The Constitution of Ukraine is the nation's fundamental law. The constitution was
adopted and ratified at the 5th session of the Verkhovna Rada (parliament) of Ukraine on 28 June 1996. The constitution was
passed with 315 ayes out of 450 votes possible (300 ayes minimum).
Other laws and other normative legal
acts of Ukraine must conform to the constitution. The right to amend the
constitution through a special legislative procedure is vested exclusively with
the parliament. The only body that may interpret the constitution and determine
whether legislation conforms to it is the Constitutional
Court of Ukraine.
Since 1996 the public holiday Constitution Day is celebrated 28 June.
Full text of the Constitution of Ukraine:
The Verkhovna Rada (the
Parliament) of Ukraine on behalf of the Ukrainian people – Ukrainian citizens
of all nationalities,
expressing the sovereign will
of the people,
relying on the centuries-old
history of Ukrainian state-building and upon the right to self-determination
realised by the Ukrainian nation, all the Ukrainian people,
aspiring to ensure human
rights and freedoms, and life conditions worthy
of human dignity,
of human dignity,
supporting the strengthening
of civil harmony on the Ukrainian soil,
striving to develop and
strengthen a democratic, social, law-based state,
realizing the responsibility
in the eyes of God, before our own conscience, past, present and future
generations,
guided by the Act of Declaration
of the Independence of Ukraine
of 24 August 1991, approved by the national vote on 1 December 1991,
of 24 August 1991, approved by the national vote on 1 December 1991,
adopts this Constitution as
the Fundamental Law of Ukraine.
Title I
General Principles
Article 1. Ukraine shall be a sovereign and independent, democratic,
social, law-based state.
Article 2. The sovereignty of Ukraine shall extend throughout its
entire territory.
Ukraine shall be a unitary
state.
The territory of Ukraine
within its present borders shall be indivisible and inviolable.
Article 3. An individual, his life and health, honour and
dignity, inviolability and security shall be recognised in Ukraine as the
highest social value.
Human rights and freedoms, and guarantees
thereof shall determine the essence and course of activities of the State. The
State shall be responsible to the individual for its activities. Affirming and
ensuring human rights and freedoms shall be the main duty of the State.
Article 4. There shall be a single form of citizenship in
Ukraine. The grounds for the acquisition and termination of Ukrainian
citizenship shall be determined by law.
Article 5. Ukraine shall be a republic.
The people shall be the bearer
of sovereignty and the sole source of power
in Ukraine. The people shall exercise power directly or through the state authorities and local self-government bodies.
in Ukraine. The people shall exercise power directly or through the state authorities and local self-government bodies.
The right to determine and
change the constitutional order in Ukraine shall belong exclusively to the
people and shall not be usurped by the State, its bodies, or officials.
No one shall usurp the State
power.
Article 6. The State power in Ukraine shall be exercised with the
consideration of its division into legislative, executive, and judicial
branches.
Legislative, executive, and
judicial bodies shall exercise their authority within the limits determined by
this Constitution and in accordance with the laws of Ukraine.
Article 7. Local self-governance shall be recognised and
guaranteed
in Ukraine.
in Ukraine.
Article 8. The rule of law shall be recognised and effective in
Ukraine.
The Constitution of Ukraine
shall be regarded as superior law. Laws and other regulatory legal acts shall
be adopted on the basis of the Constitution of Ukraine and shall conform to it.
Norms of the Constitution of
Ukraine shall be the norms of direct effect. Recourse to the court for
protection of constitutional rights and freedoms of an individual and citizen
directly on basis of the Constitution of Ukraine shall be guaranteed.
Article 9. International treaties in
force, consented by the Verkhovna Rada of Ukraine as binding, shall be an
integral part of the national legislation of Ukraine.
Conclusion of international
treaties, contravening the Constitution of Ukraine, shall be possible only
after introducing relevant amendments to the Constitution of Ukraine.
Article 10. The State language of Ukraine
shall be the Ukrainian language.
The State shall ensure
comprehensive development and functioning of the Ukrainian language in all
spheres of social life throughout the entire territory of Ukraine.
Free development, use, and
protection of Russian and other languages of national minorities of Ukraine
shall be guaranteed in Ukraine.
The State shall promote the
learning of languages of international communication.
The use of languages in
Ukraine shall be guaranteed by the Constitution of Ukraine and shall be
determined by law.
Article 11. The State shall promote the
consolidation and development of the Ukrainian nation, its historical
consciousness, traditions, and culture, as well as development of ethnic, cultural,
linguistic, and religious identity of all indigenous peoples and national
minorities of Ukraine.
Article 12. Ukraine shall provide for
meeting the national, cultural, and linguistic needs of Ukrainians residing
beyond the borders of the State.
Article 13. The land, its subsoil,
atmosphere, water and other natural resources within the territory of Ukraine,
natural resources of its continental shelf and of the exclusive (maritime)
economic zone shall be the objects of property rights of the Ukrainian people.
State authorities and local self-government bodies shall exercise the ownership
rights on behalf of the Ukrainian people within the limits determined by this
Constitution.
Every citizen shall have the right to
utilise the natural objects of the people’s property rights in accordance with
the law.
Property entails
responsibility. Property shall not be used to the detriment of the individual
or the society.
The State shall ensure
protection of rights of all property
rights holders and economic operators, and the social orientation of the
economy. All the property rights holders shall be equal before the law.
Article 14. Land shall be the main
national asset and as such shall be under special protection of the State.
The property right for the
land shall be guaranteed. This right shall be acquired and realised by
citizens, legal persons, and the State exclusively in accordance with the law.
Article 15. Social life in Ukraine shall
be based on the principles of political, economic, and ideological diversity.
No ideology shall be
recognised as mandatory by the State.
Censorship shall be
prohibited.
The State shall guarantee the
freedom of political activities, not prohibited by the Constitution and the
laws of Ukraine.
Article 16. Ensuring environmental safety,
maintaining ecological balance in the territory of Ukraine, overcoming the
aftermath of the Chornobyl catastrophe – the catastrophe of global scale – and
preserving the gene pool of the Ukrainian people, shall be the duty of the State.
Article 17. Protecting the sovereignty and
territorial integrity of Ukraine, ensuring its economic and information
security, shall be the most important function of the State and a matter of
concern for all the Ukrainian people.
The defence of Ukraine and
protection of its sovereignty, territorial integrity and inviolability shall be
entrusted to the Armed Forces of Ukraine.
Ensuring the security of the
State and protecting the State borders of Ukraine shall be entrusted to
respective military formations and law enforcement bodies of the State, whose
organisation and operational procedure shall be determined by law.
The Armed Forces of Ukraine
and other military formations shall not be used by anyone to restrict the
rights and freedoms of citizens or with the intent to overthrow the
constitutional order, subvert the public authorities or obstruct their
activity.
The State shall ensure social
protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and
in other military formations as well as members of their families.
Establishment and operation of any armed
formations not envisaged by law are prohibited in the territory of Ukraine.
The location of foreign
military bases in the territory of Ukraine shall not be permitted.
Article 18. The foreign political activity
of Ukraine shall be aimed at ensuring its national interests and security by
maintaining peaceful and mutually beneficial co-operation with members of the
international community
in compliance with the generally acknowledged principles and norms of international law.
in compliance with the generally acknowledged principles and norms of international law.
Article 19. The legal order in Ukraine
shall be based on the principles according to which no one shall be forced to
do what is not stipulated by law.
Public authorities and bodies
of local self-government and their officials shall be obliged to act only on
the grounds, within the powers, and in the way determined by the Constitution
and the laws of Ukraine.
Article 20. The National Flag of Ukraine,
the National Coat of Arms of Ukraine, and the National Anthem of Ukraine shall
be the State symbols of Ukraine.
The National Flag of Ukraine
shall be a banner of two equally sized horizontal stripes of blue and yellow.
The Great National Coat of
Arms of Ukraine shall be established incorporating the elements of the Small
National Coat of Arms of Ukraine and the Coat of Arms of the Zaporizhia Host,
and shall be approved by the law, adopted by at least two-thirds of the
constitutional membership of the Verkhovna Rada of Ukraine.
The Princely State Symbol of
Volodymyr the Great (the Small National Coat of Arms of Ukraine) shall be the
main element of the Great National Coat of Arms of Ukraine.
The State Anthem of Ukraine
shall be the national anthem to the music of M. Verbytskyi, with the words, approved
by the law, adopted by at least two-thirds of the constitutional membership of
the Verkhovna Rada of Ukraine.
The description of the State
symbols of Ukraine and procedure for their use shall be determined by the law,
adopted by at least two-thirds of the constitutional membership of the
Verkhovna Rada of Ukraine.
The City of Kyiv shall be the
capital of Ukraine.
Title II
Human and Citizen Rights, Freedoms, and Duties
Article 21. All people shall be free and
equal in their dignity and rights.
Human rights and freedoms
shall be inalienable and inviolable.
Article 22. Human and citizen rights and
freedoms affirmed by this Constitution shall not be exhaustive.
The constitutional rights and
freedoms shall be guaranteed and shall not be abolished.
The content and scope of the
existing rights and freedoms shall not be diminished by an adoption of new laws
or by introducing amendments to the effective laws.
Article 23. Every person shall have the
right to free development of his personality, provided that the rights and
freedoms of other persons are not thus violated, and shall have duties to
society, in which free and comprehensive development of his personality shall
be guaranteed.
Article 24. Citizens shall have equal
constitutional rights and freedoms and shall be equal before the law.
There shall be no privileges
or restrictions based on race, skin colour, political, religious, and other
beliefs, gender, ethnic and social origin, property status, place of residence,
linguistic or other characteristics.
Equality of the rights of
women and men shall be ensured by providing women with opportunities equal to
those of men in public, political and cultural activities, in obtaining
education and in professional training, in work and remuneration for it; by
taking special measures for the protection of work and health of women; by
establishing pension privileges; by creating conditions that make it possible
for women to combine work and motherhood; by adopting 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. No citizen of Ukraine shall be deprived of citizenship or
of the right to change citizenship.
No citizen of Ukraine shall be
exiled from Ukraine or surrendered to another state.
Ukraine shall guarantee care
and protection to its citizens staying abroad.
Article 26. Foreigners and stateless
persons staying in Ukraine on legal grounds shall enjoy the same rights and
freedoms and bear the same duties as citizens of Ukraine, except as restricted
by the Constitution, laws,
or international treaties of Ukraine.
or international treaties of Ukraine.
Foreigners and stateless
persons may be granted asylum under the procedure established by law.
Article 27. Every person shall have the
inalienable right to life.
No one shall be arbitrarily
deprived of life. Protection of human life shall be the duty of the State.
Everyone shall have the right
to protect his life and health, and lives and health of other people against
unlawful encroachments.
Article 28. Everyone shall have the right
to have his dignity respected.
No one shall be subjected to
torture, cruel, inhumane, or degrading treatment or punishment that violates
his dignity.
No person shall be subjected
to medical, scientific, or other experiments without his free consent.
Article 29. Every person shall have the
right to freedom and personal inviolability.
No one shall be arrested or
held in custody except under a substantiated court decision and on the grounds
and in accordance with the procedure established by law.
In the event of an urgent
necessity to prevent or stop a crime, bodies authorised by law may hold a
person in custody as a temporary preventive measure, the reasonable grounds for
which shall be verified by court within seventy two hours. The detained person shall be immediately
released if a substantiated court decision regarding his detention is not
served to them within seventy-two hours.
Every person, arrested or
detained, shall be informed without delay of the reasons for his arrest or
detention, apprised of his rights, and from the moment of detention, shall be
given an opportunity to personally defend himself/herself or to receive legal
assistance from a defender.
Every person detained shall
have the right to challenge his detention in court at any time.
Relatives of an arrested or
detained person shall be informed immediately of such an arrest or detention.
Article 30. Everyone shall be guaranteed
the inviolability of his domicile.
Intrusion into a person’s
domicile or other property, inspection or search thereof, shall not be
permitted except when under a substantiated court decision.
In urgent cases related to
preservation of human life and property or to the direct pursuit of persons
suspected of committing a crime, other procedures of entering a person’s
domicile or other property, inspecting or searching thereof, determined by law,
shall be allowed.
Article 31. Everyone shall be guaranteed
privacy of his correspondence, telephone conversations, telegraph, and other
communications. Exceptions shall be established only by court in cases
stipulated by law for the purposes
of preventing crime or ascertaining the truth during the investigation of a criminal case, if it is not possible to obtain information by other means.
of preventing crime or ascertaining the truth during the investigation of a criminal case, if it is not possible to obtain information by other means.
Article 32. No one shall be subjected to
interference in his private life and family matters, except when such
interference is stipulated by the Constitution of Ukraine.
The collection, storage, use,
and dissemination of confidential information about a person without his
consent shall not be permitted, except for the cases determined by law and only
in the interests of national security, economic welfare, and human rights.
Every citizen shall have the
right to have access to the information about himself/herself possessed by
public authorities and bodies of local self-government, institutions, and
organisations unless such information is considered a state or other secret
protected by law.
Everyone shall be guaranteed
judicial protection of the right to rectify unauthentic information about himself/herself
and members of his family, the right to demand the expungement of any type of
information, as well as the right to compensation for material and moral
damages caused by the collection, storage, use, and dissemination of such
unauthentic information.
Article 33. Every person, legally staying
in the territory of Ukraine shall be guaranteed freedom of movement and travel,
free choice of place of residence, and the right to freely leave the territory
of Ukraine, with the exception of restrictions stipulated by law.
A citizen of Ukraine may not
be deprived of the right to return to Ukraine at any time.
Article 34. Everyone shall be guaranteed
the right to freedom of thought and speech, and to free expression of his views
and beliefs.
Everyone shall have the right
to freely collect, store, use, and disseminate information by oral, written, or
other means at his discretion.
The exercise of such rights
may be restricted by law in the interests of national security, territorial
integrity, or public order, for the purposes of preventing disturbances or
crimes, protecting the health of the population, protecting the reputation or
rights of other persons, preventing the publication of information received
confidentially, or supporting the authority and impartiality of justice.
Article 35. Everyone shall have right to
freedom of beliefs and religion. This right shall include the freedom to profess
any religion or profess no religion, to freely practice religious rites and
ceremonial rituals, alone or collectively, and to pursue religious activities.
The exercise of this right may
be restricted by law only in the interests of protection of the public order,
health and morality of the population, or protection of the rights and freedoms
of other persons.
The Church and religious
organisations in Ukraine shall be separated from the State, and school shall be
separated from the Church. No religion shall be recognised by the State as
mandatory.
No one shall be exempt from
his duties to the State or refuse to abide by laws on religious grounds. If the
performance of military duty contradicts the religious beliefs of a citizen,
the performance of this duty shall be replaced by alternative (non-military)
service.
Article 36. Citizens of Ukraine shall have
the right to freedom of association into political parties and public
organisations for exercising and protecting their rights and freedoms and for
satisfying their political, economic, social, cultural and other interests,
with the exception of restrictions established by law in the interests of
national security and public order, protection of public health, or protection
of rights and freedoms of other persons.
Political parties in Ukraine
shall promote the formation and expression of political will of citizens and
shall participate in elections. Only citizens of Ukraine may be members of
political parties. Restrictions on membership
in political parties shall be determined exclusively by this Constitution and laws of Ukraine.
in political parties shall be determined exclusively by this Constitution and laws of Ukraine.
Citizens shall have the right
to take part in trade unions with the purpose of protecting their labour and
socio-economical rights and interests. Trade unions shall be public
organisations uniting citizens bound by common interests in accordance with the
nature of their professional activity. Trade unions shall be formed without
prior permission on the basis of the free choice of their members. All trade
unions shall have equal rights. Restrictions on membership in trade unions
shall be determined exclusively by this Constitution and laws of Ukraine.
No one may be forced to join
any association of citizens or be restricted in his right to belong or not to
belong to political parties or public organisations.
All associations of citizens shall be equal
before the law.
Article 37. Foundation and activity of
political parties and public associations shall be prohibited if their
programme goals or actions are aimed at the liquidation of the independence of
Ukraine, change of the constitutional order by force, violation of the
sovereignty and territorial indivisibility of the State, undermining national
security, unlawful seizure of the state power, the propaganda of war or
violence, fomentation of inter-ethnic, racial, or religious enmity, or
infringement of human rights and
freedoms or the health of the population.
Political parties and public
associations shall not have paramilitary formations.
Foundation and activities of
organizational structures of political parties shall not be permitted within
the bodies of executive and judicial power or the executive bodies of local
self-government, in military formations, as well as at state enterprises,
educational establishments, or other state institutions and organisations.
Prohibition of the activities
of associations of citizens, shall be
possible only through a judicial procedure.
Article 38. Citizens shall have the right
to participate in the administration of state affairs, in All-Ukrainian and
local referendums, to freely elect and to be elected to the bodies of State
power and local self-government.
Citizens shall enjoy equal
rights of access to the civil service and to the service in local self-government
bodies.
Article 39. Citizens shall have the right
to assemble peacefully without arms and to hold rallies, meetings, processions,
and demonstrations upon notifying executive or local self-government bodies in
advance.
Restrictions on the exercise
of this right may be established by a court in accordance with law and only in
the interests of national security and public order, for the purpose of
prevention of disturbances or crimes, protection of the health of the
population, or protection of the rights and freedoms of other persons.
Article 40. Everyone shall have the right
to address individual or collective petitions, or to personally recourse to
public authorities, local self-government bodies, officials, and officers of
these bodies obliged to consider the petitions, and to provide a substantiated
reply within the period determined by law.
Article 41. Everyone shall have the right
to own, use, or dispose of his property and the results of his intellectual or
creative activities.
The right for private property
shall be acquired in compliance with the procedure established by law.
Citizens may use the objects
of state or communal property in accordance with law in order to satisfy their
needs.
No one shall be unlawfully
deprived of the right for property. The right for private property shall be
inviolable.
The expropriation of private
property objects may be applied only as an exception for the reasons of social
necessity, on the grounds of, and in the order established by law, and on terms
of advance and complete compensation of the value of such objects. The
expropriation of such objects with subsequent complete compensation of their
value shall be permitted only under conditions of martial law or a state of
emergency.
Confiscation of property may
be applied only pursuant to a court decision, in the cases, to the extent, and
in compliance with the procedure established by law.
The use of property shall not
prejudice the rights, freedoms, and dignity of citizens, the interests of society
or aggravate the environmental situation and the natural qualities of land.
Article 42. Everyone shall have the right
to entrepreneurial activity that is not prohibited by law.
The entrepreneurial activity
of deputies, officials, and officers of the bodies of State power and local
self-government shall be restricted by law.
The State shall ensure the protection of
competition in pursuit of entrepreneurial activity. The abuse of a monopolistic
position in the market, unlawful restriction of competition, and unfair
competition shall not be permitted. The types and limits of monopolies shall be
determined by law.
The State shall protect the
rights of consumers, exercise control over the quality and safety of products
and all types of services and works, and promote the activities of public
consumer associations.
Article 43. Everyone shall have the right
to work, including a possibility to earn a living by labour that he freely
chooses or to which he freely agrees.
The State shall create
conditions for citizens that will make it possible to fully realise their right
to work, guarantee equal opportunities in the choice of profession and of types
of labour activities, and implement programmes for vocational education,
training, and retraining of personnel according to the needs of society.
The use of forced labour shall
be prohibited. Military or alternative (non-military) service, work or service
carried out by a person in compliance with a verdict or other court decision,
or in accordance with the martial or state of emergency laws, shall not be
considered the forced labour.
Everyone shall have the right
to proper, safe, and healthy labour conditions and to remuneration no less than
the minimum wage determined by law.
The employment of women and
minors for work hazardous to their health shall be prohibited.
Citizens shall be guaranteed protection
from unlawful dismissal.
The right to timely payment
for work performed shall be protected by law.
Article 44. Those who are employed shall
have the right to strike in order to protect their economic and social
interests.
A procedure for exercising the
right to strike shall be established by law taking into account the necessity
to ensure national security, public health protection, and rights and freedoms
of others.
No one shall be forced to
participate or not to participate in a strike.
The prohibition of a strike
shall be possible only on the basis of the law.
Article 45. Everyone who is employed shall
have the right to rest.
This right shall be ensured by
providing weekly rest days, paid annual vacation, and by establishing a shorter
working day for certain professions and industries, as well as reducing working
hours at night.
The maximum duration of work
time, the minimum duration of rest and of paid annual vacation, days off and
holidays, as well as other conditions for exercising this right shall be
determined by law.
Article 46. Citizens shall have the right
to social protection including the right to financial security in cases of complete,
partial, or temporary disability, loss of the principal wage-earner,
unemployment due to circumstances beyond their control, old age, and in other
cases determined by law.
This right shall be guaranteed by the
mandatory state social insurance based on insurance payments made by citizens,
enterprises, institutions, and organisations, as well as by budgetary and other
sources of social security; and by establishing a network of state, communal,
and private institutions caring for incapacitated persons.
Pensions and other types of
social payments and assistance that are the principal sources of subsistence
shall ensure a standard of living not lower than the minimum living standard
established by law.
Article 47. Everyone shall have the right
to housing. The State shall create conditions enabling every citizen to build,
purchase, or rent housing.
Citizens in need of social
protection shall be provided with housing by the bodies of State power and local self-government, free of charge or at a
price affordable for them in accordance with law.
No one shall be arbitrarily
deprived of housing other than on the basis of the law pursuant to a court
decision.
Article 48. Everyone shall have the right
to a standard of living sufficient for themselves and their families including
adequate nutrition, clothing, and housing.
Article 49. Everyone shall have the right
to health protection, medical care and medical insurance.
Health protection shall be
ensured through state funding of the relevant socio-economic, medical and
sanitary, health improvement and prevention programmes.
The State shall create
conditions for effective medical service accessible to all citizens. State and
communal health protection institutions shall render medical care free of charge;
the existing network of such institutions shall not be reduced. The State shall
promote the development of medical institutions under all forms of ownership.
The State shall provide for
the development of physical culture and sports, and ensure sanitary-epidemic welfare.
Article 50. Everyone shall have the right
to an environment that is safe for life and health, and to compensation for
damages caused by violation of this right.
Everyone shall be guaranteed
the right of free access to information about the environmental situation, the
quality of foodstuffs and consumer goods, as well as the right to disseminate
such information. No one shall make such information secret.
Article 51. Marriage shall be based on
free consent between a woman and a man. Each of the spouses shall have equal
rights and duties in the marriage and family.
Parents shall be obliged to
sustain their children until they are of full age. Adult children shall be
obliged to care for their parents who are incapable to work.
The family, childhood,
motherhood, and fatherhood shall be under the protection of the State.
Article 52. Children shall be equal in
their rights regardless of their origin and whether they are born in or out of
wedlock.
Any violence against a child
or his exploitation shall be prosecuted by law.
The subsistence and upbringing
of orphans and children deprived of parental care shall be entrusted to the
State. The State shall encourage and support charitable activity in regard to
children.
Article 53. Everyone shall have the right
to education.
Complete general secondary
education shall be compulsory.
The State shall ensure
accessible and free pre-school, complete general secondary, vocational and
higher education at the state and communal educational establishments; the
development of pre-school, complete general secondary, extra-curricular,
vocational, higher and post-graduate education, various forms of study; the
provision of state scholarships and privileges to pupils and students.
Citizens shall have the right
to obtain free higher education at the state and communal educational
establishments on a competitive basis.
Citizens belonging to national minorities
shall be guaranteed, in accordance with law, the right to education in their
native language, or to study their native language at the state and communal
educational establishments or through national cultural societies.
Article 54. Citizens shall be guaranteed
the freedom of literary, artistic, scientific, and technical creative
activities, protection of intellectual property, their copyright, moral and
material interests arising in connection with various types of intellectual
activity.
Every citizen shall have the
right to the product of his intellectual, creative activity; no one shall use
or distribute them without his consent, except for the cases established by
law.
The State shall promote the
development of science and the establishment of scientific relations of Ukraine
with the world community.
Cultural heritage shall be protected by
law.
The State shall ensure the
preservation of historical monuments and other objects of cultural value, and
take measures to return to Ukraine the cultural treasures of the nation located
beyond its borders.
Article 55. Human and citizen rights and
freedoms shall be protected by court.
Everyone shall be guaranteed
the right to challenge in court the decisions, actions, or inactivity of State
power, local self-government bodies, officials and officers.
Everyone shall have the right
to appeal for the protection of his rights to the Authorised Human Rights
Representative (Ombudsman) to the Verkhovna Rada
of Ukraine.
of Ukraine.
After exhausting all domestic
legal instruments, everyone shall have the right to appeal for the protection
of his rights and freedoms to the relevant international judicial institutions
or to the relevant bodies of international organisations of which Ukraine is a
member or participant.
Everyone shall have the right
to protect his rights and freedoms from violations and illegal encroachments by
any means other than prohibited by law.
Article 56. Everyone shall have the right
to compensation, at the expense of the State authorities or local
self-government bodies, for material and moral damages caused by unlawful
decisions, actions, or inactivity of State power, local self-government bodies,
officials, or officers while exercising their powers.
Article 57. Everyone shall be guaranteed
the right to know his rights and duties.
Laws and other regulatory
legal acts defining the rights and duties of citizens shall be brought to the
notice of the population in compliance with the procedure established by law.
Laws and other regulatory legal acts
defining the rights and duties of citizens, which have not been brought to the
notice of the population in compliance with the procedure established by law,
shall be invalid.
Article 58. Laws and other regulatory
legal acts shall have no retroactive force, unless they mitigate or nullify the
responsibility of a person.
No one shall bear responsibility
for acts that, at the time they were committed, were not deemed by law to be an
offence.
Article 59. Everyone shall have the right
to legal assistance. Such assistance shall be rendered free of charge in cases
stipulated by law. Everyone shall be free to choose the defender of his rights.
In Ukraine, the advocate shall
act to ensure the right to defence against accusations and to provide legal
assistance during the hearing of cases in courts and other state bodies.
Article 60. No one shall be obliged to
execute directions or orders that are manifestly criminal.
For the issue or execution of
a manifestly criminal ruling or order, legal liability shall arise.
Article 61. No person may be brought to
legal liability of the same type for the
same offence twice.
The legal liability of a
person shall be of an individual character.
Article 62. A person shall be presumed
innocent of committing a crime and shall not be subjected to criminal
punishment until his guilt is proved through a legal procedure and established
by a court verdict of guilty.
No one shall be obliged to
prove his innocence of committing a crime.
An accusation shall not be based on
illegally obtained evidence or on assumptions. All doubts in regard to the
proof of guilt of a person shall be interpreted in his favour.
In the event of revocation of
a court verdict as unjust, the State shall compensate the material and moral
damages caused by the groundless conviction.
Article 63. A person shall not bear
responsibility for refusing to testify or to provide explanations about himself/herself,
members of his/her family, or close relatives, the circle of whom is determined
by law.
A suspect, an accused, or a
defendant shall have the right to a defence.
A convicted person shall enjoy all human
and civil rights, with the exception of restrictions determined by law and
established by a court verdict.
Article 64. Constitutional human and civil
rights and freedoms shall not be restricted, unless a restriction is stipulated
by the Constitution of Ukraine.
Under the conditions of
martial law or a state of emergency, specific restrictions on rights and
freedoms may be established with the indication of the period of effect for
such restrictions. The rights and freedoms stipulated in Articles 24, 25, 27,
28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this
Constitution shall not be restricted.
Article 65. Defence of the Motherland,
independence and territorial integrity of Ukraine, respect for its State
symbols shall be the duty of the citizens of Ukraine.
Citizens shall perform
military service in accordance with law.
Article 66. Everyone shall be obliged not
to harm nature or cultural heritage, and to compensate for any damage he/she
inflicted.
Article 67. Everyone shall be obliged to
pay taxes and levies in accordance with the procedure and to the extent
established by law.
All citizens shall annually
file declarations to the tax authorities at their place of residence on their
property status and income for the past year, in compliance with the procedure
established by law.
Article 68. Everyone shall be obliged to
strictly abide by the Constitution of Ukraine and laws of Ukraine, and not to
encroach upon the rights, freedoms, honour, or dignity of other persons.
Ignorance of laws shall not
exempt one from legal liability.
Elections. Referendum
Article 69. The
expression of the will by the people shall be exercised through elections,
referendum and other forms of direct democracy.
Article 70. Citizens of Ukraine who have
attained to the age of eighteen as of the day of elections or referendums, shall have the right to vote.
Citizens found legally
incapable by a court shall not have the right to vote.
Article 71. Elections to the State and
local self-government bodies shall be free and shall be held on the basis of
universal, equal and direct suffrage by secret ballot.
Voters shall be guaranteed the
free expression of their will.
Article 72. The All-Ukrainian referendum
shall be called by the Verkhovna Rada of Ukraine or by the President of Ukraine
in accordance with their powers determined by this Constitution.
The All-Ukrainian referendum
shall be convened as a popular initiative at the request of at least three
million citizens of Ukraine eligible to vote, provided that the signatures in
favour of the referendum have been collected in at least two-thirds of the
oblasts with at least 100,000 signatures gathered in each oblast.
Article 73. Alterations to the territory
of Ukraine shall be resolved exclusively by the All-Ukrainian referendum.
Article 74. A referendum shall not be
permitted with regard to draft laws
on taxation, budgetary or amnesty issues.
on taxation, budgetary or amnesty issues.
Title IV
THE Verkhovna Rada of
Ukraine
Article 75. The sole body of legislative
power in Ukraine shall be the parliament – the Verkhovna Rada of Ukraine.
Article 76. The constitutional membership
of the Verkhovna Rada of Ukraine shall comprise 450 people’s deputies of
Ukraine elected on the basis of universal, equal and direct suffrage by secret
ballot.
A citizen of Ukraine having
attained to the age of twenty-one as of the day of elections, having the right
to vote, and having resided in the territory of Ukraine for the past five
years, may be elected people’s deputy of Ukraine.
A citizen who has a criminal
record of committing an intentional crime shall not be elected to the Verkhovna
Rada of Ukraine if the record has not been nullified in compliance with a
procedure established by law.
The powers of the people’s deputies
of Ukraine shall be determined by the Constitution and the laws of Ukraine.
The Verkhovna Rada of Ukraine
shall retain its power for a five-year term.
Article 77. Regular elections to the
Verkhovna Rada of Ukraine shall be held on the last Sunday of the last month of
the fifth year of the term of the Verkhovna Rada of Ukraine.
Early elections to the
Verkhovna Rada of Ukraine shall be appointed by the President of Ukraine and
shall be held within sixty day period from the day of publication of the decision
on the early termination of the powers of the Verkhovna Rada of Ukraine.
The procedure for electing the
people’s deputies of Ukraine shall be established by law.
Article 78. The people’s deputies
of Ukraine shall exercise their powers on a permanent basis.
The people’s deputies of
Ukraine shall not have another representative mandate or be involved in the
civil service or hold another office of profit or undertake other paid or
entrepreneurial activity (other than teaching, research or creative activities)
or be a member of a management body or a supervisory board of an enterprise or
a profit making organisation.
Requirements concerning the
incompatibility of the mandate of the deputy with other types of activities
shall be established by law.
Should any circumstances arise
to be in breach with the requirements concerning the incompatibility of the
mandate of the deputy with other types of activity, the people’s deputy of
Ukraine shall, within twenty days after the commencement of such circumstances,
terminate his activities or file a personal application to abdicate his
position as the people’s deputy of Ukraine.
Article 79. Prior to assuming office,
people’s deputies of Ukraine shall take the following oath before the Verkhovna
Rada of Ukraine:
“I swear allegiance to
Ukraine. I commit myself with all my deeds to protect the sovereignty and
independence of Ukraine, to provide for the good of the Motherland and for the
welfare of the Ukrainian people.
“I swear to abide by the
Constitution of Ukraine and the laws of Ukraine, to discharge my duties in the
interests of all fellow-citizens.”
The oath shall be read by the
oldest people’s deputy of Ukraine before the opening of the first session of
the newly elected Verkhovna Rada of Ukraine, upon which the deputies shall
affirm the oath with their signatures below the text of the oath.
A refusal to take the oath
shall result in the loss of the deputy’s mandate.
The powers of people’s deputies of Ukraine
shall commence immediately upon taking of the oath.
Article 80. The people’s deputies
of Ukraine shall be guaranteed immunity of a deputy.
The people’s deputies of
Ukraine shall not be held legally liable for the results of voting or for
statements made in the parliament and in its bodies, save as the liability for
an insult or defamation.
The people’s deputies of
Ukraine shall not be held criminally liable, detained or arrested without the
consent of the Verkhovna Rada of Ukraine.
Article 81. The powers of the people’s
deputies of Ukraine shall terminate with the termination of the powers of the
Verkhovna Rada of Ukraine.
The powers of a people’s
deputy of Ukraine shall be subject to early termination in the event of:
1) resignation by virtue of a
personal statement;
2) guilty verdict against him/her
entering into legal force;
3) court declaring them
legally incapable or missing;
4) termination of his
citizenship or his departure from Ukraine for permanent residence abroad;
5) failure of the deputy to
remedy the circumstances causing a breach in the incompatibility requirements
of his mandate with other activities within twenty days after the commencement
of such circumstances;
6) failure of the deputy
elected as a member of a political party (an electoral block of parties) to
join a deputy faction of such political party (an electoral block of parties)
or the termination of the membership of such deputy in such faction;
7) his/her death.
The powers of a people’s deputy of Ukraine
shall be terminated in case of early termination of powers of the Verkhovna
Rada of Ukraine in compliance with the Constitution of Ukraine on the opening
day of the first meeting of the Verkhovna Rada of Ukraine of the new
convocation.
A decision about early termination of a
people’s deputy’s powers in cases stipulated in items 1 and 4 of the second
paragraph of this Article shall be adopted by the Verkhovna Rada of Ukraine,
whereas in cases stipulated by the item 5 of the second paragraph of this
Article – by the court.
Should a guilty verdict
against a people’s deputy of Ukraine enter into legal force or should a
people’s deputy of Ukraine be found legally incapable or missing, the powers of
the people’s deputy shall be terminated when the relevant court decision comes
into force, and in case of the death of a people’s deputy
of Ukraine – from the date of death confirmed by the certificate of death.
of Ukraine – from the date of death confirmed by the certificate of death.
In case of a failure by a
people’s deputy of Ukraine elected as a member of a political party (an
electoral block of parties) to join a deputy faction of such political party
(an electoral block of parties) or in case of termination of the membership of
people’s deputy of Ukraine in such faction, the power of such deputy shall be
subject to an early termination on the basis of a law by virtue of a decision of
the supreme body of the relevant political party (an electoral block of
parties) from the date of adoption of such decision.
Article 82. The Verkhovna Rada of Ukraine shall work in sessions.
The Verkhovna Rada of Ukraine
shall be legally constituted provided that at least two-thirds of its
constitutional membership has been elected.
The Verkhovna Rada of Ukraine
shall convene its first session no later than on the thirtieth day after the
official announcement of the election results.
The first meeting of the newly
elected Verkhovna Rada of Ukraine shall
be opened by the oldest people’s deputy of Ukraine.
be opened by the oldest people’s deputy of Ukraine.
Article 83. Regular sessions of the
Verkhovna Rada of Ukraine shall commence on the first Tuesday of February and
on the first Tuesday of September each year.
Extraordinary sessions of the
Verkhovna Rada of Ukraine shall be convened, mentioning the agenda, by the
Chairman of the Verkhovna Rada of Ukraine, at the request of the President of
Ukraine or at the request of at least one-third of the constitutional
membership of the Verkhovna Rada of Ukraine.
Should a Decree of the
President of Ukraine declare an introduction
of martial law or a state of emergency in Ukraine or in certain regions of Ukraine, the Verkhovna Rada of Ukraine shall hold a meeting within two days without convocation.
of martial law or a state of emergency in Ukraine or in certain regions of Ukraine, the Verkhovna Rada of Ukraine shall hold a meeting within two days without convocation.
If the term of powers of the Verkhovna Rada
of Ukraine expires while martial law or a state of emergency is in effect, its
powers shall be extended until the day of the first meeting of the first
session of the Verkhovna Rada of Ukraine elected after the cancellation of
martial law or of the state of emergency.
A procedure for the operation of the
Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine
and Rules of Procedure of the Verkhovna Rada of Ukraine.
A coalition of deputy factions
comprising a majority of people’s deputies of Ukraine in the constitutional
membership of the Verkhovna Rada of Ukraine shall be formed in the Verkhovna
Rada of Ukraine on the basis of the results of election and on the basis of the
harmonisation of the political platforms.
A coalition of deputy factions
in the Verkhovna Rada of Ukraine shall be formed within one month from the date
of opening of the first meeting of the Verkhovna Rada of Ukraine held upon
regular or extraordinary elections to the Verkhovna Rada of Ukraine or within
one month after the date of termination of the activity of a coalition of
deputy factions in the Verkhovna Rada of Ukraine.
A coalition of deputy factions
in the Verkhovna Rada of Ukraine shall, in accordance with this Constitution,
present to the President of Ukraine for his approval a candidate for the
position of the Prime Minister of Ukraine as well as in accordance with this
Constitution shall present candidates for the Cabinet of Ministers of Ukraine.
The basis for the formation,
organisation of operation, and termination of activities of coalition of deputy
factions in the Verkhovna Rada of Ukraine shall be established by the
Constitution of Ukraine and Rules of Procedure of the Verkhovna Rada of
Ukraine.
The deputy faction of the
Verkhovna Rada of Ukraine, comprising the majority of the constitutional
membership of the Verkhovna Rada of Ukraine, shall have the rights of a
coalition of deputy factions in the Verkhovna Rada of Ukraine envisaged by this
Constitution.
Article 84. Sittings of the Verkhovna Rada
of Ukraine shall be held openly. A closed sitting shall be held subject to a
decision of the majority of the constitutional membership of the Verkhovna Rada
of Ukraine.
Decisions of the Verkhovna
Rada of Ukraine shall be adopted exclusively at its plenary sittings by voting.
Voting at the meetings of the
Verkhovna Rada of Ukraine shall be performed by a people’s deputy of Ukraine in
person.
Article 85. The Verkhovna Rada of Ukraine
shall have the following powers:
1) to introduce
amendments to the Constitution of Ukraine within the limits and in compliance
with the procedure stipulated in Title XIII of this Constitution;
2) to call the
All-Ukrainian referendum on issues indicated in Article 73
of this Constitution;
of this Constitution;
3) to adopt laws;
4) to approve the
State Budget of Ukraine and amend it; to supervise the execution of the State
Budget of Ukraine and adopt decisions on reporting concerning its execution.
5) to establish the
principles of domestic and foreign policy;
6) to approve
national programmes for economic, scientific, technical, social, national, and
cultural development and protection of the environment;
7) to call
elections for the President of Ukraine within the period stipulated by this
Constitution;
8) to hear annual
and extraordinary addresses of the President of Ukraine on the domestic and
foreign situation of Ukraine;
9) to declare war,
upon the recommendation made by the President of Ukraine, and make peace,
approve a 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) to remove the
President of Ukraine from the office in accordance with a special procedure
(impeachment) established by the Article 111 of this Constitution;
11) to consider and
adopt decisions on the approval of the Programme of Activity of the Cabinet of
Ministers of Ukraine;
12) to appoint on a
recommendation made by the President of Ukraine, of the Prime Minister of
Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of
Ukraine, and appoint, on the recommendation made by the Prime Minister of
Ukraine, of other members of the Cabinet of the Ministers of Ukraine, the
Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Committee for
Television and Radio Broadcasting of Ukraine, the Chairman of the State
Property Fund of Ukraine; and remove the aforementioned persons from their
offices; and resolve resignation of the Prime Minister of Ukraine and the
members of the Cabinet of Ministers of Ukraine;
12-1) to appoint and remove
from the office the Chairman of the Security Service of Ukraine upon the
recommendation made by the President of Ukraine;
13) to monitor the
activities of the Cabinet of Ministers of Ukraine in accordance with this
Constitution and law;
14) to approve
decisions on granting loans and economic aid by Ukraine to foreign states and
international organisations as well as decisions on receiving loans by Ukraine,
other than those stipulated by the State Budget of Ukraine, from foreign
countries, banks, and international financial organisations, and oversee the
utilisation of such loans;
15) to adopt the
Rules of Procedure of the Verkhovna Rada of Ukraine;
16) to appoint and
remove from the office the Chairman and other members of the Chamber of
Accounts;
17) to appoint and
remove from the office the Authorised Human Rights Representative to the
Verkhovna Rada of Ukraine; and to hear the Representative’s annual reports on
the state of affairs in the sphere of observance and protection of human rights
and freedoms in Ukraine;
18) to appoint and
remove from the office the Chairman of the National Bank of Ukraine upon the
recommendation made by the President of Ukraine;
19) to appoint and
remove from the office half the total members of the Council of the National
Bank of Ukraine;
20) to appoint and
remove from the office half the total members of the National Council of
Ukraine on Television and Radio Broadcasting;
21) to appoint and
remove from the office the members of the Central Election Commission on the
recommendation made by the President of Ukraine;
22) to approve the
general structure, and number of staff of the Security Service of Ukraine, the
Armed Forces of Ukraine, and other military formations established in
accordance with the laws of Ukraine, as well as of the Ministry of Interior of
Ukraine, and specification of the functions of the same;
23) to approve
decisions on military assistance to other states, on dispatching the Ukrainian
Armed Forces units to another states or on admitting units of armed forces of
other states to the territory of Ukraine;
24) to designate
the State symbols of Ukraine;
25) to grant
consent for the appointment and removal from the office by the President of
Ukraine of the Prosecutor General of Ukraine; to declare no confidence in the
Prosecutor General of Ukraine resulting in his resignation from the office;
26) to appoint and
remove from the office one-third of the members of the Constitutional Court of
Ukraine;
27) to elect judges
for indefinite terms;
28) to terminate
early the powers of the Verkhovna Rada of the Autonomous Republic of Crimea on
the basis of an opinion of the Constitutional Court of Ukraine concerning the
violation of the Constitution or laws of Ukraine by the Verkhovna Rada of the
Autonomous Republic of Crimea; to call extraordinary elections for the
Verkhovna Rada of the Autonomous Republic of Crimea;
29) to establish
and abolish rayons (districts), to establish and alter rayons and cities
boundaries, as well as to grant the status of city to inhabited localities,
name and rename of inhabited localities and rayons;
30) to call regular
and extraordinary elections to local self-government bodies;
31) to approve,
within a two day period from the date of submission by the President of Ukraine
of the decrees on introduction of martial law or the state of emergency in
Ukraine or in its particular areas, on total or partial mobilisation, and on
declaring particular areas as zones of ecological emergency situations;
32) to grant by the
law the consent to the binding character of international treaties of Ukraine,
and to denounce international treaties of Ukraine;
33) to exercise
parliamentary control within the limits established by this Constitution and
law;
34) to adopt
decisions on forwarding an inquiry to the President of Ukraine at the request
of a people’s deputy of Ukraine, a group of people’s deputies, or a Committee
of the Verkhovna Rada of Ukraine previously supported by at least one-third of
the constitutional members of the Verkhovna Rada of Ukraine;
35) to appoint and
remove from the office the Head of Staff of the Verkhovna Rada of Ukraine;
approve the budget of the Verkhovna Rada of Ukraine and the structure of its
staff;
36) to adopt the
list of objects of the state property not subject to privatisation and
establish legal principles regarding the expropriation of private property;
37) to approve by
the law the Constitution of the Autonomous Republic of Crimea and amendments
thereto.
The Verkhovna Rada of Ukraine
shall exercise other powers specified within the frame of reference of the
Verkhovna Rada in accordance with the Constitution of Ukraine.
Article 86. At a session of the Verkhovna
Rada of Ukraine, a people’s deputy of Ukraine shall have the right to make
inquiries to bodies of the Verkhovna Rada of Ukraine, the Cabinet of Ministers
of Ukraine, heads of other state and local self-government bodies, as well as
heads of enterprises, institutions, and organisations located in the territory
of Ukraine, irrespective of their subordination and forms of ownership.
Heads of state power and local self-government
bodies, heads of enterprises, institutions, and organisations shall be obliged
to notify a people’s deputy of Ukraine of the results of their inquiry.
Article 87. The Verkhovna Rada of Ukraine,
upon the proposal of the President of Ukraine or of at least one-third of the
constitutional membership of the people’s deputies of Ukraine, may consider an
issue concerning responsibility of the Cabinet of Ministers of Ukraine or adopt
a resolution of non-confidence in the Cabinet of Ministers of Ukraine by the
majority of the constitutional membership of the Verkhovna Rada of Ukraine.
The issue of the
responsibility of the Cabinet of Ministers of Ukraine shall not be considered
by the Verkhovna Rada of Ukraine more than once during same regular session, or
within one year after the approval of the Programme of Activity of the Cabinet
of Ministers of Ukraine, or in course of the last session of the Verkhovna Rada
of Ukraine.
Article 88. The Verkhovna Rada of Ukraine
shall elect from among its members the Chairman of the Verkhovna Rada of
Ukraine, the First Vice-Chairman and the Vice-Chairman of the Verkhovna Rada of
Ukraine, and shall recall them from their respective offices.
The Chairman of the Verkhovna
Rada of Ukraine shall:
1) preside at the
meetings of the Verkhovna Rada of Ukraine;
2) organise the
operation and proceedings of the Verkhovna Rada of Ukraine and co-ordinate the
activities of its bodies;
3) sign acts
adopted by the Verkhovna Rada of Ukraine;
4) represent the
Verkhovna Rada of Ukraine in relations with other State power bodies of Ukraine
and with the agencies of other states;
5) organise the
work of the staff of the Verkhovna Rada of Ukraine.
The Chairman of the Verkhovna Rada of
Ukraine shall exercise the powers, stipulated by this Constitution in
compliance with the procedure established by the Rules of Procedure of the
Verkhovna Rada of Ukraine.
Article 89. The Verkhovna Rada of Ukraine,
for the purposes of law drafting, preparation, and preliminary consideration of
issues within the frame of reference of the Verkhovna Rada, and to exercise the
supervisory functions in compliance with the Constitution of Ukraine, shall
form the Committees of the Verkhovna Rada of Ukraine from among people’s
deputies of Ukraine and shall elect the chairmen, first vice-chairmen,
vice-chairmen and secretaries of such Committees.
The Verkhovna Rada of Ukraine,
within the limits of its powers, may establish ad hoc Special Commissions for the preparation and preliminary
consideration of issues.
To investigate issues of
public interest, the Verkhovna Rada of Ukraine shall establish the ad hoc Commissions of Inquiry, provided
that at least one-third of the constitutional membership of the Verkhovna Rada
of Ukraine has voted in favour thereof.
The conclusions and proposals of the ad hoc Commissions of Inquiry shall not
be decisive for investigation or court.
The organisation and
operational procedure of Committees of the Verkhovna Rada of Ukraine, and its ad hoc Special Commissions and the ad hoc Commissions of Inquiry shall be
determined by law.
Article 90. The powers of the Verkhovna
Rada of Ukraine shall be terminated on the day of the opening of the first
meeting of the Verkhovna Rada of Ukraine of a new convocation.
The President of Ukraine shall
have the right to an early termination of powers of the Verkhovna Rada in the
following cases:
1) the Verkhovna
Rada of Ukraine fails to form a coalition of deputy factions in compliance with
Article 83 of this Constitution within one month;
2) no new Cabinet
of Ministers of Ukraine has been formed within sixty days after the resignation
of the Cabinet of Ministers of Ukraine;
3) plenary sessions
fail to commence within thirty days of a single regular session.
A decision on an early termination of the
powers of the Verkhovna Rada of Ukraine shall be taken by the President of
Ukraine upon consultations with the Chairman of the Verkhovna Rada of Ukraine,
vice-chairmen, and leaders of deputy factions in the Verkhovna Rada of Ukraine.
The powers of the Verkhovna
Rada of Ukraine elected at extraordinary elections held after the early
termination of powers of the Verkhovna Rada of Ukraine of the previous
convocation by the President of Ukraine shall not be terminated within one year
from the date of its election.
The powers of the Verkhovna
Rada of Ukraine may not be subject to an early termination at the initiative of
the President of Ukraine within the last six months of the term of powers of
the Verkhovna Rada of Ukraine or the President of Ukraine.
Article 91. The Verkhovna Rada of Ukraine
shall adopt laws, resolutions, and other acts by the majority of its
constitutional membership, unless otherwise stipulated by this Constitution.
Article 92. The following matters shall be
determined exclusively by laws of Ukraine:
1) human and
citizen rights and freedoms, the guarantees of these rights and freedoms; the
main duties of the citizen;
2) citizenship, the
legal personality of citizens, the status of foreigners and stateless persons;
3) the rights of
indigenous peoples and national minorities;
4) a procedure for
the use of languages;
5) the principles
of the use of natural resources, the exclusive (maritime) economic zone and the
continental shelf, the exploration of outer space, the organisation and
operation of power supply systems, transport, and communications;
6) the fundamentals
of social protection, the forms and types of pension; the principles of the
regulation of labour and employment, marriage, family, the protection of
childhood, motherhood, and fatherhood; upbringing, education, culture, and
health care; ecological safety;
7) the legal
framework for property;
8) legal principles
and guarantees for entrepreneurship; rules of competition and provisions on
antimonopoly regulation;
9) the principles
of foreign relations, foreign economic activity, and customs practices;
10) the principles
of demographic and migration processes regulation;
11) the principles
of the establishment and activity of political parties, other associations of
citizens, and the mass media;
12) the
organisation and activity of executive power bodies, the fundamentals of civil
service, the organisation of state statistics and information;
13) the territorial
structure of Ukraine;
14) the judicial
system, judiciary, the status of judges, the principles of judicial expertise,
the organisation and operation of the prosecutor’s office, the bodies of
inquisition and investigation, the notary, the bodies and institutions for the
enforcement of punishments; the fundamentals of the organisation and activity
of advocates;
15) the principles
of local self-governance;
16) the status of
the capital of Ukraine; the special status of other cities;
17) the
fundamentals of national security, the formation of the Armed Forces of Ukraine
and ensuring public order;
18) the legal
regime of the state border;
19) the legal
regime of martial law and state of emergency, zones
of ecological emergency situations;
of ecological emergency situations;
20) the
organisation and procedure for conducting elections and referendums;
21) the
organisation and operational procedure of the Verkhovna Rada
of Ukraine, the status of people’s deputies of Ukraine;
of Ukraine, the status of people’s deputies of Ukraine;
22) the principles
of civil legal liability; acts deemed crimes, administrative or disciplinary offences,
and liability for the same.
The following matters shall be
established exclusively by laws of Ukraine:
1) the State Budget
of Ukraine and the budgetary system of Ukraine; the system of taxation, taxes
and levies; the principles of the formation and operation of financial,
monetary, credit, and investment markets; the status of the national currency
and the status of foreign currencies on the territory of Ukraine;
a procedure for the formation and settlement of state domestic and foreign debt; and a procedure for the issue and circulation of state securities, and their types and forms;
a procedure for the formation and settlement of state domestic and foreign debt; and a procedure for the issue and circulation of state securities, and their types and forms;
2) a procedure for
dispatching units of the Armed Forces of Ukraine to other states; and a
procedure for admitting and the terms for stationing units of armed forces of
other states on the territory of Ukraine;
3) units of weight,
measure and time; a procedure for the establishment of state standards;
4) a procedure for
the use and protection of State symbols;
5) state awards;
6) military,
diplomatic, and other special ranks;
7) public holidays;
8) a procedure for
the establishment and functioning of free and other special zones having an
economic and migration regime other than the general regime.
Amnesty shall be declared by a
law of Ukraine.
Article 93. The right of legislative
initiative in the Verkhovna Rada of Ukraine shall be vested in the President of
Ukraine, people’s deputies of Ukraine, and the Cabinet of Ministers of Ukraine.
Draft laws defined by the
President of Ukraine as urgent shall be considered out of turn by the Verkhovna
Rada of Ukraine.
Article 94. The Chairman of the Verkhovna
Rada of Ukraine shall sign a law and forward it without delay to the President
of Ukraine.
The President of Ukraine shall
sign such law within fifteen days of its receipt, accepting it for execution,
and shall officially promulgate it or return to the Verkhovna Rada of Ukraine
with substantiated and formulated proposals for reconsideration.
Should the President of
Ukraine fail to return a law for reconsideration within the established period,
such law shall be deemed approved by the President of Ukraine and shall be
signed and officially promulgated.
Should the Verkhovna Rada of Ukraine adopt
a law during its reconsideration by at least two-thirds of the constitutional
membership of people’s deputies, the President of Ukraine shall be obliged to
sign and officially promulgate such law within ten days. Should the President
fail to sign such law, it shall be immediately promulgated by the Chairman of
the Verkhovna Rada of Ukraine and published with the signature of the Chairman
of the Verkhovna Rada of Ukraine.
A law shall enter into force
in ten days after the date of its official promulgation, unless otherwise
stipulated by such law, provided that such other date shall not be earlier than
the date of publication of such law.
Article 95. The budgetary system of
Ukraine shall be based on the principles of fair and impartial distribution of
social wealth among citizens and territorial communities.
Any state expenditures for the
needs of the entire society, and the extent and purposes of such expenditures
shall be determined exclusively by the law on the State Budget of Ukraine.
The State shall strive for
balanced budget of Ukraine.
Regular reports on revenues
and expenditures of the State Budget of Ukraine shall be made public.
Article 96. The State Budget of Ukraine
shall be annually approved by the Verkhovna Rada of Ukraine for the period from
the 1 January to 31 December, or for a different period under special
circumstances.
The Cabinet of Ministers of Ukraine shall
submit a draft law on the State Budget of Ukraine for the succeeding year to
the Verkhovna Rada of Ukraine not later than 15 September of each year. The
report on the course of the execution of the State Budget of Ukraine in the
current year shall be submitted along with the draft law.
Article 97. The Cabinet of Ministers of
Ukraine shall submit a report on the execution of the State Budget of Ukraine
to the Verkhovna Rada of Ukraine in accordance with law.
The submitted report shall be
made public.
Article 98. The Chamber of Accounts shall,
on behalf of the Verkhovna Rada of Ukraine, exercise the control over the
revenue to the State Budget of Ukraine and the use thereof.
Article 99. The currency unit of Ukraine
shall be hryvnia.
Ensuring the stability of the
currency unit shall be the major function of the central bank of the State –
the National Bank of Ukraine.
Article 100. The Council of the National
Bank of Ukraine shall develop the basic principles of monetary and credit
policy, and control its implementation.
The legal status of the
Council of the National Bank of Ukraine shall
be determined by law.
be determined by law.
Article 101. Parliamentary
oversight of the protection of human and citizen constitutional rights and
freedoms shall be conducted by the Authorized Representative to the Verkhovna
Rada of Ukraine on Human Rights.
Title V
THE President of Ukraine
Article 102. The President of Ukraine shall
be the Head of the State and shall act on behalf of the State.
The President of Ukraine shall
be the guarantor of the state sovereignty and territorial integrity of Ukraine,
the observance of the Constitution of Ukraine, human and citizen rights and
freedoms.
Article 103. The President of Ukraine shall
be elected by the citizens of Ukraine for a five-year period on the basis of
universal, equal, and direct suffrage by secret ballot.
A citizen of Ukraine, having
attained the age of thirty-five, having the right to vote, residing in Ukraine
for the past ten years prior to the day of elections, and having command of the
state language, may be elected the President of Ukraine.
The same person may not serve
as the President of Ukraine for more than two consecutive terms.
The President of Ukraine shall
not have another representative mandate, hold office in State power bodies or
associations of citizens, perform any other paid or entrepreneurial activity,
and shall not be a member of an administrative body or board of supervisors of
an enterprise aimed at making profit.
Regular elections of the President of
Ukraine shall be held on the last Sunday of the last month of the fifth year of
authority of the President of Ukraine. In case of an early termination of the
authority of the President of Ukraine, elections of the President of Ukraine
shall be held within ninety days from the day of termination of the authority.
A procedure for holding
elections for the President of Ukraine shall
be established by law.
be established by law.
Article 104. The newly elected President of
Ukraine shall assume office within thirty days after the official announcement
of the results of the election upon taking the oath to the people at a
ceremonial meeting of the Verkhovna Rada of Ukraine.
The Chairman of the
Constitutional Court of Ukraine shall administer the oath to the President of
Ukraine.
The President of Ukraine shall
take the following oath:
“I, (name and surname),
elected by the will of the people as the President of Ukraine, assuming this
high office, do solemnly swear allegiance to Ukraine. I pledge with all my
undertakings to protect the sovereignty and independence of Ukraine, to provide
for the good of the Motherland and the welfare of the Ukrainian people, to
protect the rights and freedoms of citizens, to abide by the Constitution of
Ukraine and laws of Ukraine, to exercise my duties in the interests of all
compatriots, and to enhance the prestige of Ukraine in the world.”
The President of Ukraine elected by special
election shall take the oath within five days after the official announcement
of the election results.
Article 105. The President of Ukraine shall
enjoy the right of immunity for the period of his authority.
Persons guilty of infringing
upon the honour and dignity of the President of Ukraine shall be liable
according to law.
The title of the President of
Ukraine shall be protected by law and shall be reserved for the President for
life, unless the President of Ukraine has been removed from the office in
compliance with a procedure of impeachment.
Article 106. The President of Ukraine
shall:
1) ensure the
independence, national security, and legal succession of the State;
2) address the
people, deliver annual and extraordinary speeches on the domestic and foreign
situation of Ukraine to the Verkhovna Rada of Ukraine;
3) represent the
State in international relations, administer the foreign political activity of
the State, conduct negotiations and conclude international treaties;
4) adopt decisions
on the recognition of foreign states;
5) appoint and
dismiss heads of diplomatic missions of Ukraine to other states and to
international organisations; accept credentials and letters of recall of
diplomatic representatives of foreign states;
6) appoint the
All-Ukrainian referendum regarding amendments to the Constitution of Ukraine in
accordance with Article 156 of this Constitution, and proclaim the
All-Ukrainian referendum initiated through the popular initiative;
7) designate
extraordinary elections to the Verkhovna Rada of Ukraine within the period
determined by this Constitution;
8) terminate the
authority of the Verkhovna Rada of Ukraine in cases stipulated by this
Constitution;
9) submit, on the
basis of a proposal made by the coalition of deputy factions in the Verkhovna
Rada of Ukraine, formed in compliance with Article 83 of the Constitution of
Ukraine, the proposal regarding the appointment by the Verkhovna Rada of
Ukraine of the Prime Minister of Ukraine within fifteen days after
a receipt of such proposal;
a receipt of such proposal;
10) submit the proposal
to the Verkhovna Rada of Ukraine regarding the appointment of the Minister of
Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;
11) appoint and
dismiss, subject to an approval by the Verkhovna Rada
of Ukraine, the Prosecutor General of Ukraine;
of Ukraine, the Prosecutor General of Ukraine;
12) appoint and
dismiss one half of the membership of the Council of the National Bank of
Ukraine;
13) appoint and
dismiss one half of the membership of the National Council of Ukraine on
Television and Radio Broadcasting;
14) submit to the
Verkhovna Rada of Ukraine the proposal regarding appointment or dismissal of
the Head of the Security Service of Ukraine;
15) revoke acts of
the Cabinet of Ministers of Ukraine on the ground of their non-compliance with
this Constitution and simultaneously appeal to the Constitutional Court of
Ukraine for the verification of the constitutionality of such acts;
16) revoke acts of
the Council of Ministers of the Autonomous Republic of Crimea;
17) be the
Commander-in-Chief of the Armed Forces of Ukraine; appoint and dismiss the high
command of the Armed Forces of Ukraine and other military formations;
administer the national security and defence of the State;
18) be the Head of
the National Security and Defence Council of Ukraine;
19) submit to the
Verkhovna Rada of Ukraine a declaration of a state of war, and adopt a decision
on the use of the Armed Forces and other military formations established in
compliance with laws of Ukraine in the event of armed aggression against
Ukraine;
20) adopt, in accordance
with law, a decision on the general or partial mobilisation and the
introduction of martial law in Ukraine or in its particular territories, in the
event of a threat of aggression, or danger to the independence
of Ukraine;
of Ukraine;
21) adopt, if necessary,
a decision on the introduction of a state of emergency in Ukraine or in its
particular territories, or declare certain territories of Ukraine as zones of
ecological emergency situation with the subsequent confirmation of such
decisions by the Verkhovna Rada of Ukraine;
22) appoint and
remove from the office one-third of the members
of the Constitutional Court of Ukraine;
23) establish
courts in compliance with a procedure determined by law;
24) confer high
military, high diplomatic, and other high special ranks and class orders;
25) confer state
awards; establish presidential distinctions and confer them;
26) adopt decisions
on granting the citizenship of Ukraine, termination
of the citizenship of Ukraine, and on granting asylum in Ukraine;
of the citizenship of Ukraine, and on granting asylum in Ukraine;
27) grant pardons;
28) create, within
the limits of the funds stipulated in the State Budget
of Ukraine, consultative, advisory, and other subsidiary bodies and services assisting in the exercise of Presidential authority;
of Ukraine, consultative, advisory, and other subsidiary bodies and services assisting in the exercise of Presidential authority;
29) sign laws
adopted by the Verkhovna Rada of Ukraine;
30) have the right
to veto laws adopted by the Verkhovna Rada of Ukraine (except for the laws on
introducing amendments to the Constitution of Ukraine) with their subsequent
return for reconsideration by the Verkhovna Rada
of Ukraine;
of Ukraine;
31) exercise other
powers determined by the Constitution of Ukraine.
The President of Ukraine shall
not delegate his powers to other persons or bodies.
The President of Ukraine shall
issue decrees and directives mandatory for the execution on the territory of
Ukraine on the basis and in pursuance of the Constitution and laws of Ukraine.
Acts of the President of
Ukraine issued within the limits of authority stipulated in items 5, 18, 21,
and 23 of this Article shall be countersigned by the Prime Minister of Ukraine
and the Minister responsible for the act and its implementation.
Article 107. The National Security and
Defence Council of Ukraine shall
be the co-ordinating body to the President of Ukraine on the issues of national security and defence.
be the co-ordinating body to the President of Ukraine on the issues of national security and defence.
The National Security and
Defence Council of Ukraine shall co-ordinate and control the activity of
executive power bodies in the area of national security and defence.
The President of Ukraine shall
be the Head of the National Security and Defence Council of Ukraine.
The President of Ukraine shall
form the personal membership of the National Security and Defence Council of
Ukraine.
The Prime Minister of Ukraine,
the Minister of Defence of Ukraine, the Head of the Security Service of Ukraine,
the Minister of Internal Affairs of Ukraine, and the Minister of Foreign
Affairs of Ukraine, shall be ex officio
members of the National Security and Defence
Council of Ukraine.
The Chairman of the Verkhovna
Rada of Ukraine may participate in the meetings of the National Security and Defence Council of
Ukraine.
Decisions of the National
Security and Defence Council of Ukraine shall be put into effect by decrees of
the President of Ukraine.
The competence and functions of the
National Security and Defence Council of Ukraine shall be determined by law.
Article 108. The President of Ukraine shall
exercise his powers until the assumption of office by the newly elected
President of Ukraine.
The authority of the President
of Ukraine shall be subject to an early termination in cases of:
1) resignation;
2) inability to
exercise presidential authority for health reasons;
3) removal from
office by the procedure of impeachment;
4) death.
Article 109. The resignation of the
President of Ukraine shall enter into force from the moment when he personally
announces the statement of resignation at a meeting of the Verkhovna Rada of
Ukraine.
Article 110. Incapability of the President
of Ukraine to exercise his authority for health reasons shall be determined at
a meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted
by the majority of its constitutional membership on the basis of a written
petition of the Supreme Court of Ukraine, upon a recourse of the Verkhovna Rada
of Ukraine and a medical opinion.
Article 111. The President of Ukraine may
be removed from the office by the Verkhovna Rada of Ukraine in compliance with
a procedure of impeachment if he commits treason or other crime.
The issue of the removal of
the President of Ukraine from the office in compliance with a procedure of
impeachment shall be initiated by the majority of the constitutional membership
of the Verkhovna Rada of Ukraine.
The Verkhovna Rada of Ukraine
shall establish a special ad hoc
investigating commission, composed of special prosecutor and special
investigators to conduct an investigation.
The conclusions and proposals
of the ad hoc investigating
commission shall be considered at the meeting of the Verkhovna Rada of Ukraine.
On the ground of evidence, the Verkhovna
Rada of Ukraine shall, by at least two-thirds of its constitutional membership,
adopt a decision to bring charges against the President of Ukraine.
The decision on the removal of
the President of Ukraine from the office in compliance with the procedure of
impeachment shall be adopted by the Verkhovna Rada of Ukraine by at least
three-quarters of its constitutional membership upon a review of the case by
the Constitutional Court of Ukraine, and receipt of its opinion on the
observance of the constitutional procedure of investigation and consideration
of the case of impeachment, and upon a receipt of the opinion of the Supreme
Court of Ukraine to the effect that the acts, of which the President of Ukraine
is accused, contain elements of treason or other crime.
Article 112. In the
event of an early termination of the authority of the President of Ukraine in
accordance with Articles 108, 109, 110 and 111 of this Constitution, the
discharge of the duties of the President of Ukraine, for the period pending the
elections and the assumption of the office by the next President of Ukraine,
shall be vested in the Chairman of the Verkhovna Rada of Ukraine. The Chairman
of the Verkhovna Rada of Ukraine, for the period of discharge of the duties of
the President of Ukraine, shall not exercise the powers stipulated by items 2,
6 to 8, 10 to 13, 22, 24, 25, 27 and 28 of Article 106 of the Constitution of
Ukraine.
THE Cabinet of Ministers of Ukraine. Other Executive authorities
Article 113. The Cabinet of
Ministers of Ukraine shall be the highest body in the executive branch.
The Cabinet of Ministers of Ukraine shall
be responsible to the President of Ukraine and the Verkhovna Rada of Ukraine,
under the control of, and accountable to the Verkhovna Rada of Ukraine within
the limits stipulated by this Constitution.
The Cabinet of Ministers of
Ukraine shall be guided in its activities by the Constitution and laws of
Ukraine, as well as by decrees of the President of Ukraine and resolutions of
the Verkhovna Rada of Ukraine, adopted in compliance with the Constitution and
laws of Ukraine.
Article 114. The Cabinet of
Ministers of Ukraine shall be comprised of the Prime Minister of Ukraine, the
First Vice-Prime Minister, Vice-Prime Ministers and Ministers.
The Prime Minister of Ukraine
shall be appointed by the Verkhovna Rada of Ukraine upon the submission of
proposal by the President of Ukraine.
The candidature for the
appointment as the Prime Minister of Ukraine shall be introduced by the President
of Ukraine on the basis of a proposal of the coalition of deputy factions of
the Verkhovna Rada of Ukraine formed
in compliance with Article 83 of the Constitution of Ukraine, or of a deputy faction comprising the majority of the people's deputies of the constitutional membership of the Verkhovna Rada of Ukraine.
in compliance with Article 83 of the Constitution of Ukraine, or of a deputy faction comprising the majority of the people's deputies of the constitutional membership of the Verkhovna Rada of Ukraine.
The Minister of Defence of
Ukraine and the Minister of Foreign Affairs of Ukraine shall be appointed by
the Verkhovna Rada of Ukraine upon the submission of proposal by the President
of Ukraine, whereas other members of the Cabinet of Ministers of Ukraine shall
be appointed by the Verkhovna Rada of Ukraine upon the submission of proposal
by the Prime Minister of Ukraine.
The Prime Minister of Ukraine
shall manage the work of the Cabinet of Ministers of Ukraine and direct such
work at the implementation of the Programme of Activity of the Cabinet of
Ministers of Ukraine adopted by the Verkhovna Rada of Ukraine.
Article 115. The Cabinet of
Ministers of Ukraine shall abdicate responsibility to the newly elected
Verkhovna Rada of Ukraine.
The Prime Minister of Ukraine
and other members of the Cabinet of Ministers of Ukraine shall have the right
to announce their resignation to the Verkhovna Rada of Ukraine.
The resignation of the Prime Minister
of Ukraine or adoption of the Cabinet of Ministers of Ukraine non-confidence
resolution by the Verkhovna Rada of Ukraine, shall entail the resignation of
the entire Cabinet of Ministers of Ukraine. In such cases, the Verkhovna Rada
of Ukraine shall form new Cabinet of Ministers of Ukraine within a period and
in compliance with the procedure determined by this Constitution.
The Cabinet of Ministers of Ukraine who
abdicated responsibility to the newly elected Verkhovna Rada of Ukraine or the
resignation of which has been accepted by the Verkhovna Rada of Ukraine, shall
continue to exercise its powers until a newly formed Cabinet of Ministers of
Ukraine commence its activity.
Article 116. The Cabinet of
Ministers of Ukraine shall:
1) ensure the state
sovereignty and economic independence of Ukraine, the implementation of
domestic and foreign policy of the State, and the execution of the
Constitution, laws of Ukraine, and acts
of the President of Ukraine;
2) take measures to
ensure human and citizen rights and freedoms;
3) ensure the
implementation of financial, pricing, investment, and taxation policy; the
policy in the areas of labour and employment, social security, education,
science and culture, environmental protection, ecological safety, and
exploitation of natural resources;
4) develop and
implement national programmes of economic, scientific and technical, social and
cultural development of Ukraine;
5) ensure equal
conditions of development of all forms of ownership; effect management of the
state property in accordance with law;
6) elaborate a
draft law on the State Budget of Ukraine, ensure the implementation of the
State Budget of Ukraine approved by the Verkhovna Rada of Ukraine, and submit a
report on its implementation to the Verkhovna Rada of Ukraine;
7) take measures to
ensure the defence potential and national security of Ukraine, public order,
and fight against crime;
8)
organise and ensure realization of foreign economic activity of Ukraine and the
customs practice;
9) direct and
co-ordinate the work of ministries and other executive authorities;
9-1) form, reorganise, and liquidate in
compliance with law, Ministries and other central executive authorities, acting
within the limits of funds allocated to the maintenance of executive authorities;
9-2) appoint to and remove
from the office chief officers of central executive authorities not included in
the Cabinet of Ministers of Ukraine, upon the submission of proposal by the
Prime Minister of Ukraine;
10) exercise other
powers determined by the Constitution and
laws of Ukraine.
Article 117. The Cabinet of
Ministers of Ukraine shall, within the limits
of its competence, issue directives and resolutions mandatory for execution.
of its competence, issue directives and resolutions mandatory for execution.
Acts of the Cabinet of
Ministers of Ukraine shall be signed by the Prime Minister of Ukraine.
Regulatory legal acts of the
Cabinet of Ministers of Ukraine, ministries and other central executive
authorities shall be subject to registration in compliance with a procedure
established by law.
Article 118. The executive power
in oblasts and rayons, and in the cities of Kyiv and Sevastopol shall be
exercised by the local state administrations.
Particular aspects of
exercising executive power in the cities of Kyiv and Sevastopol shall be determined
by special laws of Ukraine.
Local state administration
bodies shall be formed by the heads of the local state administrations.
Heads of local state
administrations shall be appointed to and removed from their office by the
President of Ukraine upon the submission of proposal by the Cabinet of
Ministers of Ukraine.
In the exercise of their
duties, heads of local state administrations shall be responsible to the
President of Ukraine and to the Cabinet of Ministers of Ukraine, and shall be
accountable to, and under the control of, executive authorities of a higher
level.
Local state administrations
shall be accountable to, and under the control of, radas (councils) in the part
of the powers delegated to them by the respective rayon or oblast radas.
Local state administrations
shall be accountable to, and under the control of, the executive authorities of
a higher level.
Decisions of the heads of
local state administrations contradicting the Constitution and laws of Ukraine
or other acts of legislation of Ukraine, may be revoked by the President of
Ukraine or by the head of the local state administration of a higher level in
accordance with law.
An oblast or rayon rada may
express non-confidence in the head of the respective local state administration,
and on the basis of which the President of Ukraine shall adopt a decision and
provide a substantiated reply.
If two-thirds of the deputies of the
membership of the respective rada express non-confidence in the head of a rayon
or oblast state administration, the President of Ukraine shall adopt a decision
on the resignation of the head of the local state administration.
Article 119. Local state
administrations in their respective territory shall ensure:
1) the execution of
the Constitution and laws of Ukraine, acts of the President of Ukraine, acts of
the Cabinet of Ministers of Ukraine and other executive power bodies;
2) legality and
legal order; the observance of rights and freedoms of citizens;
3) the
implementation of state and regional programmes for socio-economic and cultural
development, programmes for environmental protection, and, in areas where
indigenous peoples and national minorities reside, programmes for their
national and cultural development;
4) preparation and
execution of respective oblast and rayon budgets;
5) reporting on the
execution of respective budgets and programmes;
6) interaction with
local self-government bodies;
7) the realisation
of other powers vested by the State and delegated by the respective radas.
Article 120. Members of the
Cabinet of Ministers of Ukraine and heads of central and local executive power
bodies shall have no right to combine their office with other work (except for
teaching, research, and creative activities outside of working hours), or to be
members of an administrative body or board of supervisors of an enterprise
aimed at making profit.
The organisation, powers, and
operational procedure of the Cabinet of Ministers of Ukraine, and other central
and local executive power bodies shall be determined by the Constitution and
laws of Ukraine.
Title VII
PUBLIC PROSECUTION
Article 121. The public
prosecution of Ukraine shall constitute a single system entrusted with:
1) prosecution in
court on behalf of the State;
2) representation
of the interests of a citizen or of the State in court in cases determined by
law;
3) supervision over
the observance of laws by bodies that conduct operative-investigative
activities, inquiry, and pre-trial investigations;
4)
supervision over the observance of laws in the course of execution
of court decisions in criminal cases and application of other measures of coercion in relation to the restraint of personal freedoms of citizens;
of court decisions in criminal cases and application of other measures of coercion in relation to the restraint of personal freedoms of citizens;
5)
supervision over the observance of human and civil rights and freedoms and over
the observance of laws regulating these issues by executive power bodies, by
local self-government bodies, their officials, and officers.
Article 122. The public
prosecution of Ukraine shall be headed by the Prosecutor General of Ukraine,
appointed to or removed from the office by the President of Ukraine subject to
consent of the Verkhovna Rada of Ukraine. The Verkhovna Rada of Ukraine may
express the non-confidence in the Prosecutor General of Ukraine, which shall
entail his resignation from the office.
The term of powers of the
General Prosecutor of Ukraine shall be five years.
Article 123. The structure and
operational procedures of the public prosecution bodies of Ukraine shall be
determined by law.
Title VIII
Justice
Article 124. Justice in Ukraine shall be
administered exclusively by the courts. Delegation of the functions of courts
or appropriation of such functions by other bodies or officials shall be
prohibited.
The jurisdiction of the courts
shall extend to all legal relations that arise in the State.
Judicial proceedings shall be
performed by the Constitutional Court of Ukraine and courts of general
jurisdiction.
The people shall directly participate in
the administration of justice through people's assessors and jurors.
Court decisions shall be
adopted by the courts in the name of Ukraine and shall be mandatory for
execution throughout the entire territory of Ukraine.
Article 125. In Ukraine, the system of
courts of general jurisdiction shall be formed in accordance with the
territorial principle and the principle of specialisation.
The Supreme Court of Ukraine
shall be the highest judicial body in the system of courts of general
jurisdiction.
The respective high courts
shall be the highest judicial bodies of specialised courts.
Courts of appeal and local
courts shall operate in accordance with law.
Establishment of extraordinary and special
courts shall not be permitted.
Article 126. The independence and immunity
of judges shall be guaranteed by the Constitution and laws of Ukraine.
Any influence on judges shall
be prohibited.
A judge shall not be detained
or arrested without the consent of the Verkhovna Rada of Ukraine, until a
verdict of guilty is rendered by a court.
Judges shall hold office for
unlimited term, except for the judges of the Constitutional Court of Ukraine
and judges appointed as such for the first time.
A judge shall be dismissed
from office by the body having elected or appointed him in the event of:
1) the expiration
of the term, for which he has been elected or appointed;
2) attaining the
age of sixty-five;
3) incapability to
exercise his powers for health reasons;
4) violation by the
judge of requirements concerning incompatibility;
5) a breach of oath
by the judge;
6) the entry into
legal force of a verdict of guilty against him;
7) the termination
of his citizenship;
8) declaring the
judge as missing, or pronouncing him dead;
9) the submission
by a judge of a statement of resignation or of voluntary dismissal from the
office.
The authority of a judge shall
be terminated in the event of his death.
The State shall ensure the
personal security of judges and their families.
Article 127. Justice shall be administered
by professional judges and, in cases determined by law, people's assessors and
jurors.
Professional judges may not
belong to political parties or trade unions,
or take part in any political activity, hold a representative mandate, hold any other paid offices, perform other remunerated work except for research, teaching, or creative activities.
or take part in any political activity, hold a representative mandate, hold any other paid offices, perform other remunerated work except for research, teaching, or creative activities.
A citizen of Ukraine having
attained at least twenty five years of age, having a higher legal education,
three years of work experience in the legal profession, having resided in
Ukraine for at least ten years, and having command of the state language may be
recommended for the office of a judge by the Qualification Commission of
Judges.
Persons having a professional
training in issues of jurisdiction of specialised courts may become judges of
such courts. Such judges shall administer justice only as members of a judicial
chamber.
Additional requirements to certain
categories of judges in terms of experience, age, and their professional level
shall be established by law.
Protection of the professional
interests of judges shall be provided in compliance with a procedure
established by law.
Article 128. The first appointment as a
professional judge to the office for a five-year term shall be made by the
President of Ukraine. All other judges, except for the judges of the
Constitutional Court of Ukraine, shall be elected by the Verkhovna Rada of
Ukraine for unlimited term in compliance with a procedure established by law.
The Chairman of the Supreme
Court of Ukraine shall be elected to his office and dismissed from such office
by the Plenary Assembly of the Supreme Court of Ukraine by secret ballot in
compliance with a procedure established by law.
Article 129. Administering justice, judges
shall be independent and abide only by law.
Judicial proceedings shall be
conducted by a single judge, by a panel of judges, or by a court of the jury.
The main principles of
judicial proceedings shall be:
1) legality;
2) equality of all
participants of a trial under the law and before the court;
3) ensuring that
the guilt is proved;
4) adversarial
procedure and freedom of the parties in presenting their evidence to the court
and in proving the cogency of the evidence before the court;
5) prosecution by
the prosecutor in court on behalf of the State;
6) ensuring the
right of an accused person to a defence;
7) openness of
trial and its complete recording by technical means;
8) ensuring appeal
and cassation against a court decision, save as in cases established by law;
9) the mandatory
nature of court decisions.
The law may also determine
other principles of judicial proceedings
in courts of specific judicial jurisdiction.
in courts of specific judicial jurisdiction.
Persons guilty of contempt of
court or of showing disrespect towards the judge shall be held legally
responsible.
Article 130. The State shall ensure funding
and proper conditions for the functioning of courts and the activity of judges.
Expenditures for the maintenance of courts shall be allocated separately in the
State Budget of Ukraine.
Judicial self-governance shall
operate to resolve issues of the internal affairs of courts.
Article 131. The High Council of Justice
shall operate in Ukraine with the following issues being under its authority:
1) submit a
proposals for the appointment of judges to office or for their dismissal from
office;
2) adopt decisions
on the violation by judges and prosecutors of the incompatibility requirements;
3) execute disciplinary
proceedings regarding judges of the Supreme Court of Ukraine and judges of high
specialised courts, and the consideration of complaints regarding decisions on
bringing judges of courts of appeal and local courts, and prosecutors to
disciplinary liability.
The High Council of Justice shall comprise
twenty members. Each of the Verkhovna Rada of Ukraine, the President of
Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of
Ukraine, and the Congress
of Representatives of Higher Legal Educational Establishments and Research Institutions shall appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Public Prosecution – two members to the High Council of Justice.
of Representatives of Higher Legal Educational Establishments and Research Institutions shall appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Public Prosecution – two members to the High Council of Justice.
The Chairman of the Supreme
Court of Ukraine, the Minister of Justice
of Ukraine and the Prosecutor General of Ukraine shall be ex officio members of the High Council of Justice.
of Ukraine and the Prosecutor General of Ukraine shall be ex officio members of the High Council of Justice.
Title IX
Territorial Structure of Ukraine
Article 132. The territorial structure of
Ukraine shall be based on the principles of unity and integrity of the State
territory, the combination of centralization and decentralization in the
exercise of the state power, and the balanced socio-economic development of
regions taking into consideration their historical, economic, ecological,
geographic, and demographic characteristics as well as ethnic and cultural
traditions.
Article 133. The system of the
administrative and territorial structure of Ukraine shall include: the
Autonomous Republic of Crimea, oblasts, rayons, cities, city districts,
settlements and villages.
Ukraine shall be composed of
the Autonomous Republic of Crimea, Vinnytsia Oblast, Volyn Oblast,
Dnipropetrovsk Oblast, Donetsk Oblast, Zhytomyr Oblast, Zakarpattia Oblast,
Zaporizhia Oblast, Ivano-Frankivsk Oblast, Kyiv Oblast, Kirovohrad Oblast,
Luhansk Oblast, Lviv Oblast, Mykolayiv Oblast, Odesa Oblast, Poltava Oblast,
Rivne Oblast, Sumy Oblast, Ternopil Oblast, Kharkiv Oblast, Kherson Oblast,
Khmelnytskyi Oblast, Cherkasy Oblast, Chernivtsi Oblast and Chernihiv Oblast,
the City of Kyiv, and the City
of Sevastopol.
of Sevastopol.
The cities of Kyiv and Sevastopol shall
have special status determined by the law of Ukraine.
Title X
THE Autonomous Republic of Crimea
Article 134. The Autonomous Republic of
Crimea shall be an integral constituent part of Ukraine and shall resolve
issues relegated to its authority within the frame of its reference, determined
by the Constitution of Ukraine.
Article 135. The Autonomous Republic of
Crimea shall have the Constitution of the Autonomous Republic of Crimea adopted
by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the
Verkhovna Rada of Ukraine by no less than one half of the constitutional
membership of the Verkhovna Rada of Ukraine.
Regulatory legal acts of the Verkhovna Rada
of the Autonomous Republic of Crimea and decisions of the Council of Ministers
of the Autonomous Republic of Crimea shall not contradict the Constitution and
laws of Ukraine and shall be adopted in accordance with and in pursuance of the
Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and
the Cabinet of Ministers of Ukraine.
Article 136. The Verkhovna Rada of the
Autonomous Republic of Crimea shall be the representative body of the
Autonomous Republic of Crimea.
The Verkhovna Rada of the
Autonomous Republic of Crimea shall, within its competence, adopt decisions and
resolutions mandatory for execution in the Autonomous Republic of Crimea.
The Council of Ministers of
the Autonomous Republic of Crimea shall be the government of the Autonomous
Republic of Crimea. The Chairman of the Council of Ministers of the Autonomous
Republic of Crimea shall be appointed or dismissed by the Verkhovna Rada of the
Autonomous Republic of Crimea subject to the consent of the President of
Ukraine.
The powers and the procedure for the
formation and operation of the Verkhovna Rada of the Autonomous Republic of
Crimea and of the Council of Ministers of the Autonomous Republic of Crimea
shall be determined by the Constitution of Ukraine and laws of Ukraine, and by
regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of
Crimea in relation to the issues within its competence.
In the Autonomous Republic of
Crimea justice shall be administered by courts belonging to the single system
of courts of Ukraine.
Article 137. The Autonomous Republic of Crimea
shall effect normative regulation in the following areas:
1) agriculture and
forestry;
2) land improvement
and surface mining;
3) public works,
crafts and trades; charity;
4) urban
construction and housing management;
5) tourism, hotel
business, fairs;
6) museums,
libraries, theatres, other cultural establishments, historical and cultural
conservation areas;
7) public
transportation, roadways, water supply;
8) hunting and
fishing;
9) sanitary and
hospital services.
In case of nonconformity of
regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of
Crimea with the Constitution of Ukraine and laws of Ukraine, the President of
Ukraine may suspend such regulatory legal acts of the Verkhovna Rada of the
Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional
Court of Ukraine in regard to their constitutionality.
Article 138. The following issues shall be
under the authority of the Autonomous Republic of Crimea:
1) call elections
of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, approve
of the membership of the electoral commission of the Autonomous Republic of
Crimea;
2) organise and
hold of local referendums;
3) manage property
that belongs to the Autonomous Republic of Crimea;
4) elaborate,
approve, and execute the budget of the Autonomous Republic of Crimea on the
basis of the uniform tax and budget policy of Ukraine;
5) develop,
approve, and implement programmes of the Autonomous Republic of Crimea for
socio-economic and cultural development, rational exploiting of natural
resources and environmental protection in accordance with national programmes;
6) grant the resort
status for localities; establish zones for the sanitary protection of resorts;
7) participate in
ensuring the rights and freedoms of citizens, national harmony, and promote the
protection of legal order and public security;
8) ensure the
functioning and development of the state language and national languages and
cultures in the Autonomous Republic of Crimea; protect and use of historical
monuments;
9)
participate in the development and realisation of state programmes for the
return of deported peoples;
10) initiate the
introduction of a state of emergency and establish zones of ecological
emergency as needed in the Autonomous Republic of Crimea or in its particular
areas.
Other powers may
also be delegated to the Autonomous Republic of Crimea by laws of Ukraine.
Article 139. The status of the
Representative Office of the President of Ukraine operating in the Autonomous
Republic of Crimea shall be determined by the law of Ukraine.
Local Self-Government
Article 140. Local
self-governing shall be the right of a territorial community – residents of a
village or a voluntary association of residents of several villages into one
village community, residents of a settlement, and
of a city – for the purposes of an independent settlement of issues of local character in compliance with the Constitution and laws of Ukraine.
of a city – for the purposes of an independent settlement of issues of local character in compliance with the Constitution and laws of Ukraine.
Particular aspects of the
exercise of local self-governing in the cities of Kyiv and Sevastopol shall be
determined by the special laws of Ukraine.
Local self-governing shall be
exercised by a territorial community in compliance with a procedure established
by law, both directly and through local self-government bodies: village,
settlement and city radas, and their executive bodies.
Rayon and oblast radas shall
be the bodies of local self-government representing the common interests of
territorial communities of villages, settlements, and cities.
The issues of organisation of
the administration of city districts shall fall within the competence of city
radas.
Village, settlement, and city radas may
permit, at the initiative of residents, the establishment of house, street,
block, or other bodies of popular self-organisation, and assign them a part of
their own competence, finances,
or property.
or property.
Article 141. Village,
settlement, city, rayon or oblast radas shall comprise deputies elected for a five-year
term by residents of village, settlement, city, rayon or oblast on the basis of universal, equal, and direct
suffrage by secret ballot.
Territorial communities shall elect
respectively the head of the village, settlement, or city, who shall lead the
executive body of the rada and preside at its meetings, for a four-year term,
on the basis of universal, equal, and direct suffrage by secret ballot.
The status of heads, deputies,
and executive bodies of a rada, their powers, and procedures of their
establishment, reorganisation, and liquidation shall be determined by law.
The head of a rayon rada and
the head of an oblast rada shall be elected by the respective rada and shall
lead the executive staff of the council.
Article 142. Personal and real
estate, revenues of local budgets, other funds, land, natural resources owned
by territorial communities of villages, settlements, cities, city districts,
and objects of their common property managed by rayon and oblast radas shall be
the material and financial basis for local self-government.
Territorial communities of villages,
settlements, and cities may combine objects of communal property as well as
budget funds on the basis of agreements in order to implement joint projects or
to jointly finance (maintain) communal enterprises, organisations, or
establishments, and create appropriate bodies and services for this purpose.
The State shall participate in
the collection of revenues for budgets of local self-governments and inancially
support local self-governments. Expenditures of local self-government bodies
arising from the decisions of state power bodies shall be reimbursed by the
State.
Article 143. Territorial
communities of a village, settlement, and city, directly or through the local
self-government bodies established by them, shall manage the property in
communal ownership; approve programmes of socio-economic and cultural
development and control the implementation of such programmes; approve budgets
of respective administrative and territorial units and control the execution of
such budgets; establish local taxes and levies in accordance with law; ensure
holding of local referendums and implementation of their results; establish,
reorganise and liquidate communal enterprises, organisations and institutions and
supervise their activity; and settle other issues of local importance assigned
to their competence by law.
Oblast and rayon radas shall
approve programmes for socio-economic and cultural development of respective
oblasts and rayons and control the implementation of such programmes; approve
rayon and oblast budgets formed from the funds of the State budget for their
appropriate distribution among territorial communities or for the
implementation of joint projects and from the funds drawn on the basis of
agreement from local budgets for the realisation of joint socio-economic and
cultural programmes, and control the execution of such budgets; settle other
issues delegated to their competence by law.
Certain powers of executive power bodies
may be assigned by law to local self-government bodies. The State shall finance
the exercise of such powers from the State Budget of Ukraine in full or through
the allocation of certain national taxes to a local budget in compliance with a
procedure established by law, and transfer the relevant objects of state
property to local self-government bodies.
Local self-government bodies
shall be under the control of respective executive power bodies in connection
with the exercise of powers of executive power bodies by such bodies.
Article 144. Local
self-government bodies, within the scope determined by law, shall adopt
decisions mandatory for execution throughout the respective territory.
In case of nonconformity of
decisions of local self-government bodies with the Constitution or laws of
Ukraine, such decisions shall be suspended in compliance with the procedure
established by law with a simultaneous appeal to a court.
Article 145. The rights of local
self-government shall be protected by judicial procedure.
Article 146. Other issues of the
organisation of local self-government, and formation, operation and
responsibilities of local self-government bodies shall be determined by law.
Title XII
THE Constitutional Court of Ukraine
Article 147. The Constitutional
Court of Ukraine shall be the sole body of constitutional jurisdiction in
Ukraine.
The Constitutional Court of
Ukraine shall resolve the issues of conformity of laws and other legal acts
with the Constitution of Ukraine and provide the official interpretation of the
Constitution of Ukraine and laws of Ukraine.
Article 148. The Constitutional
Court of Ukraine shall comprise eighteen judges of the Constitutional Court of
Ukraine.
The President of Ukraine, the
Verkhovna Rada of Ukraine, and the Congress of Judges of Ukraine each shall
appoint six judges to the Constitutional Court of Ukraine.
A citizen of Ukraine having
forty years of age on the day of appointment, having a higher legal education
and professional experience of no less than ten years, having resided in
Ukraine for the past twenty years, and having command of the state language may
be a judge of the Constitutional Court of Ukraine.
A judge of the Constitutional
Court of Ukraine shall be appointed for a single and non-renewable nine-year
term.
The Chairman of the Constitutional Court of
Ukraine shall be elected by secret ballot only for one three-year term at a
special plenary meeting of the Constitutional Court of Ukraine from among the
judges of the Constitutional Court of Ukraine.
Article 149. Guarantees of
independence and immunity, grounds for dismissal from the office stipulated by
Article 126 of this Constitution, and the requirements concerning
incompatibility as determined in paragraph two
Article 127 of this Constitution shall apply to the judges of the Constitutional Court of Ukraine.
Article 127 of this Constitution shall apply to the judges of the Constitutional Court of Ukraine.
Article 150. The Constitutional
Court of Ukraine shall have the following powers:
1) resolve issues
of compliance with the Constitution of Ukraine (constitutionality) of:
laws and other legal acts of
the Verkhovna Rada of Ukraine;
acts of the President of
Ukraine;
acts of the Cabinet of
Ministers of Ukraine;
legal acts of the Verkhovna
Rada of the Autonomous Republic of Crimea.
Such issues shall be
considered upon request from: the President of Ukraine; no less than forty five
people’s deputies of Ukraine; the Supreme Court of Ukraine; the Authorised
Human Rights Representative to the Verkhovna Rada of Ukraine; or the Verkhovna
Rada of the Autonomous Republic of Crimea;
2) the official
interpretation of the Constitution of Ukraine and laws
of Ukraine;
of Ukraine;
On matters stipulated by this Article, the
Constitutional Court of Ukraine shall adopt decisions mandatory for execution
throughout the territory of Ukraine, and such decisions shall be final and
shall not be appealed.
Article 151. The Constitutional
Court of Ukraine shall, upon request of the President of Ukraine or the Cabinet
of Ministers of Ukraine, provide opinions on the conformity with the
Constitution of Ukraine of the effective international treaties of Ukraine, or
of international treaties submitted to the Verkhovna Rada
of Ukraine for approval of their binding nature.
of Ukraine for approval of their binding nature.
The Constitutional Court of
Ukraine shall provide an opinion on the observance of the constitutional procedure
of investigation and consideration of the case of removing the President of
Ukraine from office by the procedure of impeachment upon request of the
Verkhovna Rada of Ukraine.
Article 152. Laws and other
legal acts, according to a decision of the Constitutional Court of Ukraine,
shall be deemed unconstitutional, whether in whole or in part, should such laws
and legal acts fail to comply with the Constitution of Ukraine, or in case of a
violation of a procedure established by the Constitution of Ukraine for the
review, adoption, or entry into force of such laws and legal acts.
Laws and other legal acts or their
particular provisions being deemed unconstitutional shall lose their legal
force from the day of adoption of the decision on their unconstitutionality by
the Constitutional Court of Ukraine.
Material or moral damages
caused to physical or juridical persons by the acts or actions deemed to be
unconstitutional shall be compensated for by the State in compliance with a
procedure established by law.
Article 153. A procedure for the
organisation and operation of the Constitutional Court of Ukraine, and a
procedure for consideration of cases by the Constitutional Court of Ukraine,
shall be determined by law.
Title XIII
MAKING Amendments to the Constitution of Ukraine
Article 154. A draft law on
making amendments to the Constitution of Ukraine may be submitted to the
Verkhovna Rada of Ukraine by the President of Ukraine or by the people’s
deputies of Ukraine comprising at least one-third of the constitutional
membership of the Verkhovna Rada of Ukraine.
Article 155. A draft law on making amendments to the Constitution of
Ukraine, except for Title I General
Principles, Title III Elections,
Referendum, and Title XIII Making
Amendments to the Constitution of Ukraine, previously adopted by the
majority of the constitutional membership of the Verkhovna Rada of Ukraine,
shall be deemed adopted, if at least two-thirds of the constitutional members
of the Verkhovna Rada of Ukraine vote in its favour at the succeeding regular
session of the Verkhovna Rada of Ukraine.
Article 156. A draft law on
making amendments to Title I General
Principles, Title III Elections,
Referendum, and Title XIII Making
Amendments to the Constitution of Ukraine, shall be submitted to the
Verkhovna Rada of Ukraine by the President of Ukraine, or by not less than
two-thirds of the constitutional membership of the Verkhovna Rada of Ukraine,
provided that it is adopted by at least two-thirds of the constitutional
members of the Verkhovna Rada of Ukraine, be approved by an All-Ukrainian
referendum called by the President of Ukraine.
Resubmission of a draft law on
making amendments to Titles I, III and XIII of this Constitution, addressing
the same issue, shall be possible only at a succeeding convocation of the
Verkhovna Rada of Ukraine.
Article 157. The Constitution of
Ukraine shall not be amended, if the amendments foresee the abolition or
restriction of human and citizen rights and freedoms, or if they are aimed at the
liquidation of the independence or violation of the territorial integrity of
Ukraine.
The Constitution of Ukraine shall not be
amended under the conditions of martial law or a state of emergency.
Article 158. The draft law on
making amendments to the Constitution of Ukraine, having been considered by the
Verkhovna Rada of Ukraine and failing to be adopted, may be submitted to the
Verkhovna Rada of Ukraine no sooner than in one year from the day of the
adoption of the decision on this draft law.
Within the term of its powers,
the Verkhovna Rada of Ukraine shall not amend twice the same provisions of the
Constitution of Ukraine.
Article 159. A draft law on
making amendments to the Constitution of Ukraine shall be considered by the
Verkhovna Rada of Ukraine upon the availability of an opinion of the
Constitutional Court of Ukraine on the conformity of such draft law with the
requirements of Articles 157 and 158 of this Constitution.
Title XIV
Final Provisions
Article 160. The Constitution of Ukraine
shall enter into effect on the day of its adoption.
Article 161. The day of adoption of the
Constitution of Ukraine shall be the State holiday – Ukrainian Constitution
Day.
Title XV
Transitional Provisions
1. Laws and other
regulatory acts adopted prior to the day the Constitution entered into effect,
shall be in force to the extent they do not contradict the Constitution of
Ukraine.
2. After the
adoption of the Constitution of Ukraine, the Verkhovna Rada of Ukraine shall
exercise the powers stipulated by this Constitution.
Regular elections to the
Verkhovna Rada of Ukraine shall be held in March 1998.
3. Regular
elections for the President of Ukraine shall be held on the last Sunday of
October 1999.
4. The President of
Ukraine, within three years after the date the Constitution of Ukraine entered
into force, shall have the right to issue decrees approved by the Cabinet of
Ministers of Ukraine and signed by the Prime Minister of Ukraine on economic
issues not regulated by laws, with simultaneous submission of the respective
draft law to the Verkhovna Rada of Ukraine in compliance with a procedure
established by Article 93 of this Constitution.
Such a decree of the President
of Ukraine shall take effect if within thirty calendar days from the day of
submission of the draft law (except for the days between sessions), the
Verkhovna Rada of Ukraine fail to adopt the law or fail to reject the submitted
draft law by the majority of its constitutional membership, and be effective
until a law adopted by the Verkhovna Rada of Ukraine on these issues enters
into force.
5. The Cabinet of
Ministers of Ukraine shall be 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 this
Constitution, within three months after its entry into force. The Verkhovna
Rada of Ukraine shall interpret the laws prior to the appointment of the
Constitutional Court of Ukraine.
7. Heads of local
state administrations, upon the entry of this Constitution into force, shall
acquire the status of heads of local state administrations in accordance with
Article 118 of this Constitution, and after the election
of chairmen of respective radas, resign from the chairmen positions of these radas.
of chairmen of respective radas, resign from the chairmen positions of these radas.
8. Village,
settlement, and city radas and the chairmen of these radas, upon entry of this
Constitution of Ukraine into force, shall exercise the powers as determined by
this Constitution until the election of new members of such radas in March
1998.
Rayon and oblast radas,
elected prior to the entry of this Constitution into force, shall exercise the
powers as determined by this Constitution, until the formation of the new
membership of such radas in accordance with the Constitution of Ukraine.
City district radas and their
chairmen, upon entry of this Constitution into force, shall exercise their
powers in accordance with law.
9. The public
prosecution shall, in accordance with effective laws, continue to perform the
function of overseeing the observance and implementation of laws and the
function of preliminary investigation, until putting into force of laws
regulating the activity of state bodies regarding control over the observance
of laws, until the formation of a system of pre-trial investigation, and
putting into force of laws regulating its functioning.
10. Prior to the
adoption of laws determining the particular aspects of the exercise of
executive power in the cities of Kyiv and Sevastopol, in accordance with Article
118 of this Constitution, the executive power in these cities shall be
exercised by the respective state administrations.
11. Paragraph one
of Article 99 of this Constitution shall be put into force upon the
introduction of the national monetary unit – the hryvnia.
12. The Supreme
Court of Ukraine and the High Court of Arbitration of Ukraine shall exercise
their powers in accordance with effective legislation of Ukraine, until the
formation in Ukraine of a system of courts of general jurisdiction in
accordance with Article 125 of this Constitution, provided that the period of
such powers shall not exceed five years.
Judges of all courts in
Ukraine elected or appointed prior to the date of entry of this Constitution
into force shall continue to exercise their powers in accordance with the
effective legislation until the expiration of the period for which they are
elected or appointed.
Judges whose powers have
terminated on the day this Constitution enters into force, shall continue to
exercise their powers for a period of one year.
13. The effective
procedures for arrest, retaining in custody, and detention of persons suspected
of a crime, and also for the examination and search of a domicile or other
property of a person, shall be preserved for five years after this Constitution
enters into effect.
14. The use of the
existing military bases in the territory of Ukraine for the temporary
stationing of foreign military formations shall be possible on the terms of
lease, in compliance with a procedure determined by the international treaties of
Ukraine ratified by the Verkhovna Rada of Ukraine.
* * *
The Constitution of Ukraine
was adopted at the Fifth
Session of the Verkhovna Rada of Ukraine
on 28 June 1996
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