Adopted at the Fifth Session
of the Verkhovna Rada of Ukraine
on 28 June 1996
of the Verkhovna Rada of Ukraine
on 28 June 1996
The
Verkhovna Rada of Ukraine , on
behalf of the Ukrainian people — citizens of Ukraine
expressing the sovereign will of the people,
based on the centuries-old history of Ukrainian
state-building and on the right to self-determination realised by the Ukrainian
nation, all the Ukrainian people,
providing for the guarantee of human rights and
freedoms and of the worthy conditions of human life,
caring for the strengthening of civil harmony
on Ukrainian soil,
striving to develop and strengthen a
democratic, social, law-based state,
aware of our responsibility before God, our own
conscience, past, present and future generations,
guided by the Act of Declaration of the
Independence of Ukraine of 24 August 1991, approved by the national vote of 1
December 1991,
adopts this Constitution — the Fundamental Law
of Ukraine
Chapter I
General Principles
General Principles
Article 1
Article 2
The sovereignty of Ukraine
The territory
of Ukraine
Article 3
The human being, his or her life and health,
honour and dignity, inviolability and security are recognised in Ukraine
Human rights and freedoms and their guarantees
determine the essence and orientation of the activity of the State. The State
is answerable to the individual for its activity. To affirm and ensure human
rights and freedoms is the main duty of the State.
Article 4
There is single citizenship in Ukraine
Article 5
The people are the bearers of sovereignty and
the only source of power in Ukraine
The right to determine and change the constitutional
order in Ukraine
No one shall usurp state power.
Article 6
State power in Ukraine
Bodies of legislative, executive and judicial
power exercise their authority within the limits established by this
Constitution and in accordance with the laws of Ukraine
Article 7
In Ukraine
Article 8
In Ukraine
The Constitution of Ukraine has the highest
legal force. Laws and other normative legal acts are adopted on the basis of
the Constitution of Ukraine and shall conform to it.
The norms of the Constitution of Ukraine are
norms of direct effect. Appeals to the court in defence of the constitutional
rights and freedoms of the individual and citizen directly on the grounds of
the Constitution of Ukraine are guaranteed.
Article 9
International treaties that are in force,
agreed to be binding by the Verkhovna Rada of Ukraine ,
are part of the national legislation of Ukraine
The conclusion of international treaties that
contravene the Constitution of Ukraine is possible only after introducing
relevant amendments to the Constitution of Ukraine.
Article 10
The state language of Ukraine
The State ensures the comprehensive development
and functioning of the Ukrainian language in all spheres of social life
throughout the entire territory
of Ukraine
In Ukraine ,
the free development, use and protection of Russian, and other languages of
national minorities of Ukraine
The State promotes the learning of languages of
international communication.
The use of languages in Ukraine
Article 11
The State promotes the consolidation and
development of the Ukrainian nation, of its historical consciousness,
traditions and culture, and also the development of the ethnic, cultural,
linguistic and religious identity of all indigenous peoples and national
minorities of Ukraine
Article 12
Article 13
The land, its mineral wealth, atmosphere, water
and other natural resources within the territory of Ukraine
Every citizen has the right to utilise the
natural objects of the people's right of property in accordance with the law.
Property entails responsibility. Property shall
not be used to the detriment of the person and society.
The State ensures the protection of the rights
of all subjects of the right of property and economic management, and the
social orientation of the economy. All subjects of the right of property are
equal before the law.
Article 14
Land is the fundamental national wealth that is
under special state protection.
The right of property to land is guaranteed.
This right is acquired and realised by citizens, legal persons and the State,
exclusively in accordance with the law.
Article 15
Social life in Ukraine
No ideology shall be recognised by the State as
mandatory.
Censorship is prohibited.
The State guarantees freedom of political
activity not prohibited by the Constitution and the laws of Ukraine
Article 16
To ensure ecological safety and to maintain the
ecological balance on the territory
of Ukraine
Article 17
To protect the sovereignty and territorial
indivisibility of Ukraine
The defence of Ukraine
Ensuring state security and protecting the
state border of Ukraine
The Armed Forces of Ukraine and other military
formations shall not be used by anyone to restrict the rights and freedoms of
citizens or with the intent to overthrow the constitutional order, subvert the
bodies of power or obstruct their activity.
The State ensures the social protection of
citizens of Ukraine
The creation and operation of any armed
formations not envisaged by law are prohibited on the territory of Ukraine
The location of foreign military bases shall
not be permitted on the territory
of Ukraine
Article 18
The foreign political activity of Ukraine
Article 19
The legal order in Ukraine
Bodies of state power and bodies of local
self-government and their officials are obliged to act only on the grounds,
within the limits of authority, and in the manner envisaged by the Constitution
and the laws of Ukraine
Article 20
The state symbols of Ukraine
The State Flag of Ukraine is a banner of two
equally-sized horizontal bands of blue and yellow.
The Great State Coat of Arms of Ukraine shall
be established with the consideration of the Small State Coat of Arms of
Ukraine and the Coat of Arms of the Zaporozhian Host, by the law adopted by no
less than two-thirds of the constitutional composition of the Verkhovna Rada of
Ukraine
The main element of the Great State Coat of
Arms of Ukraine is the Emblem of the Royal State of Volodymyr the Great (the
Small State Coat of Arms of Ukraine).
The State Anthem of Ukraine is the national
anthem set to the music of M. Verbytskyi, with words that are confirmed by the
law adopted by no less than two-thirds of the constitutional composition of the
Verkhovna Rada of Ukraine
The description of the state symbols of Ukraine and the procedure for their use shall be
established by the law adopted by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine
The capital of Ukraine
is the City of Kyiv
Article 21
All people are free and equal in their dignity
and rights.
Human rights and freedoms are inalienable and
inviolable.
Article 22
Human and citizens' rights and freedoms
affirmed by this Constitution are not exhaustive.
Constitutional rights and freedoms are
guaranteed and shall not be abolished.
The content and scope of existing rights and
freedoms shall not be diminished in the adoption of new laws or in the
amendment of laws that are in force.
Article 23
Every person has the right to free development
of his or her personality if the rights and freedoms of other persons are not
violated thereby, and has duties before the society in which the free and
comprehensive development of his or her personality is ensured.
Article 24
Citizens have equal constitutional rights and
freedoms and are equal before the law.
There shall be no privileges or restrictions
based on race, colour of skin, political, religious and other beliefs, sex,
ethnic and social origin, property status, place of residence, linguistic or
other characteristics.
Equality of the rights of women and men is
ensured: by providing women with opportunities equal to those of men, in public
and political, and cultural activity, in obtaining education and in
professional training, in work and its remuneration; by special measures for
the protection of work and health of women; by establishing pension privileges,
by creating conditions that allow women to combine work and motherhood; by
legal protection, material and moral support of motherhood and childhood,
including the provision of paid leaves and other privileges to pregnant women
and mothers.
Article 25
A citizen of Ukraine
A citizen of Ukraine
shall not be expelled from Ukraine
Article 26
Foreigners and stateless persons who are in
Ukraine on legal grounds enjoy the same rights and freedoms and also bear the
same duties as citizens of Ukraine, with the exceptions established by the
Constitution, laws or international treaties of Ukraine.
Foreigners and stateless persons may be granted
asylum by the procedure established by law.
Article 27
Every person has the inalienable right to life.
No one shall be arbitrarily deprived of life.
The duty of the State is to protect human life.
Everyone has the right to protect his or her
life and health, the lives and health of other persons against unlawful
encroachments.
Article 28
Everyone has the right to respect of his or her
dignity.
No one shall be subjected to torture, cruel,
inhuman or degrading treatment or punishment that violates his or her dignity.
No person shall be subjected to medical,
scientific or other experiments without his or her free consent.
Article 29
Every person has the right to freedom and
personal inviolability.
No one shall be arrested or held in custody
other than pursuant to a substantiated court decision and only on the grounds
and in accordance with the procedure established by law.
In the event of an urgent necessity to prevent
or stop a crime, bodies authorised by law may hold a person in custody as a
temporary preventive measure, the reasonable grounds for which shall be
verified by a court within seventy-two hours. The detained person shall be
released immediately, if he or she has not been provided, within seventy-two
hours from the moment of detention, with a substantiated court decision in
regard to the holding in custody.
Everyone arrested or detained shall be informed
without delay of the reasons for his or her arrest or detention, apprised of
his or her rights, and from the moment of detention shall be given the
opportunity to personally defend himself or herself, or to have the legal
assistance of a defender.
Everyone detained has the right to challenge
his or her detention in court at any time.
Relatives of an arrested or detained person
shall be informed immediately of his or her arrest or detention.
Article 30
Everyone is guaranteed the inviolability of his
or her dwelling place.
Entry into a dwelling place or other
possessions of a person, and the examination or search thereof, shall not be
permitted, other than pursuant to a substantiated court decision.
In urgent cases related to the preservation of
human life and property or to the direct pursuit of persons suspected of
committing a crime, another procedure established by law is possible for entry
into a dwelling place or other possessions of a person, and for the examination
and search thereof.
Article 31
Everyone is guaranteed privacy of mail,
telephone conversations, telegraph and other correspondence. Exceptions shall
be established only by a court in cases envisaged by law, with the purpose of
preventing crime or ascertaining the truth in the course of the investigation
of a criminal case, if it is not possible to obtain information by other means.
Article 32
No one shall be subject to interference in his
or her personal and family life, except in cases envisaged by the Constitution
of Ukraine.
The collection, storage, use and dissemination
of confidential information about a person without his or her consent shall not
be permitted, except in cases determined by law, and only in the interests of
national security, economic welfare and human rights.
Every citizen has the right to examine
information about himself or herself, that is not a state secret or other
secret protected by law, at the bodies of state power, bodies of local
self-government, institutions and organisations.
Everyone is guaranteed judicial protection of
the right to rectify incorrect information about himself or herself and members
of his or her family, and of the right to demand that any type of information
be expunged, and also the right to compensation for material and moral damages
inflicted by the collection, storage, use and dissemination of such incorrect
information.
Article 33
Everyone who is legally present on the territory of Ukraine
is guaranteed freedom of movement, free choice of place of residence, and the
right to freely leave the territory
of Ukraine
A citizen of Ukraine
may not be deprived of the right to return to Ukraine
Article 34
Everyone is guaranteed the right to freedom of
thought and speech, and to the free expression of his or her views and beliefs.
Everyone has the right to freely collect,
store, use and disseminate information by oral, written or other means of his
or her choice.
The exercise of these rights may be restricted
by law in the interests of national security, territorial indivisibility or
public order, with the purpose of preventing disturbances or crimes, protecting
the health of the population, the reputation or rights of other persons,
preventing the publication of information received confidentially, or
supporting the authority and impartiality of justice.
Article 35
Everyone has the right to freedom of personal
philosophy and religion. This right includes the freedom to profess or not to
profess any religion, to perform alone or collectively and without constraint
religious rites and ceremonial rituals, and to conduct religious activity.
The exercise of this right may be restricted by
law only in the interests of protecting public order, the health and morality
of the population, or protecting the rights and freedoms of other persons.
The Church and religious organisations in Ukraine
No one shall be relieved of his or her duties
before the State or refuse to perform the laws for reasons of religious
beliefs. In the event that the performance of military duty is contrary to the
religious beliefs of a citizen, the performance of this duty shall be replaced
by alternative (non-military) service.
Article 36
Citizens of Ukraine have the right to freedom
of association in political parties and public organisations for the exercise
and protection of their rights and freedoms and for the satisfaction of their
political, economic, social, cultural and other interests, with the exception
of restrictions established by law in the interests of national security and
public order, the protection of the health of the population or the protection
of rights and freedoms of other persons.
Political parties in Ukraine Ukraine Ukraine
Citizens have the right to take part in trade
unions with the purpose of protecting their labour and socio-economic rights
and interests. Trade unions are public organisations that unite citizens bound
by common interests that accord with the nature of their professional activity.
Trade unions are formed without prior permission on the basis of the free
choice of their members. All trade unions have equal rights. Restrictions on
membership in trade unions are established exclusively by this Constitution and
the laws of Ukraine
No one may be forced to join any association of
citizens or be restricted in his or her rights for belonging or not belonging
to political parties or public organisations.
All associations of citizens are equal before
the law.
Article 37
The establishment and activity of political
parties and public associations are prohibited if their programme goals or
actions are aimed at the liquidation of the independence of Ukraine, the change
of the constitutional order by violent means, the violation of the sovereignty
and territorial indivisibility of the State, the undermining of its security,
the unlawful seizure of state power, the propaganda of war and of violence, the
incitement of inter-ethnic, racial, or religious enmity, and the encroachments
on human rights and freedoms and the health of the population.
Political parties and public associations shall
not have paramilitary formations.
The creation and activity of organisational
structures of political parties shall not be permitted within bodies of
executive and judicial power and executive bodies of local self-government, in
military formations, and also in state enterprises, educational establishments
and other state institutions and organisations.
The prohibition of the activity of associations
of citizens is exercised only through judicial procedure.
Article 38
Citizens have the right to participate in the
administration of state affairs, in All-Ukrainian and local referendums, to
freely elect and to be elected to bodies of state power and bodies of local
self-government.
Citizens enjoy the equal right of access to the
civil service and to service in bodies of local self-government.
Article 39
Citizens have the right to assemble peacefully
without arms and to hold meetings, rallies, processions and demonstrations,
upon notifying in advance the bodies of executive power or bodies of local
self-government.
Restrictions on the exercise of this right may
be established by a court in accordance with the law and only in the interests
of national security and public order, with the purpose of preventing
disturbances or crimes, protecting the health of the population, or protecting
the rights and freedoms of other persons.
Article 40
Everyone has the right to file individual or
collective petitions, or to personally appeal to bodies of state power, bodies
of local self-government, and to the officials and officers of these bodies,
that are obliged to consider the petitions and to provide a substantiated reply
within the term established by law.
Article 41
Everyone has the right to own, use and dispose
of his or her property, and the results of his or her intellectual and creative
activity.
The right of private property is acquired by
the procedure determined by law.
In order to satisfy their needs, citizens may
use the objects of the right of state and communal property in accordance with
the law.
No one shall be unlawfully deprived of the
right of property. The right of private property is inviolable.
The expropriation of objects of the right of
private property may be applied only as an exception for reasons of social
necessity, on the grounds of and by the procedure established by law, and on
the condition of advance and complete compensation of their value. The
expropriation of such objects with subsequent complete compensation of their
value is permitted only under conditions of martial law or a state of
emergency.
Confiscation of property may be applied only
pursuant to a court decision, in the cases, in the extent and by the procedure
established by law.
The use of property shall not cause harm to the
rights, freedoms and dignity of citizens, the interests of society, aggravate
the ecological situation and the natural qualities of land.
Article 42
Everyone has the right to entrepreneurial
activity that is not prohibited by law.
The entrepreneurial activity of deputies,
officials and officers of bodies of state power and of bodies of local
self-government is restricted by law.
The State ensures the protection of competition
in entrepreneurial activity. The abuse of a monopolistic position in the
market, the unlawful restriction of competition, and unfair competition, shall
not be permitted. The types and limits of monopolies are determined by law.
The State protects the rights of consumers,
exercises control over the quality and safety of products and of all types of
services and work, and promotes the activity of public consumer associations.
Article 43
Everyone has the right to labour, including the
possibility to earn one's living by labour that he or she freely chooses or to
which he or she freely agrees.
The State creates conditions for citizens to
fully realise their right to labour, guarantees equal opportunities in the
choice of profession and of types of labour activity, implements programmes of
vocational education, training and retraining of personnel according to the
needs of society.
The use of forced labour is prohibited.
Military or alternative (non-military) service, and also work or service
carried out by a person in compliance with a verdict or other court decision,
or in accordance with the laws on martial law or on a state of emergency, are
not considered to be forced labour.
Everyone has the right to proper, safe and
healthy work conditions, and to remuneration no less than the minimum wage as
determined by law.
The employment of women and minors for work
that is hazardous to their health, is prohibited.
Citizens are guaranteed protection from
unlawful dismissal.
The right to timely payment for labour is
protected by law.
Article 44
Those who are employed have the right to strike
for the protection of their economic and social interests.
The procedure for exercising the right to
strike is established by law, taking into account the necessity to ensure
national security, health protection, and rights and freedoms of other persons.
No one shall be forced to participate or not to
participate in a strike.
The prohibition of a strike is possible only on
the basis of the law.
Article 45
Everyone who is employed has the right to rest.
This right is ensured by providing weekly rest
days and also paid annual vacation, by establishing a shorter working day for
certain professions and industries, and reduced working hours at night.
The maximum number of working hours, the
minimum duration of rest and of paid annual vacation, days off and holidays as
well as other conditions for exercising this right, are determined by law.
Article 46
Citizens have the right to social protection
that includes the right to provision in cases of complete, partial or temporary
disability, the loss of the principal wage-earner, unemployment due to
circumstances beyond their control and also in old age, and in other cases
established by law.
This right is guaranteed by general mandatory
state social insurance on account of the insurance payments of citizens,
enterprises, institutions and organisations, and also from budgetary and other
sources of social security; by the establishment of a network of state,
communal and private institutions to care for persons incapable of work.
Pensions and other types of social payments and
assistance that are the principal sources of subsistence, shall ensure a
standard of living not lower than the minimum living standard established by
law.
Article 47
Everyone has the right to housing. The State
creates conditions that enable every citizen to build, purchase as property, or
to rent housing.
Citizens in need of social protection are
provided with housing by the State and bodies of local self-government, free of
charge or at a price affordable for them, in accordance with the law.
No one shall be forcibly deprived of housing
other than on the basis of the law pursuant to a court decision.
Article 48
Everyone has the right to a standard of living
sufficient for himself or herself and his or her family that includes adequate
nutrition, clothing and housing.
Article 49
Everyone has the right to health protection,
medical care and medical insurance.
Health protection is ensured through state
funding of the relevant socio-economic, medical and sanitary, health
improvement and prophylactic programmes.
The State creates conditions for effective
medical service accessible to all citizens. State and communal health
protection institutions provide medical care free of charge; the existing
network of such institutions shall not be reduced. The State promotes the
development of medical institutions of all forms of ownership.
The State provides for the development of
physical culture and sports, and ensures sanitary-epidemic welfare.
Article 50
Everyone has the right to an environment that
is safe for life and health, and to compensation for damages inflicted through
the violation of this right.
Everyone is guaranteed the right of free access
to information about the environmental situation, the quality of food and
consumer goods, and also the right to disseminate such information. No one
shall make such information secret.
Article 51
Marriage is based on the free consent of a
woman and a man. Each of the spouses has equal rights and duties in the
marriage and family.
Parents are obliged to support their children
until they attain the age of majority. Adult children are obliged to care for
their parents who are incapable of work.
The family, childhood, motherhood and
fatherhood are under the protection of the State.
Article 52
Children are equal in their rights regardless
of their origin and whether they are born in or out of wedlock.
Any violence against a child, or his or her
exploitation, shall be prosecuted by law.
The maintenance and upbringing of orphans and
children deprived of parental care is entrusted to the State. The State
encourages and supports charitable activity in regard to children.
Article 53
Everyone has the right to education.
Complete general secondary education is
compulsory.
The State ensures accessible and free
pre-school, complete general secondary, vocational and higher education in
state and communal educational establishments; the development of pre-school,
complete general secondary, extra-curricular, vocational, higher and
post-graduate education, various forms of instruction; the provision of state
scholarships and privileges to pupils and students.
Citizens have the right to obtain free higher
education in state and communal educational establishments on a competitive
basis.
Citizens who belong to national minorities are
guaranteed in accordance with the law the right to receive instruction in their
native language, or to study their native language in state and communal
educational establishments and through national cultural societies.
Article 54
Citizens are guaranteed the freedom of
literary, artistic, scientific and technical creativity, protection of
intellectual property, their copyrights, moral and material interests that
arise with regard to various types of intellectual activity.
Every citizen has the right to the results of
his or her intellectual, creative activity; no one shall use or distribute them
without his or her consent, with the exceptions established by law.
The State promotes the development of science
and the establishment of scientific relations of Ukraine
Cultural heritage is protected by law.
The State ensures the preservation of
historical monuments and other objects of cultural value, and takes measures to
return to Ukraine the cultural treasures of the nation, that are located beyond
its borders.
Article 55
Human and citizens' rights and freedoms are
protected by the court.
Everyone is guaranteed the right to challenge
in court the decisions, actions or omission of bodies of state power, bodies of
local self-government, officials and officers.
Everyone has the right to appeal for the
protection of his or her rights to the Authorised Human Rights Representative
of the Verkhovna Rada of Ukraine
After exhausting all domestic legal remedies,
everyone has the right to appeal for the protection of his or her rights and
freedoms to the relevant international judicial institutions or to the relevant
bodies of international organisations of which Ukraine
Everyone has the right to protect his or her
rights and freedoms from violations and illegal encroachments by any means not
prohibited by law.
Article 56
Everyone has the right to compensation, at the
expense of the State or bodies of local self-government, for material and moral
damages inflicted by unlawful decisions, actions or omission of bodies of state
power, bodies of local self-government, their officials and officers during the
exercise of their authority.
Article 57
Everyone is guaranteed the right to know his or
her rights and duties.
Laws and other normative legal acts that
determine the rights and duties of citizens shall be brought to the notice of
the population by the procedure established by law.
Laws and other normative legal acts that
determine the rights and duties of citizens, but that are not brought to the
notice of the population by the procedure established by law, are not in force.
Article 58
Laws and other normative legal acts have no
retroactive force, except in cases where they mitigate or annul the
responsibility of a person.
No one shall bear responsibility for acts that,
at the time they were committed, were not deemed by law to be an offence.
Article 59
Everyone has the right to legal assistance.
Such assistance is provided free of charge in cases envisaged by law. Everyone
is free to choose the defender of his or her rights.
In Ukraine
Article 60
No one is obliged to execute rulings or orders
that are manifestly criminal.
For the issuance or execution of a manifestly
criminal ruling or order, legal liability arises.
Article 61
For one and the same offence, no one shall be
brought twice to legal liability of the same type.
The legal liability of a person is of an
individual character.
Article 62
A person is presumed innocent of committing a
crime and shall not be subjected to criminal punishment until his or her guilt
is proved through legal procedure and established by a court verdict of guilty.
No one is obliged to prove his or her innocence
of committing a crime.
An accusation shall not be based on illegally
obtained evidence as well as on assumptions. All doubts in regard to the proof
of guilt of a person are interpreted in his or her favour.
In the event that a court verdict is revoked as
unjust, the State compensates the material and moral damages inflicted by the
groundless conviction.
Article 63
A person shall not bear responsibility for
refusing to testify or to explain anything about himself or herself, members of
his or her family or close relatives in the degree determined by law.
A suspect, an accused, or a defendant has the
right to a defence.
A convicted person enjoys all human and
citizens' rights, with the exception of restrictions determined by law and
established by a court verdict.
Article 64
Constitutional human and citizens' rights and
freedoms shall not be restricted, except in cases envisaged by the Constitution
of Ukraine.
Under conditions of martial law or a state of
emergency, specific restrictions on rights and freedoms may be established with
the indication of the period of effectiveness of these restrictions. The rights
and freedoms envisaged in Articles 24, 25, 2 7, 28, 29, 40, 47, 51, 52, 55, 56,
57, 58, 59, 60, 61, 62 and 63 of this Constitution shall not be restricted.
Article 65
Defence of the Motherland, of the independence
and territorial indivisibility of Ukraine ,
and respect for its state symbols, are the duties of citizens of Ukraine
Citizens perform military service in accordance
with the law.
Article 66
Everyone is obliged not to harm nature,
cultural heritage and to compensate for any damage he or she inflicted.
Article 67
Everyone is obliged to pay taxes and levies in
accordance with the procedure and in the extent established by law.
All citizens annually file declarations with
the tax inspection at their place of residence, on their property status and
income for the previous year, by the procedure established by law.
Article 68
Everyone is obliged to strictly abide by the
Constitution of Ukraine and the laws of Ukraine
Ignorance of the law shall not exempt from
legal liability.
Chapter III
Elections. Referendum
Elections. Referendum
Article 69
The expression of the will of the people is
exercised through elections, referendum and other forms of direct democracy.
Article 70
Citizens of Ukraine
Citizens deemed by a court to be incompetent do
not have the right to vote.
Article 71
Elections to bodies of state power and bodies
of local self-government are free and are held on the basis of universal, equal
and direct suffrage, by secret ballot.
Voters are guaranteed the free expression of
their will.
Article 72
An All-Ukrainian referendum is designated by
the Verkhovna Rada of Ukraine
An All-Ukrainian referendum is called on
popular initiative on the request of no less than three million citizens of Ukraine
Article 73
Issues of altering the territory of Ukraine
Article 74
A referendum shall not be permitted in regard
to draft laws on issues of taxes, the budget and amnesty.
Chapter IV
Verkhovna Rada ofUkraine
Verkhovna Rada of
Article 75
The sole body of legislative power in Ukraine is the Parliament — the Verkhovna Rada
of Ukraine
Article 76
The constitutional composition of the Verkhovna
Rada of Ukraine
A citizen of Ukraine
who has attained the age of twenty-one on the day of elections, has the right
to vote, and has resided on the territory
of Ukraine for the past five years,
may be a National Deputy of Ukraine
A citizen who has a criminal record for
committing an intentional crime shall not be elected to the Verkhovna Rada of Ukraine
The authority of National Deputies of Ukraine
is determined by the Constitution and the laws of Ukraine
Article 77
Regular elections to the Verkhovna Rada of Ukraine take
place on the last Sunday of October of the fifth year of the term of authority of
the Verkhovna Rada of Ukraine
Special elections to the Verkhovna Rada of Ukraine are designated by the President of
Ukraine and are held within sixty days from the day of the publication of the
decision on the pre-term termination of authority of the Verkhovna Rada of Ukraine
The procedure for conducting elections of
National Deputies of Ukraine is established by law.
Article 78
National Deputies of Ukraine exercise their
authority on a permanent basis.
National Deputies of Ukraine shall not have
another representative mandate or be in the civil service.
Requirements concerning the incompatibility of
the mandate of the deputy with other types of activity are established by law.
Article 79
Before assuming office, National Deputies of
Ukraine take the following oath before the Verkhovna Rada of Ukraine
"I swear allegiance to Ukraine Ukraine
I swear to abide by the Constitution of Ukraine
and the laws of Ukraine
The oath is read by the eldest National Deputy
of Ukraine before the
opening of the first session of the newly-elected Verkhovna Rada of Ukraine
The refusal to take the oath results in the
loss of the mandate of the deputy.
The authority of National Deputies of Ukraine
commences from the moment of the taking of the oath.
Article 80
National Deputies of Ukraine are guaranteed
parliamentary immunity.
National Deputies of Ukraine are not legally
liable for the results of voting or for statements made in Parliament and in
its bodies, with the exception of liability for insult or defamation.
National Deputies of Ukraine shall not be held
criminally liable, detained or arrested without the consent of the Verkhovna
Rada of Ukraine
Article 81
The authority of National Deputies of Ukraine
terminates simultaneously with the termination of authority of the Verkhovna
Rada of Ukraine
The authority of a National Deputy of Ukraine
1) his or her resignation through a personal
statement;
2) a guilty verdict against him or her entering
into legal force;
3) a court declaring him or her incompetent or
missing;
4) termination of his or her citizenship or his
or her departure from Ukraine
5) his or her death.
The decision about the pre-term termination of
authority of a National Deputy of Ukraine
is adopted by the majority of the constitutional composition of the Verkhovna
Rada of Ukraine
In the event a requirement concerning
incompatibility of the mandate of the deputy with other types of activity is
not fulfilled, the authority of the National Deputy of Ukraine
Article 82
The Verkhovna Rada of Ukraine
The Verkhovna Rada of Ukraine
The Verkhovna Rada of Ukraine
The first meeting of the Verkhovna Rada of Ukraine is opened by the eldest National Deputy
of Ukraine
The operational procedure of the Verkhovna Rada
of Ukraine is established by
the Constitution of Ukraine and the law on the Rules of Procedure of the
Verkhovna Rada of Ukraine
Article 83
Regular sessions of the Verkhovna Rada of Ukraine
Special sessions of the Verkhovna Rada of Ukraine , with the stipulation of their agenda,
are convoked by the Chairman of the Verkhovna Rada of Ukraine , on the demand of no fewer National
Deputies of Ukraine than one-third of the constitutional composition of the
Verkhovna Rada of Ukraine
In the event of the introduction of martial law
or of a state of emergency in Ukraine ,
the Verkhovna Rada of Ukraine
In the event that the term of authority of the
Verkhovna Rada of Ukraine expires while martial law or a state of emergency is
in effect, its authority is extended until the day of the first meeting of the
first session of the Verkhovna Rada of Ukraine , elected after the cancellation
of martial law or of the state of emergency.
Article 84
Meetings of the Verkhovna Rada of Ukraine Ukraine
Decisions of the Verkhovna Rada of Ukraine
Voting at the meetings of the Verkhovna Rada of
Ukraine is performed by a
National Deputy of Ukraine
Article 85
The authority of the Verkhovna Rada of Ukraine
1) introducing amendments to the Constitution
of Ukraine within the limits and by the procedure envisaged by Chapter XIII of
this Constitution;
2) designating an All-Ukrainian referendum on
issues determined by Article 73 of this Constitution;
3) adopting laws;
4) approving the State Budget of Ukraine and
introducing amendments to it; controlling the implementation of the State
Budget of Ukraine and adopting decisions in regard to the report on its
implementation;
5) determining the principles of domestic and
foreign policy;
6) approving national programmes of economic,
scientific and technical, social, national and cultural development, and the
protection of the environment;
7) designating elections of the President of
Ukraine within the terms envisaged by this Constitution;
8) hearing annual and special messages of the
President of Ukraine on the domestic and foreign situation of Ukraine
9) declaring war upon the submission of the
President of Ukraine and concluding peace, approving the decision of the
President of Ukraine on the use of the Armed Forces of Ukraine and other
military formations in the event of armed aggression against Ukraine;
10) removing the President of Ukraine from
office in accordance with the special procedure (impeachment) established by
Article 111 of this Constitution;
11) considering and adopting the decision in
regard to the approval of the Programme of Activity of the Cabinet of Ministers
of Ukraine;
12) giving consent to the appointment of the
Prime Minister of Ukraine by the President of Ukraine;
13) exercising control over the activity of the
Cabinet of Ministers of Ukraine in accordance with this Constitution;
14) confirming decisions on granting loans and
economic aid by Ukraine to foreign states and international organisations and
also decisions on Ukraine receiving loans not envisaged by the State Budget of
Ukraine from foreign states, banks and international financial organisations,
exercising control over their use;
15) appointing or electing to office,
dismissing from office, granting consent to the appointment to and the
dismissal from office of persons in cases envisaged by this Constitution;
16) appointing to office and dismissing from
office the Chairman and other members of the Chamber of Accounting;
17) appointing to office and dismissing from
office the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine ; hearing his or her annual reports on
the situation of the observance and protection of human rights and freedoms in Ukraine
18) appointing to office and dismissing from
office the Chairman of the National Bank of Ukraine
19) appointing and dismissing one-half of the
composition of the Council of the National Bank of Ukraine
20) appointing one-half of the composition of
the National Council of Ukraine on Television and Radio Broadcasting;
21) appointing to office and terminating the
authority of the members of the Central Electoral Commission on the submission
of the President of Ukraine;
22) confirming the general structure and
numerical strength, and defining the functions of the Armed Forces of Ukraine,
the Security Service of Ukraine and other military formations created in
accordance with the laws of Ukraine
23) approving decisions on providing military
assistance to other states, on sending units of the Armed Forces of Ukraine to
another state, or on admitting units of armed forces of other states on to the
territory of Ukraine;
24) granting consent for the appointment to
office and the dismissal from office by the President of Ukraine of the
Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State
Property Fund of Ukraine and the Chairman of the State Committee on Television
and Radio Broadcasting of Ukraine;
25) granting consent for the appointment to
office by the President of Ukraine of the Procurator General of Ukraine ; declaring no confidence in the
Procurator General of Ukraine
26) appointing one-third of the composition of
the Constitutional Court of Ukraine;
27) electing judges for permanent terms;
28) terminating prior to the expiration of the
term of authority of the Verkhovna Rada of the Autonomous Republic of Crimea,
based on the opinion of the Constitutional Court of Ukraine that the
Constitution of Ukraine or the laws of Ukraine have been violated by the
Verkhovna Rada of the Autonomous Republic of Crimea; designating special
elections to the Verkhovna Rada of the Autonomous Republic of Crimea;
29) establishing and abolishing districts,
establishing and altering the boundaries of districts and cities, assigning
inhabited localities to the category of cities, naming and renaming inhabited
localities and districts;
30) designating regular and special elections
to bodies of local self-government;
31) confirming, within two days from the moment
of the address by the President of Ukraine, decrees on the introduction of
martial law or of a state of emergency in Ukraine
32) granting consent to the binding character
of international treaties of Ukraine
within the term established by law, and denouncing international treaties of Ukraine
33) exercising parliamentary control within the
limits determined by this Constitution;
34) adopting decisions on forwarding an inquiry
to the President of Ukraine on the demand of a National Deputy of Ukraine, a
group of National Deputies or a Committee of the Verkhovna Rada of Ukraine,
previously supported by no less than one-third of the constitutional
composition of the Verkhovna Rada of Ukraine;
35) appointing to office and dismissing from
office the Head of Staff of the Verkhovna Rada of Ukraine ;
approving the budget of the Verkhovna Rada of Ukraine
36) confirming the list of objects of the right
of state property that are not subject to privatisation; determining the legal
principles for the expropriation of objects of the right of private property.
The Verkhovna Rada of Ukraine
Article 86
At a session of the Verkhovna Rada of Ukraine,
a National Deputy of Ukraine has the right to present an inquiry to the bodies
of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, chief
officers of other bodies of state power and bodies of local self-government,
and also to the chief executives of enterprises, institutions and organisations
located on the territory of Ukraine, irrespective of their subordination and
forms of ownership.
Chief officers of bodies of state power and
bodies of local self-government, chief executives of enterprises, institutions
and organisations are obliged to notify a National Deputy of Ukraine
Article 87
The Verkhovna Rada of Ukraine, on the proposal
of no fewer National Deputies of Ukraine than one-third of its constitutional
composition, may consider the issue of responsibility of the Cabinet of
Ministers of Ukraine and adopt a resolution of no confidence in the Cabinet of
Ministers of Ukraine by the majority of the constitutional composition of the
Verkhovna Rada of Ukraine.
The issue of responsibility of the Cabinet of
Ministers of Ukraine shall not be considered by the Verkhovna Rada of Ukraine
Article 88
The Verkhovna Rada of Ukraine elects from among its members the
Chairman of the Verkhovna Rada of Ukraine ,
the First Deputy Chairman and the Deputy Chairman of the Verkhovna Rada of Ukraine
The Chairman of the Verkhovna Rada of Ukraine
1) presides at meetings of the Verkhovna Rada
of Ukraine
2) organises the preparation of issues for
consideration at the meetings of the Verkhovna Rada of Ukraine
3) signs acts adopted by the Verkhovna Rada of Ukraine
4) represents the Verkhovna Rada of Ukraine in relations with other bodies of state
power of Ukraine
5) organises the work of the staff of the
Verkhovna Rada of Ukraine
The Chairman of the Verkhovna Rada of Ukraine exercises authority envisaged by this
Constitution, by the procedure established by law on the Rules of Procedure of
the Verkhovna Rada of Ukraine
Article 89
The Verkhovna Rada of Ukraine confirms the list of Committees of the
Verkhovna Rada of Ukraine
The Committees of the Verkhovna Rada of Ukraine perform the work of legislative
drafting, prepare and conduct the preliminary consideration of issues ascribed
to the authority of the Verkhovna Rada of Ukraine
The Verkhovna Rada of Ukraine
To investigate issues of public interest, the
Verkhovna Rada of Ukraine
establishes temporary investigatory commissions, if no less than one-third of
the constitutional composition of the Verkhovna Rada of Ukraine
The conclusions and proposals of temporary
investigatory commissions are not decisive for investigation and court.
The organisation and operational procedure of
Committees of the Verkhovna Rada of Ukraine
Article 90
The authority of the Verkhovna Rada of Ukraine is terminated on the day of the opening
of the first meeting of the Verkhovna Rada of Ukraine
The President of Ukraine may terminate the
authority of the Verkhovna Rada of Ukraine
The authority of the Verkhovna Rada of Ukraine,
that is elected at special elections conducted after the pre-term termination
by the President of Ukraine of authority of the Verkhovna Rada of Ukraine of
the previous convocation, shall not be terminate d within one year from the day
of its election.
The authority of the Verkhovna Rada of Ukraine
Article 91
The Verkhovna Rada of Ukraine
Article 92
The following are determined exclusively by the
laws of Ukraine
1) human and citizens' rights and freedoms, the
guarantees of these rights and freedoms; the main duties of the citizen;
2) citizenship, the legal personality of
citizens, the status of foreigners and stateless persons;
3) the rights of indigenous peoples and
national minorities;
4) the procedure for the use of languages;
5) the principles of the use of natural
resources, the exclusive (maritime) economic zone and the continental shelf,
the exploration of outer space, the organisation and operation of power supply
systems, transportation and communications;
6) the fundamentals of social protection, the
forms and types of pension provision; the principles of the regulation of
labour and employment, marriage, family, the protection of childhood,
motherhood and fatherhood; upbringing, education, culture and health care;
ecological safety;
7) the legal regime of property;
8) the legal principles and guarantees of
entrepreneurship; the rules of competition and the norms of antimonopoly
regulation;
9) the principles of foreign relations, foreign
economic activity and customs;
10) the principles of the regulation of
demographic and migration processes;
11) the principles of the establishment and
activity of political parties, other associations of citizens, and the mass
media;
12) the organisation and activity of bodies of
executive power, the fundamentals of civil service, the organisation of state
statistics and informatics;
13) the territorial structure of Ukraine
14) the judicial system, judicial proceedings,
the status of judges, the principles of judicial expertise, the organisation
and operation of the procuracy, the bodies of inquiry and investigation, the
notary, the bodies and institutions for the execution of punishments; the
fundamentals of the organisation and activity of the advocacy;
15) the principles of local self-government;
16) the status of the capital of Ukraine
17) the fundamentals of national security, the
organisation of the Armed Forces of Ukraine and ensuring public order;
18) the legal regime of the state border;
19) the legal regime of martial law and a state
of emergency, zones of an ecological emergency situation;
20) the organisation and procedure for
conducting elections and referendums;
21) the organisation and operational procedure
of the Verkhovna Rada of Ukraine
22) the principles of civil legal liability;
acts that are crimes, administrative or disciplinary offences, and liability
for them.
The following are established exclusively by
the laws of Ukraine
1) the State Budget of Ukraine and the
budgetary system of Ukraine; the system of taxation, taxes and levies; the
principles of the formation and operation of financial, monetary, credit and
investment markets; the status of the national currency and also the status of
foreign currencies on the territory of Ukraine; the procedure for the formation
and payment of state domestic and foreign debt; the procedure for the issuance
and circulation of state securities, their types and forms;
2) the procedure for deploying units of the
Armed Forces of Ukraine to other states; the procedure for admitting and the terms
for stationing units of armed forces of other states on the territory of
Ukraine;
3) units of weight, measure and time; the
procedure for establishing state standards;
4) the procedure for the use and protection of
state symbols;
5) state awards;
6) military ranks, diplomatic and other special
ranks;
7) state holidays;
8) the procedure for the establishment and
functioning of free and other special zones that have an economic and migration
regime different from the general regime.
Amnesty is declared by the law of Ukraine
Article 93
The right of legislative initiative in the
Verkhovna Rada of Ukraine
belongs to the President of Ukraine, the National Deputies of Ukraine, the
Cabinet of Ministers of Ukraine and the National Bank of Ukraine
Draft laws defined by the President of Ukraine
as not postponable, are considered out of turn by the Verkhovna Rada of Ukraine
Article 94
The Chairman of the Verkhovna Rada of Ukraine
Within fifteen days of the receipt of a law,
the President of Ukraine signs it, accepting it for execution, and officially
promulgates it, or returns it to the Verkhovna Rada of Ukraine
In the event that the President of Ukraine has
not returned a law for repeat consideration within the established term, the
law is deemed to be approved by the President of Ukraine and shall be signed
and officially promulgated.
If a law, during its repeat consideration, is
again adopted by the Verkhovna Rada of Ukraine
A law enters into force in ten days from the
day of its official promulgation, unless otherwise envisaged by the law itself,
but not prior to the day of its publication.
Article 95
The budgetary system of Ukraine
Any state expenditures for the needs of the
entire society, the extent and purposes of these expenditures, are determined
exclusively by the law on the State Budget of Ukraine.
The State aspires to a balanced budget of Ukraine
Regular reports on revenues and expenditures of
the State Budget of Ukraine shall be made public.
Article 96
The State Budget of Ukraine is annually
approved by the Verkhovna Rada of Ukraine
The Cabinet of Ministers of Ukraine submits the
draft law on the State Budget of Ukraine for the following year to the
Verkhovna Rada of Ukraine
Article 97
The Cabinet of Ministers of Ukraine submits the
report on the implementation of the State Budget of Ukraine to the Verkhovna
Rada of Ukraine
The submitted report shall be made public.
Article 98
The Chamber of Accounting exercises
control over the receipt of finances to the State Budget of Ukraine and their
use on behalf of the Verkhovna Rada of Ukraine
The organisation, authority and
operational procedure of the Chamber of Accounting shall be determined by law.
Article 99
The monetary unit of Ukraine
To ensure the stability of the monetary unit is
the major function of the central bank of the State — the National Bank of Ukraine
Article 100
The Council of the National Bank of Ukraine
The legal status of the Council of the National
Bank of Ukraine
Article 101
The Authorised Human Rights Representative of
the Verkhovna Rada of Ukraine
Article 102
The President of Ukraine is the Head of State
and acts in its name.
The President of Ukraine is the guarantor of
state sovereignty and territorial indivisibility of Ukraine
Article 103
The President of Ukraine is elected by the
citizens of Ukraine
A citizen of Ukraine who has attained the age
of thirty-five, has the right to vote, has resided in Ukraine for the past ten
years prior to the day of elections, and has command of the state language, may
be elected as the President of Ukraine.
One and the same person shall not be the
President of Ukraine for more than two consecutive terms.
The President of Ukraine shall not have another
representative mandate, hold office in bodies of state power or in associations
of citizens, and also perform any other paid or entrepreneurial activity, or be
a member of an administrative body or board of supervisors of an enterprise
that is aimed at making profit.
The regular elections of the President of Ukraine are held on the last Sunday of March of the fifth
year of the term of authority of the President of Ukraine. In the event of
pre-term termination of authority of the President of Ukraine,
elections of the President of Ukraine are held within
ninety days from the date of termination of the authority.
The procedure for conducting elections of the
President of Ukraine is established by law.
Article 104
The newly-elected President of Ukraine assumes
office no later than in thirty days after the official announcement of the
election results, from the moment of taking the oath to the people at a
ceremonial meeting of the Verkhovna Rada of Ukraine
The Chairman of the Constitutional Court of
Ukraine administers the oath to the President of Ukraine.
The President of Ukraine takes the following
oath:
"I, (name and surname), elected by the
will of the people as the President of Ukraine, assuming this high office, do
solemnly swear allegiance to Ukraine
The President of Ukraine, elected by special
elections, takes the oath within five days after the official announcement of
the election results.
Article 105
The President of Ukraine enjoys the right of
immunity during the term of authority.
Persons guilty of offending the honour and
dignity of the President of Ukraine are brought to responsibility on the basis
of the law.
The title of President of Ukraine is protected
by law and is reserved for the President for life, unless the President of
Ukraine has been removed from office by the procedure of impeachment.
Article 106
The President of Ukraine
1) ensures state independence, national
security and the legal succession of the state;
2) addresses the people with messages and the
Verkhovna Rada of Ukraine
with annual and special messages on the domestic and foreign situation of Ukraine
3) represents the state in international
relations, administers the foreign political activity of the State, conducts
negotiations and concludes international treaties of Ukraine
4) adopts decisions on the recognition of
foreign states;
5) appoints and dismisses heads of diplomatic
missions of Ukraine
6) designates an All-Ukrainian referendum
regarding amendments to the Constitution of Ukraine in accordance with Article
156 of this Constitution, proclaims an All-Ukrainian referendum on popular
initiative;
7) designates special elections to the
Verkhovna Rada of Ukraine
8) terminates the authority of the Verkhovna
Rada of Ukraine
9) appoints the Prime Minister of Ukraine with
the consent of the Verkhovna Rada of Ukraine
10) appoints, on the submission of the Prime
Minister of Ukraine, members of the Cabinet of Ministers of Ukraine, chief
officers of other central bodies of executive power, and also the heads of
local state administrations, and terminates their authority in these positions;
11) appoints the Procurator General of Ukraine to office with the consent of the
Verkhovna Rada of Ukraine
12) appoints one-half of the composition of the
Council of the National Bank of Ukraine
13) appoints one-half of the composition of the
National Council of Ukraine on Television and Radio Broadcasting;
14) appoints to office and dismisses from
office, with the consent of the Verkhovna Rada of Ukraine, the Chairman of the
Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of
Ukraine and the Chairman of the State Committee on Television and Radio
Broadcasting of Ukraine;
15) establishes, reorganises and liquidates, on
the submission of the Prime Minister of Ukraine, ministries and other central
bodies of executive power, acting within the limits of funding envisaged for
the maintenance of bodies of executive power;
16) revokes acts of the Cabinet of Ministers of
Ukraine and acts of the Council of Ministers of the Autonomous Republic of
Crimea;
17) is the Commander-in-Chief of the Armed
Forces of Ukraine; appoints to office and dismisses from office the high
command of the Armed Forces of Ukraine and other military formations;
administers in the spheres of national security and defence of the State;
18) heads the Council of National Security and
Defence of Ukraine;
19) forwards the submission to the Verkhovna
Rada of Ukraine on the
declaration of a state of war, and adopts the decision on the use of the Armed
Forces in the event of armed aggression against Ukraine
20) adopts a decision in accordance with the
law on the general or partial mobilisation and the introduction of martial law
in Ukraine or in its
particular areas, in the event of a threat of aggression, danger to the state
independence of Ukraine
21) adopts a decision, in the event of
necessity, on the introduction of a state of emergency in Ukraine or in its
particular areas, and also in the event of necessity, declares certain areas of
Ukraine as zones of an ecological emergency situation — with subsequent
confirmation of these decisions by the Verkhovna Rada of Ukraine;
22) appoints one-third of the composition to
the Constitutional Court of Ukraine;
23) establishes courts by the procedure
determined by law;
24) confers high military ranks, high diplomatic
and other high special ranks and class orders;
25) confers state awards; establishes
presidential distinctions and confers them;
26) adopts decisions on the acceptance for
citizenship of Ukraine and
the termination of citizenship of Ukraine ,
and on the granting of asylum in Ukraine
27) grants pardons;
28) creates, within the limits of the funds
envisaged in the State Budget of Ukraine, consultative, advisory and other
subsidiary bodies and services for the exercise of his or her authority;
29) signs laws adopted by the Verkhovna Rada of
Ukraine
30) has the right to veto laws adopted by the
Verkhovna Rada of Ukraine with their subsequent return for repeat consideration
by the Verkhovna Rada of Ukraine;
31) exercises other powers determined by the
Constitution of Ukraine.
The President of Ukraine shall not transfer his
or her powers to other persons or bodies.
The President of Ukraine, on the basis and for
the execution of the Constitution and the laws of Ukraine ,
issues decrees and directives that are mandatory for execution on the territory of Ukraine
Acts of the President of Ukraine, issued within
the limits of authority as envisaged in subparagraphs 3, 4, 5, 8, 10, 14, 15,
17, 18, 21, 22, 23 and 24 of this Article, are co-signed by the Prime Minister
of Ukraine and the Minister responsible for the act and its execution.
Article 107
The Council of National Security and Defence of
Ukraine is the co-ordinating body to the President of Ukraine on issues of
national security and defence.
The Council of National Security and Defence of
Ukraine co-ordinates and controls the activity of bodies of executive power in
the sphere of national security and defence.
The President of Ukraine is the Chairman of the
Council of National Security and Defence of Ukraine.
The President of Ukraine forms the personal
composition of the Council of National Security and Defence of Ukraine.
The Prime Minister of Ukraine, the Minister of
Defence of Ukraine, the Head of the Security Service of Ukraine, the Minister
of Internal Affairs of Ukraine and the Minister of Foreign Affairs of Ukraine,
are ex officio members of the Council of Nation al Security and Defence of
Ukraine.
The Chairman of the Verkhovna Rada of Ukraine
Decisions of the Council of National Security
and Defence of Ukraine are put into effect by decrees of the President of
Ukraine.
The competence and functions of the Council of
National Security and Defence of Ukraine are determined by law.
Article 108
The President of Ukraine exercises his or her
powers until the assumption of office by the newly-elected President of
Ukraine.
The powers of the President of Ukraine
terminate prior to the expiration of term in cases of:
1) resignation;
2) inability to exercise his or her powers for
reasons of health;
3) removal from office by the procedure of
impeachment;
4) death.
Article 109
The resignation of the President of Ukraine
enters into force from the moment he or she personally announces the statement
of resignation at a meeting of the Verkhovna Rada of Ukraine
Article 110
The inability of the President of Ukraine to
exercise his or her powers for reasons of health shall be determined at a
meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted by
the majority of its constitutional composition on the basis of a petition of
the Supreme Court of Ukraine – on the appeal of the Verkhovna Rada of Ukraine,
and a medical opinion.
Article 111
The President of Ukraine may be removed from
office by the Verkhovna Rada of Ukraine
The issue of the removal of the President of
Ukraine from office by the procedure of impeachment is initiated by the
majority of the constitutional composition of the Verkhovna Rada of Ukraine
To conduct the investigation, the Verkhovna
Rada of Ukraine
The conclusions and proposals of the temporary
investigatory commission are considered at a meeting of the Verkhovna Rada of Ukraine
For cause, the Verkhovna Rada of Ukraine
The decision on the removal of the President of
Ukraine from office by the procedure of impeachment is adopted by the Verkhovna
Rada of Ukraine by no less than three-quarters of its constitutional
composition, after the review of the case by the Constitutional Court of
Ukraine and the receipt of its opinion on the observance of the constitutional
procedure of investigation and consideration of the case of impeachment, and
the receipt of the opinion of the Supreme Court of Ukraine to the effect that
the acts, of which the President of Ukraine is accused, contain elements of
state treason or other crime.
Article 112
In the event of the pre-term termination of
authority of the President of Ukraine in accordance with Articles 108, 109, 110
and 111 of this Constitution, the execution of duties of the President of
Ukraine, for the period pending the elections and the assumption of office of
the new President of Ukraine, is vested in the Prime Minister of Ukraine. The
Prime Minister of Ukraine, for the period of executing the duties of the
President of Ukraine, shall not exercise the powers envisaged by subparagraphs
2, 6, 8, 10, 11, 12, 14, 15, 16, 22, 25 and 27 of Article 106 of the
Constitution of Ukraine.
Chapter VI
Cabinet of Ministers ofUkraine
Cabinet of Ministers of
Other Bodies of Executive Power
Article 113
The Cabinet of Ministers of Ukraine is the
highest body in the system of bodies of executive power.
The Cabinet of Ministers of Ukraine is
responsible to the President of Ukraine and is under the control of and
accountable to the Verkhovna Rada of Ukraine
The Cabinet of Ministers of Ukraine is guided
in its activity by the Constitution and the laws of Ukraine
Article 114
The Cabinet of Ministers of Ukraine is composed
of the Prime Minister of Ukraine, the First Vice Prime Minister, three Vice
Prime Ministers and the Ministers.
The Prime Minister of Ukraine is appointed by
the President of Ukraine with the consent of more than one-half of the
constitutional composition of the Verkhovna Rada of Ukraine
The personal composition of the Cabinet of
Ministers of Ukraine is appointed by the President of Ukraine on the submission
of the Prime Minister of Ukraine.
The Prime Minister of Ukraine manages the work
of the Cabinet of Ministers of Ukraine and directs it for the implementation of
the Programme of Activity of the Cabinet of Ministers of Ukraine adopted by the
Verkhovna Rada of Ukraine
The Prime Minister of Ukraine forwards a
submission to the President of Ukraine on the establishment, reorganisation and
liquidation of ministries and other central bodies of executive power, within
the funds envisaged by the State Budget of Ukraine f or the maintenance of
these bodies.
Article 115
The Cabinet of Ministers of Ukraine tenders its
resignation to the newly-elected President of Ukraine.
The Prime Minister of Ukraine, other members of
the Cabinet of Ministers of Ukraine, have the right to announce their
resignation to the President of Ukraine.
The resignation of the Prime Minister of
Ukraine results in the resignation of the entire Cabinet of Ministers of
Ukraine.
The adoption of a resolution of no confidence
in the Cabinet of Ministers of Ukraine by the Verkhovna Rada of Ukraine
The Cabinet of Ministers, whose resignation is
accepted by the President of Ukraine, continues to exercise its powers by
commission of the President, until a newly-formed Cabinet of Ministers of
Ukraine commences its operation, but no longer than for sixty days.
The Prime Minister of Ukraine is obliged to
submit a statement of resignation of the Cabinet of Ministers of Ukraine to the
President of Ukraine following a decision by the President of Ukraine or in
connection with the adoption of the resolution of n o confidence by the
Verkhovna Rada of Ukraine
Article 116
The Cabinet of Ministers of Ukraine
1) ensures the state sovereignty and economic
independence of Ukraine, the implementation of domestic and foreign policy of
the State, the execution of the Constitution and the laws of Ukraine, and the
acts of the President of Ukraine;
2) takes measures to ensure human and citizens'
rights and freedoms;
3) ensures the implementation of financial,
pricing, investment and taxation policy; the policy in the spheres of labour
and employment of the population, social security, education, science and
culture, environmental protection, ecological safety and the utilisation of
nature;
4) elaborates and implements national
programmes of economic, scientific and technical, and social and cultural
development of Ukraine
5) ensures equal conditions of development of
all forms of ownership; administers the management of objects of state property
in accordance with the law;
6) elaborates the draft law on the State Budget
of Ukraine and ensures the implementation of the State Budget of Ukraine
approved by the Verkhovna Rada of Ukraine ,
and submits a report on its implementation to the Verkhovna Rada of Ukraine
7) takes measures to ensure the defence
capability and national security of Ukraine
8) organises and ensures the implementation of
the foreign economic activity of Ukraine
9) directs and co-ordinates the operation of
ministries and other bodies of executive power;
10) performs other functions determined by the
Constitution and the laws of Ukraine
Article 117
The Cabinet of Ministers of Ukraine, within the
limits of its competence, issues resolutions and orders that are mandatory for
execution.
Acts of the Cabinet of Ministers of Ukraine are
signed by the Prime Minister of Ukraine.
Normative legal acts of the Cabinet of
Ministers of Ukraine, ministries and other central bodies of executive power,
are subject to registration through the procedure established by law.
Article 118
The executive power in oblasts, districts, and
in the Cities of Kyiv and Sevastopol
Particular aspects of the exercise of executive
power in the Cities of Kyiv and Sevastopol are
determined by special laws of Ukraine
The composition of local state administrations
is formed by heads of local state administrations.
Heads of local state administrations are
appointed to office and dismissed from office by the President of Ukraine upon
the submission of the Cabinet of Ministers of Ukraine.
In the exercise of their duties, the heads of
local state administrations are responsible to the President of Ukraine and to
the Cabinet of Ministers of Ukraine, and are accountable to and under the
control of bodies of executive power of a higher level.
Local state administrations are accountable to
and under the control of councils in the part of the authority delegated to
them by the respective district or oblast councils.
Local state administrations are accountable to
and under the control of the bodies of executive power of a higher level.
Decisions of the heads of local state
administrations that contravene the Constitution and the laws of Ukraine , other acts of legislation of Ukraine
An oblast or district council may express no
confidence in the head of the respective local state administration, on which
grounds the President of Ukraine adopts a decision and provides a substantiated
reply.
If two-thirds of the deputies of the
composition of the respective council express no confidence in the head of a
district or oblast state administration, the President of Ukraine adopts a
decision on the resignation of the head of the local state administration.
Article 119
Local state administrations on their respective
territory ensure:
1) the execution of the Constitution and the
laws of Ukraine
2) legality and legal order; the observance of
laws and freedoms of citizens;
3) the implementation of national and regional
programmes for socio-economic and cultural development, programmes for
environmental protection, and also — in places of compact residence of
indigenous peoples and national minorities — programmes for their national and
cultural development;
4) the preparation and implementation of
respective oblast and district budgets;
5) the report on the implementation of
respective budgets and programmes;
6) interaction with bodies of local
self-government;
7) the realisation of other powers vested by
the state and also delegated by the respective councils.
Article 120
Members of the Cabinet of Ministers of Ukraine
and chief officers of central and local bodies of executive power do not have
the right to combine their official activity with other work, except teaching,
scholarly and creative activity outside of working hours, or to be members of
an administrative body or board of supervisors of an enterprise that is aimed
at making profit.
The organisation, authority and operational
procedure of the Cabinet of Ministers of Ukraine, and other central and local
bodies of executive power, are determined by the Constitution and the laws of Ukraine
Article 121
The Procuracy of Ukraine constitutes a unified
system that is entrusted with:
1) prosecution in court on behalf of the State;
2) representation of the interests of a citizen
or of the State in court in cases determined by law;
3) supervision of the observance of laws by
bodies that conduct detective and search activity, inquiry and pre-trial
investigation;
4) supervision of the observance of laws in the
execution of judicial decisions in criminal cases, and also in the application
of other measures of coercion related to the restraint of personal liberty of
citizens.
Article 122
The Procuracy of Ukraine is headed by the
Procurator General of Ukraine ,
who is appointed to office with the consent of the Verkhovna Rada of Ukraine Ukraine may express no confidence in the
Procurator General of Ukraine
The term of authority of the Procurator General
of Ukraine
Article 123
The organisation and operational procedure for
the bodies of the Procuracy of Ukraine are determined by law.
Article 124
Justice in Ukraine
The jurisdiction of the courts extends to all
legal relations that arise in the State.
Judicial proceedings are performed by the
Constitutional Court of Ukraine and courts of general jurisdiction.
The people directly participate in the administration
of justice through people's assessors and jurors.
Judicial decisions are adopted by the courts in
the name of Ukraine and are
mandatory for execution throughout the entire territory of Ukraine
Article 125
In Ukraine
The Supreme Court of Ukraine is highest
judicial body in the system of courts of general jurisdiction.
The respective high courts are the highest
judicial bodies of specialised courts.
Courts of appeal and local courts operate in
accordance with the law.
The creation of extraordinary and special
courts shall not be permitted.
Article 126
The independence and immunity of judges are
guaranteed by the Constitution and the laws of Ukraine
Influencing judges in any manner is prohibited.
A judge shall not be detained or arrested
without the consent of the Verkhovna Rada of Ukraine
Judges hold office for permanent terms, except
judges of the Constitutional Court of Ukraine, and judges appointed to the
office of judge for the first time.
A judge is dismissed from office by the body
that elected or appointed him or her in the event of:
1) the expiration of the term for which he or
she was elected or appointed;
2) the judge's attainment of the age of
sixty-five;
3) the impossibility to exercise his or her
authority for reasons of health;
4) the violation by the judge of requirements
concerning incompatibility;
5) the breach of oath by the judge;
6) the entry into legal force of a verdict of
guilty against him or her;
7) the termination of his or her citizenship;
8) the declaration that he or she is missing,
or the pronouncement that he or she is dead;
9) the submission by the judge of a statement
of resignation or of voluntary dismissal from office.
The authority of the judge terminates in the
event of his or her death.
The State ensures the personal security of
judges and their families.
Article 127
Justice is administered by professional judges
and, in cases determined by law, people's assessors and jurors.
Professional judges shall not belong to
political parties and trade unions, take part in any political activity, hold a
representative mandate, occupy any other paid positions, perform other
remunerated work except scholarly, teaching and creative activity.
A citizen of Ukraine, not younger than the age
of twenty-five, who has a higher legal education and has work experience in the
sphere of law for no less than three years, has resided in Ukraine for no less
than ten years and has command of the state language, may be recommended for
the office of judge by the Qualification Commission of Judges.
Persons with professional training in issues of
jurisdiction of specialised courts may be judges of these courts. These judges
administer justice only as members of a collegium of judges.
Additional requirements for certain categories
of judges in terms of experience, age and their professional level are
established by law.
Protection of the professional interests of
judges is exercised by the procedure established by law.
Article 128
The first appointment of a professional judge
to office for a five-year term is made by the President of Ukraine. All other
judges, except the judges of the Constitutional Court of Ukraine, are elected
by the Verkhovna Rada of Ukraine
The Chairman of the Supreme Court of Ukraine is
elected to office and dismissed from office by the Plenary Assembly of the
Supreme Court of Ukraine by secret ballot, by the procedure established by law.
Article 129
In the administration of justice, judges are
independent and subject only to the law.
Judicial proceedings are conducted by a single
judge, by a panel of judges, or by a court of the jury.
The main principles of judicial proceedings
are:
1) legality;
2) equality before the law and the court of all
participants in a trial;
3) ensuring that the guilt is proved;
4) adversarial procedure and freedom of the
parties to present their evidence to the court and to prove the weight of
evidence before the court;
5) prosecution by the procurator in court on
behalf of the State;
6) ensuring the right of an accused person to a
defence;
7) openness of a trial and its complete
recording by technical means;
8) ensuring complaint of a court decision by
appeal and cassation, except in cases established by law;
9) the mandatory nature of court decisions.
The law may also determine other principles of
judicial proceedings in courts of specific judicial jurisdiction.
Persons guilty of contempt of court or of
showing disrespect toward the judge are brought to legal liability.
Article 130
The State ensures funding and proper conditions
for the operation of courts and the activity of judges. Expenditures for the
maintenance of courts are allocated separately in the State Budget of Ukraine.
Judges' self-management operates to resolve
issues of the internal affairs of courts.
Article 131
The High Council of Justice operates in Ukraine
1) forwarding submissions on the appointment of
judges to office or on their dismissal from office;
2) adopting decisions in regard to the
violation by judges and procurators of the requirements concerning
incompatibility;
3) exercising disciplinary procedure in regard
to judges of the Supreme Court of Ukraine and judges of high specialised
courts, and the consideration of complaints regarding decisions on bringing to
disciplinary liability judges of courts of appeal an d local courts, and also
procurators.
The High Council of Justice consists of twenty
members. The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress
of Judges of Ukraine, the Congress of Advocates of Ukraine, and the Congress of
Representatives of Higher Legal Educational Establishments and Scientific
Institutions, each appoint three members to the High Council of Justice, and
the All-Ukrainian Conference of Employees of the Procuracy — two members of the
High Council of Justice.
The Chairman of the Supreme Court of Ukraine,
the Minister of Justice of Ukraine and the Procurator General of Ukraine
Article 132
The territorial structure of Ukraine
Article 133
The system of the administrative and
territorial structure of Ukraine
Ukraine is composed of the Autonomous Republic
of Crimea, Vinnytsia Oblast, Volyn Oblast, Dnipropetrovsk Oblast, Donetsk
Oblast, Zhytomyr Oblast, Zakarpattia Oblast, Zaporizhia Oblast, Ivano-Frankivsk
Oblast, Kyiv Oblast, Kirovohrad Oblast, Luhansk Oblast, Lviv Oblast, Mykolaiv
Oblast, Odesa Oblast, Poltava Oblast, Rivne Oblast, Sumy Oblast, Ternopil
Oblast, Kharkiv Oblast, Kherson Oblast, Khmelnytskyi Oblast, Cherkasy Oblast,
Chernivtsi Oblast and Chernihiv Oblast, and the Cities of Kyiv and Sevastopol.
The Cities of Kyiv and Sevastopol
have special status that is determined by the laws of Ukraine
Article 134
The Autonomous Republic of Crimea is an
inseparable constituent part of Ukraine
Article 135
The Autonomous Republic of Crimea has the
Constitution of the Autonomous Republic of Crimea that is adopted by the
Verkhovna Rada of the Autonomous Republic of Crimea and approved by the
Verkhovna Rada of Ukraine by
no less than one-half of the constitutional composition of the Verkhovna Rada
of Ukraine
Normative legal acts of the Verkhovna Rada of
the Autonomous Republic of Crimea and decisions of the Council of Ministers of
the Autonomous Republic of Crimea shall not contradict the Constitution and the
laws of Ukraine and are adopted in accordance with the Constitution of Ukraine,
the laws of Ukraine, acts of the President of Ukraine and the Cabinet of
Ministers of Ukraine, and for their execution.
Article 136
The Verkhovna Rada of the Autonomous Republic
of Crimea is the representative body of the Autonomous Republic of Crimea which
deputies are elected on the basis of universal, equal and direct suffrage, by
secret ballot. The term of authority of the Verkhovna Rada of the Autonomous
Republic of Crimea which deputies are elected on regular elections is five
years. Termination of authority of the Verkhovna Rada of the Autonomous
Republic of Crimea shall lead to termination of authority of its deputies.
The regular elections of the Verkhovna Rada of
the Autonomous Republic of Crimea take place on the last Sunday of October of
the fifth year of the authority of the Verkhovna Rada of the Autonomous
Republic of Crimea elected on regular elections.
The Verkhovna Rada of the Autonomous Republic
of Crimea adopts decisions and resolutions that are mandatory for execution in
the Autonomous Republic of Crimea.
The Council of Ministers of the Autonomous
Republic of Crimea is the government of the Autonomous Republic of Crimea. The
Head of the Council of Ministers of the Autonomous Republic of Crimea is
appointed to office and dismissed from office by the Verkhovna Rada of the
Autonomous Republic of Crimea with the consent of the President of Ukraine.
The authority, the procedure for the formation
and operation of the Verkhovna Rada of the Autonomous Republic of Crimea and of
the Council of Ministers of the Autonomous Republic of Crimea, are determined
by the Constitution of Ukraine and the laws of Ukraine, and by normative legal
acts of the Verkhovna Rada of the Autonomous Republic of Crimea on issues
ascribed to its competence.
In the Autonomous Republic of Crimea, justice
is administered by courts that belong to the unified system of courts of Ukraine
Article 137
The Autonomous Republic of Crimea exercises
normative regulation on the following issues:
1) agriculture and forestry;
2) land reclamation and mining;
3) public works, crafts and trades; charity;
4) city construction and housing management;
5) tourism, hotel business, fairs;
6) museums, libraries, theatres, other cultural
establishments, historical and cultural preserves;
7) public transportation, roadways, water
supply;
8) hunting and fishing;
9) sanitary and hospital services.
For reasons of nonconformity of normative legal
acts of the Verkhovna Rada of the Autonomous Republic of Crimea with the
Constitution of Ukraine and the laws of Ukraine, the President of Ukraine may
suspend these normative legal acts of the Verkhovna Rada of the Autonomous
Republic of Crimea with a simultaneous appeal to the Constitutional Court of
Ukraine in regard to their constitutionality.
Article 138
The competence of the Autonomous Republic of
Crimea comprises:
1) designating elections of deputies to the
Verkhovna Rada of the Autonomous Republic of Crimea, approving the composition
of the electoral commission of the Autonomous Republic of Crimea;
2) organising and conducting local referendums;
3) managing property that belongs to the
Autonomous Republic of Crimea;
4) elaborating, approving and implementing the
budget of the Autonomous Republic of Crimea on the basis of the uniform tax and
budget policy of Ukraine
5) elaborating, approving and realising
programmes of the Autonomous Republic of Crimea for socio-economic and cultural
development, the rational utilisation of nature, and environmental protection
in accordance with national programmes;
6) recognising the status of localities as
resorts; establishing zones for the sanitary protection of resorts;
7) participating in ensuring the rights and
freedoms of citizens, national harmony, the promotion of the protection of
legal order and public security;
8) ensuring the operation and development of
the state language and national languages and cultures in the Autonomous
Republic of Crimea; protection and use of historical monuments;
9) participating in the development and
realisation of state programmes for the return of deported peoples;
10) initiating the introduction of a state of
emergency and the establishment of zones of an ecological emergency situation
in the Autonomous Republic of Crimea or in its particular areas.
Other powers may also be delegated to the
Autonomous Republic of Crimea by the laws of Ukraine
Article 139
The Representative Office of the President of
Ukraine, whose status is determined by the law of Ukraine
Article 140
Local self-government is the right of a
territorial community — residents of a village or a voluntary association of
residents of several villages into one village community, residents of a
settlement, and of a city — to independently resolve issues o f local character
within the limits of the Constitution and the laws of Ukraine.
Particular aspects of the exercise of local
self-government in the Cities of Kyiv and Sevastopol
are determined by special laws of Ukraine
Local self-government is exercised by a
territorial community by the procedure established by law, both directly and
through bodies of local self-government: village, settlement and city councils,
and their executive bodies.
District and oblast councils are bodies of
local self-government that represent the common interests of territorial
communities of villages, settlements and cities.
The issue of organisation of the administration
of city districts lies within the competence of city councils.
Village, settlement and city councils may
permit, upon the initiative of residents, the creation of house, street, block
and other bodies of popular self-organisation, and to assign them part of their
own competence, finances and property.
Article 141
A village, settlement, city,
district, oblast council is composed of deputies elected by residents of a village,
settlement, city, district, oblast on the basis of universal, equal and direct suffrage,
by secret ballot. The term of authority of a village, settlement, city,
district, oblast council which deputies are elected on regular elections is
five years. Termination of authority of a village, settlement, city, district,
oblast council shall lead to termination of authority of deputies of the
respective council.
Territorial communities elect on the
basis of universal, equal and direct suffrage, by secret ballot, the head of
village, settlement, city, respectively, who leads the executive body of the
council and presides at its meetings. The term of authority of the head of
village, settlement, city elected on regular elections is five years.
Regular elections of a village, settlement,
city, district, oblast council, the heads of village, settlement, city take
place on the last Sunday of October of the fifth year of the authority of the
respective council or the respective head elected on regular elections.
The status of heads, deputies and executive
bodies of a council and their authority, the procedure for their establishment,
reorganisation and liquidation, are determined by law.
The chairman of a district council and the
chairman of an oblast council are elected by the respective council and lead
the executive staff of the council.
Article 142
The material and financial basis for local
self-government is movable and immovable property, revenues of local budgets,
other funds, land, natural resources owned by territorial communities of
villages, settlements, cities, city districts, and also objects of their common
property that are managed by district and oblast councils.
On the basis of agreement, territorial
communities of villages, settlements and cities may join objects of communal
property as well as budget funds, to implement joint projects or to jointly
finance (maintain) communal enterprises, organisations and establishments, and
create appropriate bodies and services for this purpose.
The State participates in the formation of
revenues of the budget of local self-government and financially supports local
self-government. Expenditures of bodies of local self-government, that arise
from the decisions of bodies of state power, are compensated by the state.
Article 143
Territorial communities of a village,
settlement and city, directly or through the bodies of local self-government
established by them, manage the property that is in communal ownership; approve
programmes of socio-economic and cultural development, and control their
implementation; approve budgets of the respective administrative and
territorial units, and control their implementation; establish local taxes and
levies in accordance with the law; ensure the holding of local referendums and
the implementation of their results; establish, reorganise and liquidate communal
enterprises, organisations and institutions, and also exercise control over
their activity; resolve other issues of local importance ascribed to their
competence by law.
Oblast and district councils approve programmes
for socio-economic and cultural development of the respective oblasts and
districts, and control their implementation; approve district and oblast
budgets that are formed from the funds of the state budget for their
appropriate distribution among territorial communities or for the implementation
of joint projects, and from the funds drawn on the basis of agreement from
local budgets for the realisation of joint socio-economic and cultural
programmes, and control their implementation; resolve other issues ascribed to
their competence by law.
Certain powers of bodies of executive power may
be assigned by law to bodies of local self-government. The State finances the
exercise of these powers from the State Budget of Ukraine in full or through
the allocation of certain national taxes to the local budget, by the procedure
established by law, transfers the relevant objects of state property to bodies
of local self-government.
Bodies of local self-government, on issues of
their exercise of powers of bodies of executive power, are under the control of
the respective bodies of executive power.
Article 144
Bodies of local self-government, within the
limits of authority determined by law, adopt decisions that are mandatory for
execution throughout the respective territory.
Decisions of bodies of local self-government,
for reasons of nonconformity with the Constitution or the laws of Ukraine
Article 145
The rights of local self-government are
protected by judicial procedure.
Article 146
Other issues of the organisation of local
self-government, the formation, operation and responsibility of the bodies of
local self-government, are determined by law.
Article 147
The Constitutional Court of Ukraine is the sole
body of constitutional jurisdiction in Ukraine
The Constitutional Court of Ukraine decides on
issues of conformity of laws and other legal acts with the Constitution of
Ukraine and provides the official interpretation of the Constitution of Ukraine
and the laws of Ukraine
Article 148
The Constitutional Court of Ukraine is composed
of eighteen judges of the Constitutional Court of Ukraine.
The President of Ukraine, the Verkhovna Rada of
Ukraine
A citizen of Ukraine
who has attained the age of forty on the day of appointment, has a higher legal
education and professional experience of no less than ten years, has resided in
Ukraine
A judge of the Constitutional Court of Ukraine
is appointed for nine years without the right of appointment to a repeat term.
The Chairman of the Constitutional Court of
Ukraine is elected by secret ballot only for one three-year term at a special
plenary meeting of the Constitutional Court of Ukraine from among the judges of
the Constitutional Court of Ukraine.
Article 149
Judges of the Constitutional Court of Ukraine
are subject to the guarantees of independence and immunity and to the grounds
for dismissal from office envisaged by Article 126 of this Constitution, and
the requirements concerning incompatibility as determined in Article 127,
paragraph two of this Constitution.
Article 150
The authority of the Constitutional Court of
Ukraine comprises:
1) deciding on issues of conformity with the
Constitution of Ukraine (constitutionality) of the following:
laws and other legal acts of the Verkhovna Rada
of Ukraine
acts of the President of Ukraine;
acts of the Cabinet of Ministers of Ukraine;
legal acts of the Verkhovna Rada of the
Autonomous Republic of Crimea.
These issues are considered on the appeals of:
the President of Ukraine; no less than forty-five National Deputies of Ukraine;
the Supreme Court of Ukraine; the Authorised Human Rights Representative of the
Verkhovna Rada of Ukraine; the Verkhovna Rada of the Autonomous Republic of
Crimea;
2) the official interpretation of the
Constitution of Ukraine and the laws of Ukraine
On issues envisaged by this Article, the
Constitutional Court of Ukraine adopts decisions that are mandatory for
execution throughout the territory
of Ukraine
Article 151
The Constitutional Court of Ukraine, on the
appeal of the President of Ukraine or the Cabinet of Ministers of Ukraine,
provides opinions on the conformity with the Constitution of Ukraine of
international treaties of Ukraine
that are in force, or the international treaties submitted to the Verkhovna
Rada of Ukraine
On the appeal of the Verkhovna Rada of Ukraine
Article 152
Laws and other legal acts, by the decision of
the Constitutional Court of Ukraine, are deemed to be unconstitutional, in
whole or in part, in the event that they do not conform to the Constitution of
Ukraine, or if there was a violation of the procedure established by the
Constitution of Ukraine for their review, adoption or their entry into force.
Laws and other legal acts, or their separate
provisions, that are deemed to be unconstitutional, lose legal force from the
day the Constitutional Court of Ukraine adopts the decision on their
unconstitutionality.
Material or moral damages, inflicted on
physical and legal persons by the acts or actions deemed to be
unconstitutional, are compensated by the State by the procedure established by
law.
Article 153
The procedure for the organisation and
operation of the Constitutional Court of Ukraine, and the procedure for its
review of cases, are determined by law.
Article 154
A draft law on introducing amendments to the
Constitution of Ukraine may be submitted to the Verkhovna Rada of Ukraine by the President of Ukraine, or by no
fewer National Deputies of Ukraine than one-third of the constitutional
composition of the Verkhovna Rada of Ukraine
Article 155
A draft law on introducing amendments to the
Constitution of Ukraine, with the exception of Chapter I — "General
Principles," Chapter III — "Elections. Referendum," and Chapter
XIII — "Introducing Amendments to the Constitution of Ukraine,"
previously adopted by the majority of the constitutional composition of the
Verkhovna Rada of Ukraine, is deemed to be adopted, if at the next regular
session of the Verkhovna Rada of Ukraine, no less than two-thirds of the
constitutional composition of the Verkhovna Rada of Ukraine have voted in
favour thereof.
Article 156
A draft law on introducing amendments to
Chapter I — "General Principles," Chapter III — "Elections.
Referendum," and Chapter XIII — "Introducing Amendments to the
Constitution of Ukraine," is submitted to the Verkhovna Rada of Ukraine by
the President of Ukraine, or by no less than two-thirds of the constitutional
composition of the Verkhovna Rada of Ukraine, and on the condition that it is
adopted by no less than two-thirds of the constitutional composition of the
Verkhovna Rada of Ukraine, and is a proved by an All-Ukrainian referendum
designated by the President of Ukraine.
The repeat submission of a draft law on
introducing amendments to Chapters I, III and XIII of this Constitution on one
and the same issue is possible only to the Verkhovna Rada of Ukraine
Article 157
The Constitution of Ukraine shall not be
amended, if the amendments foresee the abolition or restriction of human and
citizens' rights and freedoms, or if they are oriented toward the liquidation
of the independence or violation of the territorial indivisibility of Ukraine
The Constitution of Ukraine shall not be
amended in conditions of martial law or a state of emergency.
Article 158
The draft law on introducing amendments to the
Constitution of Ukraine, considered by the Verkhovna Rada of Ukraine and not
adopted, may be submitted to the Verkhovna Rada of Ukraine no sooner than one
year from the day of the adoption of the decision on this draft law.
Within the term of its authority, the Verkhovna
Rada of Ukraine
Article 159
A draft law on introducing amendments to the
Constitution of Ukraine is considered by the Verkhovna Rada of Ukraine
Article 160
The Constitution of Ukraine enters into force
from the day of its adoption.
Article 161
The day of adoption of the Constitution of
Ukraine is a national holiday — the Day of the Constitution of Ukraine.
1. Laws and other normative acts, adopted prior
to this Constitution entering into force, are in force in the part that does
not contradict the Constitution of Ukraine.
2. After the adoption of the Constitution of
Ukraine, the Verkhovna Rada of Ukraine
Regular elections to the Verkhovna Rada of Ukraine
3. Regular elections of the President of
Ukraine shall be held on the last Sunday of October 1999.
4. The President of Ukraine, within three years
after the Constitution of Ukraine enters into force, has the right to issue
decrees approved by the Cabinet of Ministers of Ukraine and signed by the
Prime-Minister of Ukraine on economic issues not regulated by laws, with
simultaneous submission of the respective draft law to the Verkhovna Rada of
Ukraine, by the procedure established by Article 93 of this Constitution.
Such a decree of the President of Ukraine takes
effect, if within thirty calendar days from the day of submission of the draft
law (except the days between sessions), the Verkhovna Rada of Ukraine does not
adopt the law or does not reject the submitted draft law by the majority of its
constitutional composition, and is effective until a law adopted by the
Verkhovna Rada of Ukraine on these issues enters into force.
5. The Cabinet of Ministers of Ukraine
6. The Constitutional Court of Ukraine Ukraine
7. Heads of local state administrations, upon
entry of this Constitution into force, acquire the status of heads of local
state administrations in accordance with Article 118 of this Constitution, and
after the election of chairmen of the respective councils, tender resignations
from office of the chairmen of these councils.
8. Village, settlement and city councils and
the chairmen of these councils, upon entry of this Constitution of Ukraine into
force, exercise the authority as determined by it, until the election of the
new composition of these councils in March 1998.
District and oblast councils, elected prior to
the entry of this Constitution into force, exercise the authority as determined
by it, until the formation of the new composition of these councils in
accordance with the Constitution of Ukraine.
City district councils and their chairmen, upon
entry of this Constitution into force, exercise their authority in accordance
with the law.
9. The procuracy continues to exercise, in
accordance with the laws in force, the function of supervision over the
observance and application of laws and the function of preliminary investigation,
until the laws regulating the activity of state bodies in regard to the control
over the observance of laws are put into force, and until the system of
pre-trial investigation is formed and the laws regulating its operation are put
into effect.
10. Prior to the adoption of laws determining
the particular aspects of the exercise of executive power in the Cities of Kyiv
and Sevastopol
11. Article 99, paragraph one of this
Constitution shall enter into force after the introduction of the national
monetary unit — the hryvnia.
12. The Supreme Court of Ukraine and the High Court of Arbitration of Ukraine exercise their authority in accordance
with the legislation of Ukraine
that is in force, until the formation in Ukraine
Judges of all courts in Ukraine
Judges whose authority has terminated on the
day this Constitution enters into force, continue to exercise their authority
for the period of one year.
13. The current procedure for arrest, holding
in custody and detention of persons suspected of committing a crime, and also
for the examination and search of a dwelling place or other possessions of a
person, is preserved for five years after this Constitution enters into force.
14. The use of existing military bases on the territory of Ukraine
for the temporary stationing of foreign military formations is possible on the
terms of lease, by the procedure determined by the international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine
15. Regular elections of the
Verkhovna Rada of Ukraine after restoration of provisions of the Constitution
of Ukraine in the wording of June 28, 1996 upon the Decision of the
Constitutional Court of Ukraine dated September 30, 2010 No. 20-rp/2010 in the
case on observance of the procedure of introducing amendments to the
Constitution of Ukraine are held on the last Sunday of October of 2012.
16. Regular elections of the
President of Ukraine after restoration of the provisions of the Constitution of
Ukraine in the wording of June 28, 1996 upon the Decision of the Constitutional
Court of Ukraine dated September 30, 2010 No. 20-rp/2010 in the case on
observance of the procedure of introducing amendments to the Constitution of
Ukraine are held on the last Sunday of March of 2015.
Official English translation.
The only authentic text is the text in the state language ofUkraine
The only authentic text is the text in the state language of
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