime-Minister of Ukraine, the Minister of Defense of Ukraine, the Chairman of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine, and the Minister of Foreign Affairs of Ukraine are ex officio members of the National Security and Defense Council.
- The Chairman of the Supreme Rada of Ukraine may participate in meetings of the National Security and Defense Council of Ukraine.
- Decisions of the National Security and Defense Council of Ukraine are given legal force on the basis of decrees of the President of Ukraine.
- The jurisdiction and functions of the National Security and Defense Council of Ukraine are determined by law.
ARTICLE 108
- The President of Ukraine exercises his authority until a newly-elected President of Ukraine enters office.
- The authority of the President of Ukraine are terminated prior to the expiration of his term in the event of:
- 1) resignation;
- 2) inability to exercise his authority for reasons of health;
- 3) dismissal by impeachment;
- 4) death.
ARTICLE 109
- The resignation of the President of Ukraine enters into legal force at the moment when the application for resignation has been announced by him personally at a meeting of the Supreme Rada of Ukraine.
ARTICLE 110
- The inability of the President of Ukraine to exercise his authority for reasons of health is determined at a meeting of the Supreme Rada of Ukraine and confirmed by a majority of its constitutional composition upon the written petition of the Supreme Court of Ukraine - on the basis of an appeal by the Supreme Rada of Ukraine, and medical certification.
ARTICLE 111
- The President of Ukraine may be removed from office by the Supreme Rada of Ukraine by impeachment in the event of the commission of state treason or another crime.
- The issue on the removal of the President of Ukraine from office by impeachment is initiated by a majority of the constitutional composition of the Supreme Rada of Ukraine.
- To conduct an investigation, the Supreme Rada of Ukraine creates a special temporary commission of inquiry, which includes a special procurator and special investigators .
- Decisions and recommendations of the temporary commission of inquiry are considered at a session of the Supreme Rada of Ukraine.
- For cause, the Supreme Rada of Ukraine by no less than a two-thirds majority of its constitutional composition adopts a decision on the indictment of the President of Ukraine.
- A decision on the removal of the President of Ukraine from office by impeachment is adopted by the Supreme Rada of Ukraine by no less than three-fourths of its constitutional composition after an examination of the case by the Constitutional Court of Ukraine and after receiving its opinion on the faithful execution of constitutional investigation and examination procedures on impeachment, and after receiving an opinion of the Supreme Court of Ukraine that the acts of which the President of Ukraine is accused of, contain elements of state treason or another crime.
ARTICLE 112
- In the event of the termination of the authority President of Ukraine on the basis of Articles 108, 109, 110, and 111 of this Constitution, the Prime-Minister of Ukraine executes the duties of the President of Ukraine until the election and the entry into office of a new President of Ukraine. While exercising his authority as acting President of Ukraine, the Prime-Minister of Ukraine may not exercise the authority provided for in paragraphs 2, 6, 8, 10, 11, 12, 14, 15, 16, 22, 25, 27 of Article 106 of the Constitution of Ukraine.
CHAPTER VI
THE CABINET OF MINISTERS OF UKRAINE;
OTHER ORGANS OF EXECUTIVE AUTHORITY
ARTICLE 113
- The Cabinet of Ministers of Ukraine is the highest organ within the system of organs of executive authority.
- The Cabinet of Ministers is responsible before the President of Ukraine and is monitored by and accountable to the Supreme Rada of Ukraine, within the limits provided for by Articles 85 and 87 of the Constitution of Ukraine.
- The Cabinet of Ministers of Ukraine in its activities shall be guided by the Constitution and laws of Ukraine, and acts of the President of Ukraine.
ARTICLE 114
- The Cabinet of Ministers of Ukraine consists of the Prime-Minister of Ukraine, a First Vice Prime-Minister, three Vice Prime-Ministers, and ministers.
- The Prime-Minister is appointed by the President of Ukraine upon the consent of more than one-half of the constitutional composition of the Supreme Rada of Ukraine.
- The individual composition of the Cabinet of Ministers of Ukraine is appointed by the President of Ukraine upon the recommendation of the Prime-Minister of Ukraine.
- The Prime-Minister manages the work of the Cabinet of Ministers of Ukraine, directs it towards the implementation of the Activity Program of the Cabinet of Ministers of Ukraine, as approved by the Supreme Rada of Ukraine.
- The Prime-Minister of Ukraine submits proposals to the President of Ukraine on the creation, reorganization, and liquidation of ministries and other central bodies of executive authority, within the limits of funds allocated in the State Budget of Ukraine for the maintenance of these organs.
ARTICLE 115
- The Cabinet of Ministers of Ukraine resigns when a new President of Ukraine is elected.
- The Prime-Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine have the right to present their resignation to the President of Ukraine.
- The resignation of the Prime-Minister results the resignation of the whole Cabinet of Ministers of Ukraine.
- The adoption of a resolution of no-confidence in the Cabinet of Ministers of Ukraine by the Supreme Rada of Ukraine results in the resignation of the Cabinet of Ministers of Ukraine.
- When the resignation of the Cabinet of Ministers of Ukraine has been accepted by the President of Ukraine, by his order it shall continue to exercise its authority until the work of a newly-formed Cabinet of Ministers of Ukraine has commenced, but for no more than sixty days.
- The Prime-Minister of Ukraine is required to submit the resignation of the Cabinet of Ministers of Ukraine to the President of Ukraine following a decision by the President of Ukraine or following a resolution of no-confidence by the Supreme Rada of Ukraine.
ARTICLE 116
- The Cabinet of Ministers of Ukraine:
- 1) guarantees the state sovereignty and economic independence of Ukraine, implementation of the domestic and foreign policy of the State, implementation of the Constitution and laws of Ukraine, and acts of the President of Ukraine;
- 2) takes measures to ensure the rights and freedoms of individuals and citizens;
- 3) ensures the implementation of financial, price, investment, and revenue policies as well as policies regarding the population's labor and employment, social protection, education, scholarship, and culture, protection of the environment, ecological safety, and the utilization of natural resources.
- 4) organizes and implements overall national programs regarding the economic, scholarly, technological, social, and cultural development of Ukraine;
- 5) ensures equal conditions for the development of all forms of ownership; manages state property as prescribed by the law;
- 6) develops the draft Law on the State Budget and ensures the implementation of the State Budget of Ukraine as adopted by the Supreme Rada of Ukraine, and submits a report on its implementation to the Supreme Rada of Ukraine;
- 7) takes measures to ensure the defense capability and national security of Ukraine, civil order, and the fight against crime;
- 8) organizes and ensures the implementation of the foreign economic policy of Ukraine and customs affairs;
- 9) directs and coordinates the work of ministries and other organs of executive authority;
- 10) exercises other authority provided for by the Constitution and laws of Ukraine and acts of the President of Ukraine.
ARTICLE 117
- Within the limits of its authority, the Cabinet of Ministers of Ukraine issues rulings and regulations which are mandatory.
- Acts of the Cabinet of Ministries of Ukraine shall be signed by the Prime-Minister of Ukraine.
- Normative-legal acts of the Cabinet of Ministers of Ukraine, ministries, and other central organs of executive authority shall be registered according to the procedure prescribed by law.
ARTICLE 118
- Executive authority in the provinces [oblasts] and regions [rayons], the cities of Kyiv and Sevastopol, shall be exercised by local state administrations.
- Particular aspects on the exercise of executive authority in the cities of Kyiv and Sevastopol shall be prescribed by separate laws of Ukraine.
- The composition of local state administrations shall be formed by the heads of local state administrations.
- Heads of local state administrations shall be appointed and dismissed by the President of Ukraine upon the recommendation of the Cabinet of Ministers of Ukraine.
- When performing their duties, the heads of local state administrations are responsible to the President of Ukraine and to the Cabinet of Ministers of Ukraine, accountable to and monitored by organs of higher-ranking executive authority.
- Local state administrations are accountable to and monitored by the councils in those authorities delegated to them by the regional [rayon] or provincial [oblast] council.
- Local state administrations are accountable to and monitored by the organs of higher-ranking executive authority.
- Decisions of local state administrations which contravene the Constitution and laws of Ukraine, other legislative acts of Ukraine may be nullified by the President of Ukraine as prescribed by law, or by the head of the higher-ranking local state administration.
- Provincial [oblast] or regional [rayon] councils can express a lack of confidence in the head of a relevant local state administration, on the basis of which the President of Ukraine shall adopt a decision and state the basis for his response.
- If two-thirds of the members of the relevant council express their lack of confidence in the head of a regional [rayon] or provincial [oblast] administration, the President adopts a decision on the dismissal of the head of the local state administration.
ARTICLE 119
- Local state administrations within their relevant territory ensure:
- 1) the implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, and other organs of executive authority;
- 2) lawfulness and law and order; safeguarding the rights and freedoms of citizens;
- 3) the implementation of state and local programs of socioeconomic and cultural development, environmental protection programs, and in areas of the compact residence of indigenous peoples and national minorities - programs of their national-cultural development as well;
- 4) the development and implementation of the relevant provincial [oblast] and regional [rayon] budgets;
- 5) reporting on the implementation of relevant budgets and programs;
- 6) cooperation with organs of local self-government;
- 7) implementation of other responsibilities delegated by the State, as well as by the relevant councils.
ARTICLE 120
- Members of the Cabinet of Ministers of Ukraine, heads of central and local organs of executive authority do not have the right to combine their official activity with other work, except for instructional, scholarly, and creative work after hours, belong to a leading organ or board of directors of a profit-based business.
- The organization, responsibilities, and work procedure of the Cabinet of Ministers of Ukraine, other central and local organs of executive authority shall be prescribed by the Constitution and laws of Ukraine.
CHAPTER VII
THE PROCURACY
ARTICLE 121
- The Procuracy of Ukraine consists of a single system with the following responsibilities:
- 1) state prosecution in court;
- 2) representation of the interests of citizens or the State in courts in cases foreseen by law;
- 3) oversight of the legality of actions of organs which conduct investigations, inquiries, pretrial investigation;
- 4) oversight of the legality of actions accompanying the enforcement of court decisions in criminal cases, as well as during the implementation of other compulsory measures related to the restriction of the personal freedom of citizens.
ARTICLE 122
- The Procuracy of Ukraine is headed by the General Procurator, who shall be appointed with the consent of the Supreme Rada of Ukraine and who shall be dismissed by the President of Ukraine. The Supreme Rada of Ukraine may adopt a vote of no confidence in the General Procurator of Ukraine which results in his dismissal.
- The term of the General Procurator of Ukraine is five years.
ARTICLE 123
- The organization and the procedure for the activity of the organs of the Procuracy of Ukraine shall be prescribed by law.
CHAPTER VIII
THE JUSTICE SYSTEM
ARTICLE 124
- Justice in Ukraine is administered solely by courts. The delegation of court functions, as well as their usurpation by other organs and officials is not allowed.
- Courts have jurisdiction over all legal relations which develop in the State.
- Justice is administered by the Constitutional Court of Ukraine and by courts of general jurisdiction.
- People directly participate in the administration of justice through people’s adjudicators and juries.
- Court verdicts shall be made on behalf of Ukraine and are mandatory for enforcement throughout the territory of Ukraine.
ARTICLE 125
- The court system of general jurisdiction in Ukraine is based upon principles of territoriality and specialization.
- The Supreme Court of Ukraine is the highest judiciary organ of general jurisdiction.
- Relevant higher courts are the highest judiciary organs of the specialized courts.
- Appellate courts and local courts shall function according to law.
- The establishment of extraordinary and special courts is prohibited.
ARTICLE 126
- The independence and immunity of judges is guaranteed by the Constitution and laws of Ukraine.
- It is prohibited to influence judges in any manner.
- A judge may not be detained or arrested without the consent of the Supreme Rada of Ukraine until a court verdict of guilty.
- Judges hold their position permanently, except for justices of the Constitutional Court and judges appointed for the first time.
- Judges shall be dismissed by the organ which appointed them in the following events:
- 1) termination of their term of appointment or election;
- 2) the judge’s attainment of the age of sixty-five years;
- 3) inability to exercise his authority for health reasons;
- 4) violation of the requirements on incompatibility;
- 5) violation of the judges’ oath;
- 6) when a court's guilty verdict against the judge enters into legal force;
- 7) his loss of citizenship;
- 8) the recognition of him as having disappeared or deceased;
- 9) his own petition for dismissal or resignation from his position.
- The authority of judges shall be terminated in the event of death.
- The State ensures the personal security of judges and their families.
ARTICLE 127
- Justice shall be administered by professional judges and, in cases stipulated by law, by people’s adjudicators and juries.
- Professional judges may not belong to political parties and trade unions, shall not participate in any political activity, shall not have a representative mandate, may not hold any other paid position, perform other paid work except that which is scholarly, instructional, and creative.
- A citizen of Ukraine who is at least twenty-five years old, has higher legal education and at least three years’ work experience in the field of law, has resided in Ukraine for at least ten years, and speaks the state language, may be recommended by the Qualifications Commission of Judges to the position of judge.
- Individuals who have professional training in the sphere of jurisprudence of the relevant courts may be appointed as judges of specialized courts. These judges shall administer justice only as part of a collegium of judges.
- Requirements for separate categories of judges regarding experience, age, and professional level shall be prescribed by law.
- Protection of the professional interests of judges shall be made according to the procedure prescribed by law.
ARTICLE 128
- The first appointment to the position of professional judge shall be made by the President of Ukraine for a five-year term. All other judges except for justices of the Constitutional Court of Ukraine shall be elected by the Supreme Rada of Ukraine and shall perform their duties permanently according to the procedure prescribed by law.
- The Chairman of the Supreme Court of Ukraine shall be elected and dismissed by the Plenum of the Supreme Court of Ukraine via secret ballot according to the procedure prescribed by law.
ARTICLE 129
- During administration of justice, judges are independent and obey only the law.
- Justice shall be administered by a judge individually, within a collegium of judges, or by a jury.
- The main principles of the system of justice are the following:
- 1) legality;
- 2) the equality of all parties to a court procedure before the law and the court;
- 3) ensuring proof of guilt;
- 4) competitiveness of parties and freedom regarding the presentation of evidence and demonstrating its credibility before the court;
- 5) support of the State’s prosecution in a court by a procurator;
- 6) securing the right of an accused individual to a defense;
- 7) transparency of the court process and its full transcription by technical means;
- 8) guaranteeing the opportunity to appeal a court’s decision and raise a cassationary appeal, except for cases specified by law;
- 9) the mandatory nature of court decisions.
- The law may stipulate other bases for justice for courts of particular court jurisdiction.
- Persons guilty of disrespect to the court and judges shall be held legally responsible.
ARTICLE 130
- The State shall provide for the financing and appropriate conditions for the functioning of courts and the work of judges. Expenditures for maintenance of the court system shall be provided for in the State Budget of Ukraine.
- The principle of court self-management is recognized in order to resolve internal matters of the activity of courts.
ARTICLE 131
- A Superior Justice Council functions in Ukraine and is responsible for the following:
- 1) submission of proposals regarding the appointment or dismissal of judges;
- 2) adoption of decisions regarding the violation of the requirements of incompatibility by judges and procurators;
- 3) implementation of disciplinary action against judges of the Supreme Court of Ukraine and judges of the higher specialized courts and consideration of complaints regarding decisions on the disciplinary sanctioning of judges of courts of appeal and local courts, as well as procurators.
- The Superior Justice Council shall consist of twenty members. The Supreme Rada of Ukraine, the President of Ukraine, the Assembly of Judges of Ukraine, the Assembly of Advocates of Ukraine, the Assembly of Representatives of Higher Legal Schools and Scholarly Institutions shall each appoint three members, and the All-Ukrainian Conference of Procuracy Officers - two members each, to the Superior Justice Council.
- The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine, and the General Procurator of Ukraine are members of the Superior Justice Council ex officio.
CHAPTER IX
TERRITORIAL STRUCTURE OF UKRAINE
ARTICLE 132
- The territorial structure of Ukraine is based on the principles of the unity and integrity of the State's territory, a combination of centralization and decentralization in implementing state authority, and the equilibrium of social and economic regional development, taking into account their historic, economic, geographic, and demographic characteristics, ethnic and cultural traditions.
ARTICLE 133
- The administrative and territorial structure of Ukraine consists of the Autonomous Republic of Crimea, provinces [oblasts], regions [rayons], cities, settlements, and villages.
- Ukraine is comprised of the following: the Autonomous Republic of Crimea, the Vinnytsya, Volyn, Dnipropetrovsk, Donetsk, Zhytomyr, Transcarpathian, Zaporizhya, Ivano-Frankivsk, Kyiv, Kirovohrad, Luhansk, Lviv, Mykolayiv, Odesa, Poltava, Rivne, Sumy, Ternopil, Kharkiv, Kherson, Khmelnytsky, Cherkasy, and Chernihiv provinces [oblasts], and the cities of Kyiv and Sevastopol.
- The cities of Kyiv and Sevastopol possess a special status as determined by the laws of Ukraine.
CHAPTER X
THE AUTONOMOUS REPUBLIC OF CRIMEA
ARTICLE 134
- The Autonomous Republic of Crimea is an inseparable, integral part of Ukraine and resolves matters ceded to its authority within the limits established by the Constitution of Ukraine.
ARTICLE 135
- The Autonomous Republic of Crimea possesses a Constitution of the Autonomous Republic of Crimea which is adopted by the Supreme Rada of the Autonomous Republic of Crimea and approved by the Supreme Rada of Ukraine by no less than one-half of the constitutional composition of the Supreme Rada of Ukraine.
- Normative-legal acts of the Supreme Rada of the Autonomous Republic of Crimea and decisions of the Council of Ministers of the Autonomous Republic of Crimea shall not contravene the Constitution and laws of Ukraine and are adopted consistently with the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and Cabinet of Ministers of Ukraine, and for purposes of their implementation.
ARTICLE 136
- The Supreme Rada of the Autonomous Republic of Crimea is the representative organ of the Autonomous Republic of Crimea.
- The Supreme Rada of the Autonomous Republic of Crimea adopts decisions and resolutions within the limits of its authority and which are binding throughout the territory of 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 Chairman of the Council of Ministers of the Autonomous Republic of Crimea is appointed and dismissed by the Supreme Rada of the Autonomous Republic of Crimea with the consent of the President of Ukraine.
- The authority, procedure for formation, and activity of the Supreme Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea is prescribed by the Constitution of Ukraine and laws of Ukraine, normative-legal acts of the Supreme Rada of the Autonomous Republic of Crimea, on matters deemed to be within its competence.
- Justice in the Autonomous Republic of Crimea is administered by courts which belong to the single court system of Ukraine.
ARTICLE 137
- The Autonomous Republic of Crimea exercises normative regulation on the following matters:
- 1) agriculture and forestry;
- 2) land reclamation and mining;
- 3) public works, crafts and small trade; philanthropy;
- 4) city construction and housing management;
- 5) tourism, hostelry, fairs;
- 6) museums, libraries, theaters, other cultural institutions, historical and cultural preserves;
- 7) public transportation, roadways, water-supply;
- 8) hunting, fishing;
- 9) sanitary and hospital services.
- For reasons of contravention of normative-legal acts of the Supreme Rada of the Autonomous Republic of Crimea to the Constitution of Ukraine and laws of Ukraine, the President of Ukraine may suspend such normative-legal acts of the Supreme Rada of the Autonomous Republic of Crimea accompanied by a simultaneous appeal to the Constitutional Court of Ukraine on their constitutionality.
ARTICLE 138
- The Autonomous Republic of Crimea has the following jurisdiction:
- 1) announcing elections of deputies to the Supreme Rada of the Autonomous Republic of Crimea, approval of the membership of the electoral commission of the Autonomous Republic of Crimea;
- 2) organizing and conducting local referenda;
- 3) managing property which belongs to the Autonomous Republic of Crimea;
- 4) developing, approving, and implementing the budget of the Autonomous Republic of Crimea on the basis of the single tax and budget policy of Ukraine;
- 5) developing, approving, and executing programs of socioeconomic and cultural development, rationally utilizing natural resources and environmental protection - according to general national programs;
- 6) designating locales as resorts; establishing zones for the sanitary protection of resorts;
- 7) participating in ensuring the rights and freedoms of citizens, national harmony, promoting the protection of legal order and public security;
- 8) ensuring the function and development of the state and national languages and cultures in the Autonomous Republic of Crimea; protecting and utilizing historical monuments;
- 9) participating in the development and fulfillment of programs for the return of deported peoples;
- 10) initiating the introduction of martial law and zones of extraordinary ecological situations in the Autonomous Republic of Crimea or in its particular locales.
- Laws of Ukraine may also cede additional authority to the Autonomous Republic of Crimea.
ARTICLE 139
- An Office of the Representative of the President of Ukraine, the status of which shall be prescribed by a law of Ukraine, shall function in the Autonomous Republic of Crimea.
CHAPTER XI
LOCAL SELF-GOVERNMENT
ARTICLE 140
- Local self-government is the right of territorial communities - residents of a village or the voluntary association of several villages in the form of a village community, settlements and cities - to independently resolve matters of local significance within the limits set forth in the Constitution and laws of Ukraine.
- Particular aspects of the realization of local self-government in the cities of Kyiv and Sevastopol shall be prescribed by separate laws of Ukraine.
- Local self-government is exercised by territorial communities according to the procedure established by law, both directly and through organs of local self-government: village, settlement, and city councils, and their executive organs.
- The organs of local self-government which represent the collective interests of territorial communities of villages, settlements, and cities, are the regional [rayon] and provincial [oblast] councils.
- Matters regarding the organization of municipal regional administrations are within the competence of city councils.
- Upon the initiative of residents, village, settlement, and city councils may permit the establishment of building, street, block, and other organs of self-organization of the population, assigning them with part of their own competence, finances, and assets.
ARTICLE 141
- The membership of a village, settlement, and city council includes the deputies which are elected by the residents of villages, settlements, and cities on the basis of universal, equal, and direct suffrage via secret ballot for a four-year term.
- On the basis of universal, equal, and direct suffrage, territorial communities via secret ballot elect the relevant village, settlement, and city chairman for a four-year term, who leads the executive organ of the relevant council and presides at its sessions.
- The status of chairmen, deputies, and executive organs and their authority, formation procedure, reorganization, and liquidation shall be prescribed by law.
- The chairmen of regional [rayon] and provincial [oblast] councils are elected by the relevant council and head their executive structure.
ARTICLE 142
- The material and financial bases of local self-government are realty and movable assets, local budget revenue, other revenue, land, natural resources owned by territorial communities of villages, settlements, cities, municipal regions, as well as objects of their common property which is managed by regional [rayon] or provincial [oblast] councils.
- On the basis of agreement, territorial communities of villages, settlements, and cities may unite objects of communal property and budget resources to implement joint projects or for the joint financing (maintenance) of communal enterprises, organizations, and institutions, and create appropriate organs and services for this purpose.
- The State takes part in the formation of revenues of the local self-government, and financially supports local self-government. Expenditures of the organs of local self-government which are the result of decisions of organs of state authority are compensated by the State.
ARTICLE 143
- Territorial communities of villages, settlements, and cities, directly or through organs of local self-government formed by them, manage communal property; adopt and monitor the implementation of programs of social, economic and cultural development; adopt and monitor the implementation of the budgets of the relevant administrative-territorial units; set local taxes and fees according to the procedure specified by law; ensure that local referenda are conducted and implement their results; create, reorganize, and liquidate communal organizations and institutions, and monitor their activity; resolve other issues of local importance which are deemed to be within their competence according to law.
- Provincial [oblast] and regional [rayon] councils adopt and monitor the implementation of programs of socioeconomic, and cultural development of the relevant provinces [oblasts] and regions [rayons]; adopt and monitor the implementation the regional [rayon] and provincial [oblast] budgets which are derived from the state budget for allocation among territorial communities or for the implementation of joint projects, as well as from fiscal resources collected on the basis of agreement from local budgets for the implementation of joint socioeconomic and cultural programs; resolve other matters deemed to be within their competence according to law.
- Organs of local self-government may exercise the authority of organs of executive authority according to law. The State funds such exercise of authority entirely from the fiscal resources of the State Budget of Ukraine or by transferring to the local budget certain general national taxes on the basis of procedure prescribed by law, and transfers to these organs of local self-government the relevant objects of state property on the basis of procedure prescribed by law.
- Organs of local self-government are subject to the oversight of the relevant organs of executive authority in matters related to the exercise of authority ceded to them.
ARTICLE 144
- Organs of local self-government within the limits of authority prescribed by law shall adopt decisions which are binding throughout their relevant territory.
- Decisions of organs of local self-government which contravene the Constitution or laws of Ukraine are suspended according to the procedure prescribed by law and are simultaneously made the subject of a court appeal.
ARTICLE 145
- The rights of local self-government are defended in the court actions.
ARTICLE 146
- Other matters concerning the organization of local self-government, the formation, activity, and authority of the organs of local self-government shall be prescribed by law.
CHAPTER XII
THE CONSTITUTIONAL COURT OF UKRAINE
ARTICLE 147
- The Constitutional Court of Ukraine is the sole organ of constitutional jurisdiction in Ukraine.
- The Constitutional Court of Ukraine resolves issues on the correspondence of laws and other legal acts to the Constitution of Ukraine and issues official interpretations of the Constitution and laws of Ukraine.
ARTICLE 148
- The Constitutional Court of Ukraine shall consist of eighteen justices.
- The President of Ukraine, the Supreme Rada of Ukraine and the assembly of judges of Ukraine shall each appoint six justices to the Constitutional Court of Ukraine.
- A justice of the Constitutional Court of Ukraine must be a citizen of Ukraine who upon the date of their appointment has attained at least forty years, possesses a higher legal education and at least ten years professional experience, has resided in Ukraine for the last twenty years, and who is fluent in the state language.
- Justices of the Constitutional Court of Ukraine shall be appointed for nine years with no right to reappointment.
- The Chairman of the Constitutional Court of Ukraine is elected for a single three-year term at a special plenary session of the Constitutional Court of Ukraine from among its justices via secret ballot.
ARTICLE 149
- Justices of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity, to the terms of dismissal stipulated in articles 126 of this Constitution, and to the requirements of incompatibility set forth in the second paragraph of Article 127 of this Constitution.
ARTICLE 150
- The jurisdiction of the Constitutional Court of Ukraine includes-
- 1) the resolution of issues regarding the correspondence (constitutionality) to the Constitution of Ukraine of:
- laws and other legal acts of the Supreme Rada of Ukraine;
- acts of the President of Ukraine;
- acts of the Cabinet of Ministers of Ukraine;
- legal acts of the Supreme Rada of the Autonomous Republic of Crimea.
- These issues shall be considered upon petition by: the President of Ukraine; no fewer than forty-five National Deputies of Ukraine; the Supreme Court of Ukraine; the Authorized Representative of the Supreme Rada of Ukraine on Human Rights; the Supreme Rada of the Autonomous Republic of Crimea;
- 2) the official interpretation of the Constitution of Ukraine and laws of Ukraine;
- The Constitutional Court of Ukraine renders decisions on matters set forth in this Article which are binding throughout the territory of Ukraine, are final, and may not be appealed.
ARTICLE 151
- Upon petition by the President of Ukraine or the Cabinet of Ministers of Ukraine, the Constitutional Court draws conclusions on the correspondence to the Constitution of Ukraine of international treaties currently in force or of those international treaties which are being submitted to the Supreme Rada of Ukraine for ratification.
- Upon petition by the Supreme Rada of Ukraine, the Constitutional Court of Ukraine draws conclusions on the adherence to the constitutional procedure for the investigation and consideration of an action to remove the President via impeachment.
ARTICLE 152
- Laws and other legal acts are considered unconstitutional on the basis of a decision of the Constitutional Court of Ukraine in their entirety or in part, if they do not correspond to the Constitution of Ukraine or if there was a violation of the procedures for their consideration, adoption, or entry into force as prescribed by the Constitution of Ukraine.
- Laws, other legal acts or their separate parts which are held unconstitutional by the Constitutional Court of Ukraine, lose their validity upon the date of the adoption of a decision on their unconstitutionality by the Constitutional Court of Ukraine.
- Material or moral injury to physical or legal entities via unconstitutional acts and actions which have been deemed unconstitutional shall be compensated by the State according to the procedure established by law.
ARTICLE 153
- The system for the organization and functioning of the Constitutional Court of Ukraine, and the procedure for consideration of cases shall be prescribed by law.
CHAPTER XIII
AMENDING THE CONSTITUTION OF UKRAINE
ARTICLE 154
- A draft law on amending the Constitution of Ukraine may be presented to the Supreme Rada of Ukraine by the President of Ukraine or by at least one-third of the constitutional composition of the Supreme Rada of Ukraine.
ARTICLE 155
- A draft law on amending the Constitution of Ukraine, except for Chapter I: "General Principles", Chapter III: "Elections; Referendum", and Chapter XIII: "Amending the Constitution of Ukraine", given preliminary approval by a majority of the constitutional composition of the Supreme Rada of Ukraine is considered adopted, if, at the next regular session of the Supreme Rada of Ukraine, it receives the support of no less than two-thirds of the constitutional composition of the Supreme Rada of Ukraine.
ARTICLE 156
- A draft law on amendments to Chapter I: "General Principles", Chapter III: "Elections. Referendum", and Chapter XIII: "Amending the Constitution of Ukraine", is presented to the Supreme Rada of Ukraine by the President of Ukraine or by at least two-thirds of the constitutional composition of the Supreme Rada of Ukraine, and upon the condition of its approval by at least two-thirds of the constitutional composition of the Supreme Rada of Ukraine, and is confirmed by an all-Ukrainian referendum designated by the President of Ukraine.
- A repeat introduction of a draft law amending Chapters I, III, and XIII of this Constitution and addressing the same issue, may only be considered by the Supreme Rada of Ukraine of the subsequent convocation.
ARTICLE 157
- The Constitution of Ukraine may not be amended if amendments nullify or restrict the rights and freedoms of individuals or citizens or if they are directed towards the abolition of the independence or the violation of the territorial integrity of Ukraine.
- The Constitution of Ukraine may not be amended under conditions of a state of emergency or martial law.
ARTICLE 158
- A draft law amending the Constitution of Ukraine which has been considered by the Supreme Rada of Ukraine and was not adopted, may be introduced for consideration by the Supreme Rada of Ukraine no earlier than after one year from the date of the adoption of the decision concerning this draft law.
- During their term of office, the Supreme Rada of Ukraine may not amend twice the same provisions of the Constitution of Ukraine.
ARTICLE 159
- A draft law amending the Constitution of Ukraine shall be considered by the Supreme Rada of Ukraine on the basis of conclusions reached by the Constitutional Court of Ukraine regarding the correspondence of the law draft to the requirements of Articles 157 and 158 of this Constitution.
CHAPTER XIV
FINAL PROVISIONS
ARTICLE 160
- The Constitution of Ukraine enters into force on the date of its adoption.
ARTICLE 161
- The date of the adoption of the Constitution is a state holiday - Day of the Constitution of Ukraine.
CHAPTER XV
TRANSITIONAL PROVISIONS
- 1. Laws and other normative acts, adopted prior to the entering of this Constitution into force, are valid in their respective parts which do not contravene the Constitution of Ukraine.
- 2. The Supreme Rada of Ukraine, following the adoption of the Constitution of Ukraine, exercises the authority foreseen by this Constitution.
- Regular elections to the Supreme 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 this Constitution enters into force has the right to issue decrees approved by the Cabinet of Ministers of Ukraine and signed by the Prime-Minister of Ukraine on economic issues not regulated by law, with simultaneous submission of an appropriate draft law to the Supreme Rada of Ukraine according to the procedure stipulated in Article 93 of this Constitution.
- Such a decree by the President of Ukraine enters into force if within thirty days from the date of the submission of the draft law (except for days between sessions) the Supreme Rada of Ukraine has not adopted a law or has not rejected the submitted draft law by a majority of its constitutional composition, and remains in force until a law on these issues is adopted by the Supreme Rada of Ukraine.
- 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 shall be formed in accordance with the Constitution within three months after its entry into force. Until the establishment of the Constitutional Court of Ukraine the Supreme Rada of Ukraine interprets laws.
- 7. After this Constitution enters into force, the heads of local state administrations attain the status of heads of local state administrations in accordance with Article 118 of this Constitution, and following the election of chairmen of the relevant councils shall tender their resignations as chairmen of those councils.
- 8. After this Constitution enters into force, village, settlement, and city councils and their chairmen shall exercise authority established herein until the election of new members to these councils in March 1998.
- Regional [rayon] and provincial [oblast] councils, elected prior to the entry into force of this Constitution, exercise the authorities established herein until the formation of these councils in accordance with the Constitution of Ukraine.
- After this Constitution enters into force, municipal regional [rayon] councils and their chairmen exercise their authority according to the law.
- 9. The Procuracy continues to perform the function of oversight over the adherence to and implementation of laws and the function of preliminary investigation according to currently valid laws until the adoption of laws regulating the activity of state organs regarding oversight over adherence to laws, and until the formation of a system of pretrial investigation, and the adoption of laws regulating its functioning.
- 10. Until the adoption of laws which determine the specific characteristics of executive authority in the cities of Kyiv and Sevastopol according to Article 118 of this Constitution, executive authority in these cities shall be exercised by their relevant state administrations.
- 11. The first section of Article 99 of this Constitution shall enter into force after the introduction of the national currency - the hryvnya.
- 12. Until the system of courts of general jurisdiction in Ukraine is formed according to Article 125 of this Constitution, but no later than five years, the Supreme Court of Ukraine and the Court of High Arbitration of Ukraine exercise their authority according to the current laws of Ukraine.
- Judges of all courts in Ukraine, elected or appointed before the date of entry of this Constitution into force shall continue to exercise their authority in accordance with currently valid legislation until the end of the term for which they were elected or appointed.
- Judges whose authority ends upon the date of the entry of this Constitution into force, continue to exercise their authority for one year.
- 13. For five years after this Constitution enters into force, the current procedure for the arrest, detention, and custody of individuals, suspected of the commission of a crime, as well as the procedure for conducting an inspection or search of a domicile or other personal property, remains the same.
- 14. The use of existing military bases on the territory of Ukraine for the temporary deployment of foreign military formations is permissible on the basis of leasing terms described in international treaties of Ukraine, ratified by the Supreme Rada of Ukraine.
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Commissioned by the Secretariat of the Supreme Rada of Ukraine.