Constitution of Ukraine
Chapter I
General Principles
The territory of Ukraine within its present border is indivisible and inviolable.
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.
The people are the bearers of sovereignty and the only source of power in Ukraine. The people exercise power directly and through bodies of state power and bodies of local self-government.
The right to determine and change the constitutional order in Ukraine belongs exclusively to the people and shall not be usurped by the State, its bodies or officials.
No one shall usurp state power.
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.
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.
The conclusion of international treaties that contravene the Constitution of Ukraine is possible only after introducing relevant amendments to the Constitution 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, is guaranteed.
The State promotes the learning of languages of international communication.
The use of languages in Ukraine is guaranteed by the Constitution of Ukraine and is determined by law.
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.
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.
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.
The defence of Ukraine and the protection of its sovereignty, territorial indivisibility and inviolability, are entrusted to the Armed Forces of Ukraine.
Ensuring state security and protecting the state border of Ukraine are entrusted to the respective military formations and law enforcement bodies of the State, whose organisation and operational procedure are determined by law.
The Armed Forces of Ukraine and other military formations shall not be used by anyone to restrict the rights and freedoms of citizens or with the intent to overthrow the constitutional order, subvert the bodies of power or obstruct their activity.
The State ensures the social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and in other military formations as well as of members of their families.
The creation and operation of any armed formations not envisaged by law are prohibited on the territory of Ukraine.
The location of foreign military bases shall not be permitted on the territory of Ukraine.
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.
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 compositio n of the Verkhovna Rada of Ukraine.
The main element of the Great State Coat of Arms of Ukraine is the Emblem of the Royal State of Volodymyr the Great (the Small State Coat of Arms of Ukraine).
The State Anthem of Ukraine is the national anthem set to the music of M. Verbytskyi, with words that are confirmed by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The description of the state symbols of Ukraine and the procedure for their use shall be established by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The capital of Ukraine is the City of Kyiv.
Chapter II
Human and Citizens’ Rights, Freedoms and Duties
Human rights and freedoms are inalienable and inviolable.
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.
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.
A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state.Ukraine guarantees care and protection to its citizens who are beyond its borders.
Foreigners and stateless persons may be granted asylum by the procedure established by law.
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.
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.
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.
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.
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.
A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time.
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.
The exercise of this right may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons.
The Church and religious organisations in Ukraine are separated from the State, and the school – from the Church. No religion shall be recognised by the State as mandatory.
No one shall be relieved of his or her duties before the State or refuse to perform the laws for reasons of religious beliefs. In the event that the performance of military duty is contrary to the religious beliefs of a citizen, the performance of th is duty shall be replaced by alternative (non-military) service.
Political parties in Ukraine promote the formation and expression of the political will of citizens, and participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties are established exclusively by this Constitution and the laws of Ukraine.
Citizens have the right to take part in trade unions with the purpose of protecting their labour and socio-economic rights and interests. Trade unions are public organisations that unite citizens bound by common interests that accord with the nature of their professional activity. Trade unions are formed without prior permission on the basis of the free choice of their members. All trade unions have equal rights. Restrictions on membership in trade unions are established exclusively by this 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.
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.
Citizens enjoy the equal right of access to the civil service and to service in 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The family, childhood, motherhood and fatherhood are under the protection of the State.
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.
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.
Every citizen has the right to the results of his or her intellectual, creative activity; no one shall use or distribute them without his or her consent, with the exceptions established by law.
The State promotes the development of science and the establishment of scientific relations of Ukraine with the world community.
Cultural heritage is protected by law.
The State ensures the preservation of historical monuments and other objects of cultural value, and takes measures to return to Ukraine the cultural treasures of the nation, that are located beyond its borders.
Everyone is guaranteed the right to challenge in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers.
Everyone has the right to appeal for the protection of his or her rights to the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine.
After exhausting all domestic legal remedies, everyone has the right to appeal for the protection of his or her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organisations of which Ukraine is a member or participant.
Everyone has the right to protect his or her rights and freedoms from violations and illegal encroachments by any means not prohibited by law.
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.
No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence.
In Ukraine, the advocacy acts to ensure the right to a defence against accusation and to provide legal assistance in deciding cases in courts and other state bodies.
For the issuance or execution of a manifestly criminal ruling or order, legal liability arises.
The legal liability of a person is of an individual character.
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.
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.
Under conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effectiveness of these restrictions. The rights and freedoms envisaged in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Constitution shall not be restricted.
Citizens perform military service in accordance with the 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.
Ignorance of the law shall not exempt from legal liability.
Chapter III
Elections. Referendum
Citizens deemed by a court to be incompetent do not have the right to vote.
Voters are guaranteed the free expression of their will.
An All-Ukrainian referendum is called on popular initiative on the request of no less than three million citizens of Ukraine who have the right to vote, on the condition that the signatures in favour of designating the referendum have been collected in no less than two-thirds of the oblasts, with no less than 100 000 signatures in each oblast.
Chapter IV
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 if the record is not cancelled and erased by the procedure established by law.
The authority of National Deputies of Ukraine is determined by the Constitution and the laws of Ukraine.
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.
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.
“I swear allegiance to Ukraine. I commit myself with all my deeds to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and for the welfare of the Ukrainian people. I swear to abide by the Constitution of Ukraine and the laws of Ukraine, to carry out my duties in the interests of all compatriots.”
The oath is read by the eldest National Deputy of Ukraine before the opening of the first session of the newly-elected Verkhovna Rada of Ukraine, after which the deputies affirm the oath with their signatures below its text.
The refusal to take the oath results in the loss of the mandate of the deputy.
The authority of National Deputies of Ukraine commences from the moment of the taking of the oath.
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.
The authority of a National Deputy of Ukraine terminates prior to the expiration of the term in the event of:
1) his or her resignation through a personal statement;
2) a guilty verdict against him or her entering into legal force;
3) a court declaring him or her incompetent or missing;
4) termination of his or her citizenship or his or her departure from Ukraine for permanent residence abroad;
5) his or her death.
The decision about the pre-term termination of authority of a National Deputy of Ukraine is adopted by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.
In the event a requirement concerning incompatibility of the mandate of the deputy with other types of activity is not fulfilled, the authority of the National Deputy of Ukraine terminates prior to the expiration of the term on the basis of the law pursuant to a court decision.
The Verkhovna Rada of Ukraine is competent on the condition that no less than two-thirds of its constitutional composition has been elected.
The Verkhovna Rada of Ukraine assembles for its first session no later than on the thirtieth day after the official announcement of the election results.
The first meeting of the Verkhovna Rada of Ukraine is opened by the eldest National Deputy of Ukraine.
The operational procedure of the Verkhovna Rada of Ukraine is established by the Constitution of Ukraine and the law on the Rules of Procedure of the Verkhovna Rada of Ukraine.
Special sessions of the Verkhovna Rada of Ukraine, with the stipulation of their agenda, are convoked by the Chairman of the Verkhovna Rada of Ukraine, on the demand of no fewer National Deputies of Ukraine than one-third of the constitutional composition of the Verkhovna Rada of Ukraine, or on the demand of the President of Ukraine.
In the event of the introduction of martial law or of a state of emergency in Ukraine, the Verkhovna Rada of Ukraine assembles within a period of two days without convocation.
In the event that the term of authority of the Verkhovna Rada of Ukraine expires while martial law or a state of emergency is in effect, its authority is extended until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine, elected after the cancellation of martial law or of the state of emergency.
Decisions of the Verkhovna Rada of Ukraine are adopted exclusively at its plenary meetings by voting.
Voting at the meetings of the Verkhovna Rada of Ukraine is performed by a National Deputy of Ukraine in person.
1) introducing amendments to the Constitution of Ukraine within the limits and by the procedure envisaged by Chapter XIII of this Constitution;
2) designating an All-Ukrainian referendum on issues determined by Article 73 of this Constitution;
3) adopting laws;
4) approving the State Budget of Ukraine and introducing amendments to it; controlling the implementation of the State Budget of Ukraine and adopting decisions in regard to the report on its implementation;
5) determining the principles of domestic and foreign policy;
6) approving national programmes of economic, scientific and technical, social, national and cultural development, and the protection of the environment;
7) designating elections of the President of Ukraine within the terms envisaged by this Constitution;
8) hearing annual and special messages of the President of Ukraine on the domestic and foreign situation of Ukraine;
9) declaring war upon the submission of the President of Ukraine and concluding peace, approving the decision of the President of Ukraine on the use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against Ukraine;
10) removing the President of Ukraine from office in accordance with the special procedure (impeachment) established by Article 111 of this Constitution;
11) considering and adopting the decision in regard to the approval of the Programme of Activity of the Cabinet of Ministers of Ukraine;
12) giving consent to the appointment of the Prime Minister of Ukraine by the President of Ukraine;
13) exercising control over the activity of the Cabinet of Ministers of Ukraine in accordance with this Constitution;
14) confirming decisions on granting loans and economic aid by Ukraine to foreign states and international organisations and also decisions on Ukraine receiving loans not envisaged by the State Budget of Ukraine from foreign states, banks and international financial organisations, exercising control over their use;
15) appointing or electing to office, dismissing from office, granting consent to the appointment to and the dismissal from office of persons in cases envisaged by this Constitution;
16) appointing to office and dismissing from office the Chairman and other members of the Chamber of Accounting;
17) appointing to office and dismissing from office the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine; hearing his or her annual reports on the situation of the observance and protection of human rights and freedoms in Ukraine;
18) appointing to office and dismissing from office the Chairman of the National Bank of Ukraine on the submission of the President of Ukraine;
19) appointing and dismissing one-half of the composition of the Council of the National Bank of Ukraine;
20) appointing one-half of the composition of the National Council of Ukraine on Television and Radio Broadcasting;
21) appointing to office and terminating the authority of the members of the Central Electoral Commission on the submission of the President of Ukraine;
22) confirming the general structure and numerical strength, and defining the functions of the Armed Forces of Ukraine, the Security Service of Ukraine and other military formations created in accordance with the laws of Ukraine, and also the Ministry of Internal Affairs of Ukraine;
23) approving decisions on providing military assistance to other states, on sending units of the Armed Forces of Ukraine to another state, or on admitting units of armed forces of other states on to the territory of Ukraine;
24) granting consent for the appointment to office and the dismissal from office by the President of Ukraine of the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine and the Chairman of the State 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 that has the result of his or her resignation from office;
26) appointing one-third of the composition of the Constitutional Court of Ukraine;
27) electing judges for permanent terms;
28) terminating prior to the expiration of the term of authority of the Verkhovna Rada of the Autonomous Republic of Crimea, based on the opinion of the Constitutional Court of Ukraine that the Constitution of Ukraine or the laws of Ukraine have been violated by the Verkhovna Rada of the Autonomous Republic of Crimea; designating special elections to the Verkhovna Rada of the Autonomous Republic of Crimea;
29) establishing and abolishing districts, establishing and altering the boundaries of districts and cities, assigning inhabited localities to the category of cities, naming and renaming inhabited localities and districts;
30) designating regular and special elections to bodies of local self-government;
31) confirming, within two days from the moment of the address by the President of Ukraine, decrees on the introduction of martial law or of a state of emergency in Ukraine or in its particular areas, on total or partial mobilisation, and on the announcement of particular areas as zones of an ecological emergency situation;
32) granting consent to the binding character of international treaties of Ukraine within the term established by law, and denouncing international treaties of Ukraine;
33) exercising parliamentary control within the limits determined by this Constitution;
34) adopting decisions on forwarding an inquiry to the President of Ukraine on the demand of a National Deputy of Ukraine, a group of National Deputies or a Committee of the Verkhovna Rada of Ukraine, previously supported by no less than one-third of the constitutional composition of the Verkhovna Rada of Ukraine;
35) appointing to office and dismissing from office the Head of Staff of the Verkhovna Rada of Ukraine; approving the budget of the Verkhovna Rada of Ukraine and the structure of its staff;
36) confirming the list of objects of the right of state property that are not subject to privatisation; determining the legal principles for the expropriation of objects of the right of private property.
The Verkhovna Rada of Ukraine exercises other powers ascribed to its competence in accordance with the Constitution of Ukraine.
Chief officers of bodies of state power and bodies of local self-government, chief executives of enterprises, institutions and organisations are obliged to notify a National Deputy of Ukraine of the results of the consideration of his or her inquiry.
The issue of responsibility of the Cabinet of Ministers of Ukraine shall not be considered by the Verkhovna Rada of Ukraine more than once during one regular session, and also within one year after the approval of the Programme of Activity of the Cabinet of Ministers of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine:
1) presides at meetings of the Verkhovna Rada of Ukraine;
2) organises the preparation of issues for consideration at the meetings of the Verkhovna Rada of Ukraine;
3) signs acts adopted by the Verkhovna Rada of Ukraine;
4) represents the Verkhovna Rada of Ukraine in relations with other bodies of state power of Ukraine and with the bodies of power of other states;
5) organises the work of the staff of the Verkhovna Rada of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine exercises authority envisaged by this Constitution, by the procedure established by law on the Rules of Procedure of the Verkhovna Rada of Ukraine.
The Committees of the Verkhovna Rada of Ukraine perform the work of legislative drafting, prepare and conduct the preliminary consideration of issues ascribed to the authority of the Verkhovna Rada of Ukraine.
The Verkhovna Rada of Ukraine, within the limits of its authority, may establish temporary special commissions for the preparation and the preliminary consideration of issues.
To investigate issues of public interest, the Verkhovna Rada of Ukraine establishes temporary investigatory commissions, if no less than one-third of the constitutional composition of the Verkhovna Rada of Ukraine has voted in favour thereof.
The conclusions and proposals of temporary investigatory commissions are not decisive for investigation and court.
The organisation and operational procedure of Committees of the Verkhovna Rada of Ukraine, and also its temporary special and temporary investigatory commissions, are established by law.
The President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of term, if within thirty days of a single regular session the plenary meetings fail to commence.
The authority of the Verkhovna Rada of Ukraine, that is elected at special elections conducted after the pre-term termination by the President of Ukraine of authority of the Verkhovna Rada of Ukraine of the previous convocation, shall not be terminate d within one year from the day of its election.
The authority of the Verkhovna Rada of Ukraine shall not be terminated prior to the expiration of term within the last six months of the term of authority of the President of Ukraine.
1) human and citizens’ rights and freedoms, the guarantees of these rights and freedoms; the main duties of the citizen;
2) citizenship, the legal personality of citizens, the status of foreigners and stateless persons;
3) the rights of indigenous peoples and national minorities;
4) the procedure for the use of languages;
5) the principles of the use of natural resources, the exclusive (maritime) economic zone and the continental shelf, the exploration of outer space, the organisation and operation of power supply systems, transportation and communications;
6) the fundamentals of social protection, the forms and types of pension provision; the principles of the regulation of labour and employment, marriage, family, the protection of childhood, motherhood and fatherhood; upbringing, education, culture and health care; ecological safety;
7) the legal regime of property;
8) the legal principles and guarantees of entrepreneurship; the rules of competition and the norms of antimonopoly regulation;
9) the principles of foreign relations, foreign economic activity and customs;
10) the principles of the regulation of demographic and migration processes;
11) the principles of the establishment and activity of political parties, other associations of citizens, and the mass media;
12) the organisation and activity of bodies of executive power, the fundamentals of civil service, the organisation of state statistics and informatics;
13) the territorial structure of Ukraine;
14) the judicial system, judicial proceedings, the status of judges, the principles of judicial expertise, the organisation and operation of the procuracy, the bodies of inquiry and investigation, the notary, the bodies and institutions for the execution of punishments; the fundamentals of the organisation and activity of the advocacy;
15) the principles of local self-government;
16) the status of the capital of Ukraine; the special status of other cities;
17) the fundamentals of national security, the organisation of the Armed Forces of Ukraine and ensuring public order;
18) the legal regime of the state border;
19) the legal regime of martial law and a state of emergency, zones of an ecological emergency situation;
20) the organisation and procedure for conducting elections and referendums;
21) the organisation and operational procedure of the Verkhovna Rada of Ukraine, the status of National Deputies of Ukraine;
22) the principles of civil legal liability; acts that are crimes, administrative or disciplinary offences, and liability for them.
The following are established exclusively by the laws of Ukraine:
1) the State Budget of Ukraine and the budgetary system of Ukraine; the system of taxation, taxes and levies; the principles of the formation and operation of financial, monetary, credit and investment markets; the status of the national currency and also the status of foreign currencies on the territory of Ukraine; the procedure for the formation and payment of state domestic and foreign debt; the procedure for the issuance and circulation of state securities, their types and forms;
2) the procedure for deploying units of the Armed Forces of Ukraine to other states; the procedure for admitting and the terms for stationing units of armed forces of other states on the territory of Ukraine;
3) units of weight, measure and time; the procedure for establishing state standards;
4) the procedure for the use and protection of state symbols;
5) state awards;
6) military ranks, diplomatic and other special ranks;
7) state holidays;
8) the procedure for the establishment and functioning of free and other special zones that have an economic and migration regime different from the general regime.
Amnesty is declared by the law of Ukraine.
Draft laws defined by the President of Ukraine as not postponable, are considered out of turn by 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 with substantiated and formulated proposals for repeat consideration.
In the event that the President of Ukraine has not returned a law for repeat consideration within the established term, the law is deemed to be approved by the President of Ukraine and shall be signed and officially promulgated.
If a law, during its repeat consideration, is again adopted by the Verkhovna Rada of Ukraine by no less than two-thirds of its constitutional composition, the President of Ukraine is obliged to sign and to officially promulgate it within ten days.
A law enters into force in ten days from the day of its official promulgation, unless otherwise envisaged by the law itself, but not prior to the day of its publication.
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.
The Cabinet of Ministers of Ukraine submits the draft law on the State Budget of Ukraine for the following year to the Verkhovna Rada of Ukraine no later than on 15 September of each year. The report on the course of the implementation of the State Budget of Ukraine in the current year is submitted together with the draft law.
The submitted report shall be made public.
To ensure the stability of the monetary unit is the major function of the central bank of the State – the National Bank of Ukraine.
The legal status of the Council of the National Bank of Ukraine is determined by law.
Chapter V
President of Ukraine
The President of Ukraine is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens’ rights and freedoms.
A citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the state language, may be elected as the President of Ukraine.
One and the same person shall not be the President of Ukraine for more than two consecutive terms.
The President of Ukraine shall not have another representative mandate, hold office in bodies of state power or in associations of citizens, and also perform any other paid or entrepreneurial activity, or be a member of an administrative body or board of supervisors of an enterprise that is aimed at making profit.
Regular elections of the President of Ukraine are held on the last Sunday of October of the fifth year of the term of authority of the President of Ukraine. In the event of pre-term termination of authority of the President of Ukraine, elections of t he President of Ukraine are held within ninety days from the day of termination of the authority.
The procedure for conducting elections of the President of Ukraine is established by law.
The President of Ukraine takes the following oath:
“I, (name and surname), elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in the interests of all compatriots, and t o enhance the prestige of Ukraine in the world.”
The President of Ukraine, elected by special elections, takes the oath within five days after the official announcement of the election results.
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.
1) ensures state independence, national security and the legal succession of the state;
2) addresses the people with messages and the Verkhovna Rada of Ukraine with annual and special messages on the domestic and foreign situation of Ukraine;
3) represents the state in international relations, administers the foreign political activity of the State, conducts negotiations and concludes international treaties of Ukraine;
4) adopts decisions on the recognition of foreign states;
5) appoints and dismisses heads of diplomatic missions of Ukraine to other states and to international organisations; accepts credentials and letters of recall of diplomatic representatives of foreign states;
6) designates an All-Ukrainian referendum regarding amendments to the Constitution of Ukraine in accordance with Article 156 of this Constitution, proclaims an All-Ukrainian referendum on popular initiative;
7) designates special elections to the Verkhovna Rada of Ukraine within the terms established by this Constitution;
8) terminates the authority of the Verkhovna Rada of Ukraine, if the plenary meetings fail to commence within thirty days of one regular session;
9) appoints the Prime Minister of Ukraine with the consent of the Verkhovna Rada of Ukraine; terminates the authority of the Prime Minister of Ukraine and adopts a decision on his or her resignation;
10) appoints, on the submission of the Prime Minister of Ukraine, members of the Cabinet of Ministers of Ukraine, chief officers of other central bodies of executive power, and also the heads of local state administrations, and terminates their authority in these positions;
11) appoints the Procurator General of Ukraine to office with the consent of the Verkhovna Rada of Ukraine, and dismisses him or her from office;
12) appoints one-half of the composition of the Council of the National Bank of Ukraine;
13) appoints one-half of the composition of the National Council of Ukraine on Television and Radio Broadcasting;
14) appoints to office and dismisses from office, with the consent of the Verkhovna Rada of Ukraine, the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine and the Chairman of the State Committee on Television and Radio Broadcasting of Ukraine;
15) establishes, reorganises and liquidates, on the submission of the Prime Minister of Ukraine, ministries and other central bodies of executive power, acting within the limits of funding envisaged for the maintenance of bodies of executive power;
16) revokes acts of the Cabinet of Ministers of Ukraine and acts of the Council of Ministers of the Autonomous Republic of Crimea;
17) is the Commander-in-Chief of the Armed Forces of Ukraine; appoints to office and dismisses from office the high command of the Armed Forces of Ukraine and other military formations; administers in the spheres of national security and defence of th e State;
18) heads the Council of National Security and Defence of Ukraine;
19) forwards the submission to the Verkhovna Rada of Ukraine on the declaration of a state of war, and adopts the decision on the use of the Armed Forces in the event of armed aggression against Ukraine;
20) adopts a decision in accordance with the law on the general or partial mobilisation and the introduction of martial law in Ukraine or in its particular areas, in the event of a threat of aggression, danger to the state independence of Ukraine;
21) adopts a decision, in the event of necessity, on the introduction of a state of emergency in Ukraine or in its particular areas, and also in the event of necessity, declares certain areas of Ukraine as zones of an ecological emergency situation – with subsequent confirmation of these decisions by the Verkhovna Rada of Ukraine;
22) appoints one-third of the composition to the Constitutional Court of Ukraine;
23) establishes courts by the procedure determined by law;
24) confers high military ranks, high diplomatic and other high special ranks and class orders;
25) confers state awards; establishes presidential distinctions and confers them;
26) adopts decisions on the acceptance for citizenship of Ukraine and the termination of citizenship of Ukraine, and on the granting of asylum in Ukraine;
27) grants pardons;
28) creates, within the limits of the funds envisaged in the State Budget of Ukraine, consultative, advisory and other subsidiary bodies and services for the exercise of his or her authority;
29) signs laws adopted by the Verkhovna Rada of Ukraine;
30) has the right to veto laws adopted by the Verkhovna Rada of Ukraine with their subsequent return for repeat consideration by the Verkhovna Rada of Ukraine;
31) exercises other powers determined by the Constitution of Ukraine.
The President of Ukraine shall not transfer his or her powers to other persons or bodies.
The President of Ukraine, on the basis and for the execution of the Constitution and the laws of Ukraine, issues decrees and directives that are mandatory for execution on the territory of Ukraine.
Acts of the President of Ukraine, issued within the limits of authority as envisaged in subparagraphs 3, 4, 5, 8, 10, 14, 15, 17, 18, 21, 22, 23 and 24 of this Article, are co-signed by the Prime Minister of Ukraine and the Minister responsible for th e act and its execution.
The Council of National Security and Defence of Ukraine co-ordinates and controls the activity of bodies of executive power in the sphere of national security and defence.
The President of Ukraine is the Chairman of the Council of National Security and Defence of Ukraine.
The President of Ukraine forms the personal composition of the Council of National Security and Defence of Ukraine.
The Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Head of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine and the Minister of Foreign Affairs of Ukraine, are ex officio members of the Council of Nation al Security and Defence of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine may take part in the meetings of the Council of National Security and Defence of Ukraine.
Decisions of the Council of National Security and Defence of Ukraine are put into effect by decrees of the President of Ukraine.
The competence and functions of the Council of National Security and Defence of Ukraine are determined by law.
Повноваження Президента України припиняються достроково у разі:
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.
The issue of the removal of the President of Ukraine from office by the procedure of impeachment is initiated by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.
To conduct the investigation, the Verkhovna Rada of Ukraine establishes a special temporary investigatory commission whose composition includes a special procurator and special investigators.
The conclusions and proposals of the temporary investigatory commission are considered at a meeting of the Verkhovna Rada of Ukraine.
For cause, the Verkhovna Rada of Ukraine, by no less than two-thirds of its constitutional composition, adopts a decision on the accusation of the President of Ukraine.
The decision on the removal of the President of Ukraine from office by the procedure of impeachment is adopted by the Verkhovna Rada of Ukraine by no less than three-quarters of its constitutional composition, after the review of the case by the 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.
Chapter VI
Cabinet of Ministers of Ukraine. Other Bodies of Executive Power
The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and is under the control of and accountable to the Verkhovna Rada of Ukraine within the limits envisaged in Articles 85 and 87 of the Constitution of Ukraine.
The Cabinet of Ministers of Ukraine is guided in its activity by the Constitution and the laws of Ukraine and by the acts of the President of Ukraine.
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.
The Prime Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine, have the right to announce their resignation to the President of Ukraine.
The resignation of the Prime Minister of Ukraine results in the resignation of the entire Cabinet of Ministers of Ukraine.
The adoption of a resolution of no confidence in the Cabinet of Ministers of Ukraine by the Verkhovna Rada of Ukraine results in the resignation of the Cabinet of Ministers of Ukraine.
The Cabinet of Ministers, whose resignation is accepted by the President of Ukraine, continues to exercise its powers by commission of the President, until a newly-formed Cabinet of Ministers of Ukraine commences its operation, but no longer than for sixty days.
The Prime Minister of Ukraine is obliged to submit a statement of resignation of the Cabinet of Ministers of Ukraine to the President of Ukraine following a decision by the President of Ukraine or in connection with the adoption of the resolution of n o confidence by the Verkhovna Rada of Ukraine.
1) ensures the state sovereignty and economic independence of Ukraine, the implementation of domestic and foreign policy of the State, the execution of the Constitution and the laws of Ukraine, and the acts of the President of Ukraine;
2) takes measures to ensure human and citizens’ rights and freedoms;
3) ensures the implementation of financial, pricing, investment and taxation policy; the policy in the spheres of labour and employment of the population, social security, education, science and culture, environmental protection, ecological safety and the utilisation of nature;
4) elaborates and implements national programmes of economic, scientific and technical, and social and cultural development of Ukraine;
5) ensures equal conditions of development of all forms of ownership; administers the management of objects of state property in accordance with the law;
6) elaborates the draft law on the State Budget of Ukraine and ensures the implementation of the State Budget of Ukraine approved by the Verkhovna Rada of Ukraine, and submits a report on its implementation to the Verkhovna Rada of Ukraine;
7) takes measures to ensure the defence capability and national security of Ukraine, public order and to combat crime;
8) organises and ensures the implementation of the foreign economic activity of Ukraine, and the operation of customs;
9) directs and co-ordinates the operation of ministries and other bodies of executive power;
10) performs other functions determined by the Constitution and the laws of Ukraine, and the acts of the President of Ukraine.
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.
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, may be revoked by the President of Ukraine or by the head of the local state administration of a higher level, in accordance with the law.
An oblast or district council may express no confidence in the head of the respective local state administration, on which grounds the President of Ukraine adopts a decision and provides a substantiated reply.
If two-thirds of the deputies of the composition of the respective council express no confidence in the head of a district or oblast state administration, the President of Ukraine adopts a decision on the resignation of the head of the local state administration.
1) the execution of the Constitution and the laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine and other bodies of executive power;
2) legality and legal order; the observance of laws and freedoms of citizens;
3) the implementation of national and regional programmes for socio-economic and cultural development, programmes for environmental protection, and also – in places of compact residence of indigenous peoples and national minorities – programmes for their national and cultural development;
4) the preparation and implementation of respective oblast and district budgets;
5) the report on the implementation of respective budgets and programmes;
6) interaction with bodies of local self-government;
7) the realisation of other powers vested by the state and also delegated by the respective councils.
The organisation, authority and operational procedure of the Cabinet of Ministers of Ukraine, and other central and local bodies of executive power, are determined by the Constitution and the laws of Ukraine.
Chapter VII
Procuracy
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.
The term of authority of the Procurator General of Ukraine is five years.
Chapter VIII
Justice
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.
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.
Influencing judges in any manner is prohibited.
A judge shall not be detained or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is rendered by a court.
Judges hold office for permanent terms, except judges of the Constitutional Court of Ukraine, and judges appointed to the office of judge for the first time.
A judge is dismissed from office by the body that elected or appointed him or her in the event of:
1) the expiration of the term for which he or she was elected or appointed;
2) the judge’s attainment of the age of sixty-five;
3) the impossibility to exercise his or her authority for reasons of health;
4) the violation by the judge of requirements concerning incompatibility;
5) the breach of oath by the judge;
6) the entry into legal force of a verdict of guilty against him or her;
7) the termination of his or her citizenship;
8) the declaration that he or she is missing, or the pronouncement that he or she is dead;
9) the submission by the judge of a statement of resignation or of voluntary dismissal from office.
The authority of the judge terminates in the event of his or her death.
The State ensures the personal security of judges and their families.
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.
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.
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.
Judges’ self-management operates to resolve issues of the internal affairs of courts.
1) forwarding submissions on the appointment of judges to office or on their dismissal from office;
2) adopting decisions in regard to the violation by judges and procurators of the requirements concerning incompatibility;
3) exercising disciplinary procedure in regard to judges of the Supreme Court of Ukraine and judges of high specialised courts, and the consideration of complaints regarding decisions on bringing to disciplinary liability judges of courts of appeal an d local courts, and also procurators.
The High Council of Justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, and the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions, each appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Procuracy – two members of the High Council of Justice.
The Chairman of the Supreme Court of Ukraine, the Minister of Justice of Ukraine and the Procurator General of Ukraine are ex officio members of the High Council of Justice.
Chapter IX
Territorial Structure of Ukraine
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 Ob last, Lviv Oblast, Mykolaiv Oblast, Odesa Oblast, Poltava Oblast, Rivne Oblast, Sumy Oblast, Ternopil Oblast, Kharkiv Oblast, Kherson Oblast, Khmelnytskyi Oblast, Cherkasy Oblast, Chernivtsi Oblast and Chernihiv Oblast, and the Cities of Kyiv and Sevastop ol.
The Cities of Kyiv and Sevastopol have special status that is determined by the laws of Ukraine
Chapter X
Autonomous Republic of Crimea
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.
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.
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.
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.
Chapter XI
Local Self-Government
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.
Territorial communities elect for a four-year-term on the basis of universal, equal and direct suffrage, by secret ballot, the head of the village, settlement and city, respectively, who leads the executive body of the council and presides at its meetings.
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.
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.
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.
Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court.
Chapter XII
Constitutional Court of 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.
The President of Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each appoint six judges to the Constitutional Court of Ukraine.
A citizen of Ukraine who has attained the age of forty on the day of appointment, has a higher legal education and professional experience of no less than ten years, has resided in Ukraine for the last twenty years, and has command of the state language, may be a judge of the Constitutional Court of Ukraine.
A judge of the Constitutional Court of Ukraine is appointed for nine years without the right of appointment to a repeat term.
The Chairman of the Constitutional Court of Ukraine is elected by secret ballot only for one three-year term at a special plenary meeting of the Constitutional Court of Ukraine from among the judges of the Constitutional Court of Ukraine.
1) deciding on issues of conformity with the Constitution of Ukraine (constitutionality) of the following:
laws and other legal acts of the Verkhovna Rada of Ukraine;
acts of the President of Ukraine;
acts of the Cabinet of Ministers of Ukraine;
legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.
These issues are considered on the appeals of: the President of Ukraine; no less than forty-five National Deputies of Ukraine; the Supreme Court of Ukraine; the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine; the Verkhovna Rada of the Autonomous Republic of Crimea;
2) the official interpretation of the Constitution of Ukraine and the laws of Ukraine;
On issues envisaged by this Article, the Constitutional Court of Ukraine adopts decisions that are mandatory for execution throughout the territory of Ukraine, that are final and shall not be appealed.
On the appeal of the Verkhovna Rada of Ukraine, the Constitutional Court of Ukraine provides an opinion on the observance of the constitutional procedure of investigation and consideration of the case of removing the President of Ukraine from office by the procedure of impeachment.
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.
Chapter XIII
Introducing Amendments to the Constitution of Ukraine
The repeat submission of a draft law on introducing amendments to Chapters I, III and XIII of this Constitution on one and the same issue is possible only to the Verkhovna Rada of Ukraine of the next convocation.
The Constitution of Ukraine shall not be amended in conditions of martial law or a state of emergency.
Within the term of its authority, the Verkhovna Rada of Ukraine shall not amend twice the same provisions of the Constitution.
Chapter XIV
Final Provisions
Chapter I
General Principles
Chapter II
Human and Citizens’ Rights, Freedoms and Duties
Chapter III
Elections. Referendum
Chapter IV
Verkhovna Rada of Ukraine
Chapter V
President of Ukraine
Chapter VI
Cabinet of Ministers of Ukraine. Other Bodies of Executive Power
Chapter VII
Procuracy
Chapter VIII
Justice
Chapter IХ
Territorial Structure of Ukraine
Chapter Х
Autonomous Republic of Crimea
Chapter ХI
Local Self-Government
Chapter ХII
Constitutional Court of Ukraine
Chapter ХIII
Introducing Amendments to the Constitution of Ukraine
Chapter XIV
Final Provisions