CONSTITUTION OF UKRAINE
(Bulletin of the Verkhovna Rada of Ukraine (Birth Defects), 1996, № 30, Article. 141)
{With changes, amended according to Laws
№ 2222-IV of 08.12.2004 , Birth Defects, 2005, № 2, Article 44
№ 2952-VI of 01.02.2011 , Birth Defects, 2011, № 10, Article 68
№ 586-VII of 19.09.2013 , Birth Defects, 2014, № 11, st.142
№ 742-VII of 21.02.2014 , Birth Defects, 2014, № 11, st.143
№ 1401-VIII от 02.06.2016 , Birth Defects, 2016, № 28, st.532
№ 2680-VIII от 07.02.2019 }
{The Law of Ukraine № 2222-IV of 08.12.2004 found inconsistent with the Constitution of Ukraine (unconstitutional), according to the decision of the Constitutional Court of Ukraine Number 20-rp / 2010 from 30.09.2010 in connection with the violation of the constitutional procedure of its consideration and adoption}
{The provisions of the Constitution of Ukraine, adopted at the fifth session of the Verkhovna Rada of Ukraine 28 June 1996 of the year, with changes and additions, amended by the laws of Ukraine № 2222-IV of 08.12.2004 , № 2952-VI of 01.02.2011 , № 586-VII of 19.09.2013 , recognized as operating in the territory of Ukraine Resolution of the Verkhovna Rada of Ukraine № 750-VII in 22.02.2014 }
{The official interpretation of the Constitution refer to. in the decisions of the Constitutional Court
№ sn-1 from 13.05.97
№ from 4-sn 03.10.97
№ 6-sn of 25.11.97
№ of 9-sn 25.12.97
№ 8-rp / 98 from 09.06.98
Number 11-rp / 98 from 07.07.98
Number 1-pn / 99 from 09.02.99
№ 4-rp / 99 from 19.05.99
Number 7 rp / 99 from 06.07.99
Number 9-rp / 99 from 27.10.99
Number 10-rp / 99 from 14.12.99
№ 4-rp / 2000 from 11.04.2000
Number 6-rp / 2000 from 19.04.2000
Number 13-rp / 2000 from 16.11.2000
Number 15-rp / 2000 from 14.12.2000
Number 2 rp / 2001 from 28.03.2001
№ 4-rp / 2001 from 19.04.2001
Number 5-rp / 2001 from 17.05.2001
Number 7 rp / 2001 from 30.05.2001
Number 11-rp / 2001 from 13.07.2001
Number 14-rp / 2001 from 16.10.2001
№ 4-rp / 2002 from 20.03.2002
Number 7 rp / 2002 from 27.03.2002
№ 8-rp / 2002 from 07.05.2002
Number 10-rp / 2002 from 29.05.2002
Number 12-rp / 2002 from 18.06.2002
Number 15-rp / 2002 from 09.07.2002
Number 16-rp / 2002 from 17.10.2002
Number 17-rp / 2002 from 17.10.2002
Number 2 rp / 2003 from 28.01.2003
Number 5-rp / 2003 from 05.03.2003
Number 12-rp / 2003 from 26.06.2003
Number 16-rp / 2003 from 14.10.2003
Number 19-rp / 2003 from 10.12.2003
Number 21-rp / 2003 from 25.12.2003
Number 22-rp / 2003 from 25.12.2003
Number 5-rp / 2004 from 04.03.2004
Number 11-rp / 2004 from 19.05.2004
Number 19-rp / 2004 from 01.12.2004
Number 6-rp / 2005 from 05.10.2005
Number 9-rp / 2005 from 13.10.2005
Number 7 rp / 2007 from 09.10.2007
Number 11-rp / 2007 from 11.12.2007
Number 12-rp / 2007 from 11.12.2007
Number 5-rp / 2008 from 02.04.2008
Number 6-rp / 2008 from 16.04.2008
Number 12-rp / 2008 from 25.06.2008
Number 16-rp / 2008 from 17.09.2008
Number 23-rp / 2008 from 15.10.2008
Number 26-rp / 2008 from 27.11.2008
Number 6-rp / 2009 from 26.02.2009
Number 7 rp / 2009 from 16.04.2009
№ 8-rp / 2009 from 28.04.2009
Number 23-rp / 2009 from 30.09.2009
Number 7 rp / 2010 from 11.03.2010
№ 8-rp / 2010 from 11.03.2010
Number 10-rp / 2010 from 01.04.2010
Number 11-rp / 2010 from 06.04.2010
Number 12-rp / 2011 from 20.10.2011
Number 16-rp / 2011 from 08.12.2011
Number 19-rp / 2011 from 14.12.2011
Number 2 rp / 2012 from 20.01.2012
№ 3-rp / 2012 from 25.01.2012
Number 9-rp / 2012 from 12.04.2012
Number 2 rp / 2013 from 29.05.2013
№ 4-rp / 2013 from 12.06.2013
Number 5-rp / 2014 from 15.05.2014
Number 1-pn / 2016 from 15.03.2016 }
Verkhovna Rada of Ukraine on behalf of the Ukrainian people – Citizens of all nationalities,
expressing the sovereign will of the people,
based on the centuries-old history of Ukrainian state-building and the implementation Ukrainian nation, all Ukrainian people's right to self-determination,
worrying about ensuring human rights and freedoms and dignity of his life,
caring for the strengthening of civil harmony on Ukrainian land, and affirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine,
{Fifth paragraph of the preamble to the changes, amended according to the Law № 2680-VIII от 07.02.2019 }
seeking to develop and strengthen democratic, social, constitutional state,
realizing the responsibility before God, own conscience, previous, present and future generations,
guided Act of Independence of Ukraine from 24 August 1991 , approved 1 December 1991 by popular vote,
adopts the present Constitution – Basic Law of Ukraine.
section I
GENERAL PROVISIONS
Article 1. Ukraine is a sovereign and independent, democratic, social, constitutional state.
{The official interpretation of the provisions of Article 1 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
Article 2. The sovereignty of Ukraine extends throughout its territory.
Ukraine is a unitary state.
The territory of Ukraine within its present borders is whole and inviolate.
Article 3. Person, his life and health, honour and dignity, inviolability and security are recognized in Ukraine as the highest social value.
Human rights and freedoms and their guarantees determine the essence and direction of the state's activity. The state is responsible to the individual for its activity. To affirm and ensure human rights and freedoms is the main duty of the state.
Article 4. In Ukraine there is a single citizenship. acquisition of base and termination of citizenship of Ukraine are determined by law.
Article 5. Ukraine is a republic.
The bearer of sovereignty and the only source of power in Ukraine is the people. The people exercise power directly and through bodies of state power and local self-government.
{The official interpretation of the provisions of the second paragraph of Article 5 cm. in the decisions of the Constitutional Court Number 6-rp / 2005 from 05.10.2005 , Number 6-rp / 2008 from 16.04.2008 }
The right belongs exclusively to determine and change the constitutional order in Ukraine people and can not be usurped by the state, its organs or officials.
{The official interpretation of the provisions of the third paragraph of Article 5 cm. in the decisions of the Constitutional Court Number 6-rp / 2005 from 05.10.2005 , Number 6-rp / 2008 from 16.04.2008 }
No one shall usurp state power.
{The official interpretation of the provisions of part four of Article 5 cm. in Constitutional Court Decision Number 6-rp / 2005 from 05.10.2005 }
Article 6. State power is exercised on the principle of its division in Ukraine into legislative, executive and judicial.
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. Ukraine recognizes and guarantees local self-government.
Article 8. Ukraine is recognized and the principle of the rule of law.
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.
Provisions of the Constitution of Ukraine are norms of direct action. Going to court to protect the constitutional rights and freedoms of man and citizen directly on the basis of the Constitution of Ukraine are guaranteed.
Article 9. International treaties, consent to be bound by the Verkhovna Rada of Ukraine, They are part of the national legislation of Ukraine.
Conclusion of international agreements, contrary to the Constitution of Ukraine, possible only after making appropriate changes to the Constitution of Ukraine.
Article 10. The state language in Ukraine is Ukrainian.
{The official interpretation of the first article 10 cm. in Constitutional Court Decision Number 10-rp / 99 from 14.12.99 }
The state provides comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout Ukraine.
In Ukraine, the free development, use and protection of Russian, other languages of national minorities in Ukraine.
The state promotes the study of languages of international communication.
The use of languages in Ukraine is guaranteed by the Constitution and defined by law in Ukraine.
Article 11. The State promotes the consolidation and development of the Ukrainian nation, its historical consciousness, traditions and culture, as well as the development of the ethnic, the cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine.
Article 12. Ukraine cares about the satisfaction of national and cultural and linguistic needs of Ukrainian, living outside the state.
Article 13. Land, its subsoil, free air, water and other natural resources, located within the territory of Ukraine, natural resources of its continental shelf, exclusive (nautical) economic zone are objects of property rights of the Ukrainian people. On behalf of the Ukrainian people, the owner's rights are exercised by bodies of state power and local self-government bodies within, determined by this Constitution.
Every citizen has the right to use the natural objects of the ownership right of the people according to the law.
The property requires. The property must not be used to the detriment of man and society.
The state protects the rights of all subjects of ownership and management, social orientation of the economy. All subjects of property rights equal before the law.
Article 14. Land is the fundamental national wealth, We are under special state protection.
Ownership of land is guaranteed. This right shall be acquired and implemented by citizens, legal entities and the State only in accordance with the law.
Article 15. Social life in Ukraine is based on the principles of political, economic and ideological diversity.
No ideology can be recognized by the State as mandatory.
censorship is prohibited.
The State guarantees the freedom of political activity, not prohibited by the Constitution and laws of Ukraine.
Article 16. Ensuring ecological security and maintaining ecological balance on the territory of Ukraine, overcoming the consequences of the Chernobyl disaster – disaster on a planetary scale, the preservation of the gene pool of the Ukrainian people is the responsibility of the State.
Article 17. Protection of sovereignty and territorial integrity of Ukraine, ensure its economic and informational security are the most important functions of the state, concern of the whole Ukrainian nation.
Ukrainian defense, protection of its sovereignty, territorial integrity and inviolability, are entrusted to the Armed Forces of Ukraine.
Ensuring public safety and protection of the state border of Ukraine assigned to the relevant military units and law enforcement agencies of the state, organization and procedure of which are determined by law.
Armed Forces of Ukraine and other military formations of anybody can not be used to limit the rights and freedoms of citizens or for the purpose of overthrowing the constitutional order, eliminating government or obstruct their activity.
The state ensures social protection of Ukrainian citizens, serving in the Armed Forces of Ukraine and other military formations, as well as members of their families.
On the territory of Ukraine prohibits the establishment and operation of any armed formations, not provided for by law.
On the territory of Ukraine is not allowed the stationing of foreign military bases.
Article 18. The foreign political activity of Ukraine is aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial cooperation with the international community on the basis of universally recognized principles and norms of international law.
Article 19. The legal order in Ukraine is based on principles, according to which no one can be forced to do what, that is not provided by the legislation.
State authorities and local self-government, their officials are obliged to act only on the basis of, within the powers and way, envisaged by the Constitution and laws of Ukraine.
{The official interpretation of the provisions of the second paragraph of Article 19 cm. Decision of the Constitutional Court of Ukraine Number 7 rp / 2009 from 16.04.2009 }
Article 20. The state symbols of Ukraine are the State Flag of Ukraine, State Emblem of Ukraine and the State Anthem of Ukraine.
State Flag of Ukraine – banner of two equal horizontal bands of blue and yellow colors.
Great State Emblem of Ukraine is set taking into account the small State Emblem of Ukraine and the Coat of Arms of the Zaporozhian Host, adopted by no less than two thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The main element of the Great State Emblem of Ukraine is the Symbol of the Princely State of Volodymyr the Great (the small State Emblem of Ukraine).
State Anthem of Ukraine – national anthem to the music of M. According to co Verbytskoho, approved the law, adopted by no less than two thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
Description of the state symbols of Ukraine and the procedure for their use shall be established by law, adopted by no less than two thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The capital of Ukraine is Kyiv city.
section II
RIGHTS, FREEDOMS AND DUTIES OF MAN AND CITIZEN
Article 21. All people are free and equal in dignity and rights. Human rights and freedoms are inalienable and inviolable.
Article 22. The rights and freedoms of man and citizen, enshrined in this Constitution, They are not exhaustive.
Constitutional rights and freedoms are guaranteed and can not be undone.
The adoption of new laws or amending existing laws are not allowed narrowing of the content and scope of existing rights and freedoms.
Article 23. Everyone has the right to the free development of his personality, if it does not violate the rights and freedoms of others, and has duties to the community, which will ensure the free and full development of his personality.
Article 24. Citizens have equal constitutional rights and freedoms and are equal before the law.
There can be no privileges or restrictions on grounds of race, color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, linguistic or other traits.
Equal rights for women and men is ensured: providing women equal opportunities with men in the social, political and cultural activities, in education and training, in work and remuneration for it; special measures for the protection of labor and women's health, pension benefits; creation of conditions, that enable women to combine work with motherhood; legal protection, material and moral support of motherhood and childhood, including paid leave and other benefits for pregnant women and mothers.
{The official interpretation of the provisions of Article 24 cm. in Constitutional Court Decision Number 9-rp / 2012 from 12.04.2012 }
Article 25. Citizen of Ukraine can not be deprived of citizenship and right to change citizenship.
A citizen of Ukraine may be expelled from Ukraine or extradited to another state.
Ukraine guarantees care and protection to its citizens, located outside.
Article 26. Foreigners and stateless persons, It is in Ukraine on legal grounds, enjoy the same rights and freedoms, and also bear the same duties, as citizens of Ukraine, – exceptions, established by the Constitution, laws or international treaties of Ukraine .
Foreigners and stateless persons may be granted asylum in the order, established by law.
Article 27. Every human being has the inherent right to life.
No one shall be arbitrarily deprived of life. state's duty – protect human life.
Everyone has the right to protect his life and health, life and health of other persons against unlawful encroachments.
Article 28. Everyone has the right to respect for his dignity.
Nobody can be tortured, ill, inhuman or degrading treatment or punishment.
Not a single person without his voluntary consent can not be subjected to medical, scientific or other experiments.
Article 29. Everyone has the right to liberty and security of person.
No one shall be arrested or held in custody other than pursuant to a reasoned court decision and only on grounds and in accordance, statutory.
In the case of urgent necessity to prevent or stop a crime authorized by law authorities may hold a person in custody as a temporary preventive measure, whose validity within seventy-two hours must be verified by the court. The detained person must be released immediately, if within seventy-two hours of detention he was not served with a reasoned court decision on detention.
Anyone who is arrested or detained must be informed without delay of the reasons for his arrest or detention, apprised of his rights and given the opportunity of detention to defend himself and to legal aid counsel.
{Part Four Article 29 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
Everyone detained has the right at any time to challenge their detention in court.
An arrested or detained person must be immediately reported to the relatives of the arrested or detained.
Article 30. Everyone is guaranteed the inviolability of the home.
It prevents the entry into a dwelling or other property of a person, and the examination or search, except by a reasoned decision of the court.
In urgent cases,, associated with the preservation of human life and property or to the direct pursuit of persons, suspects, another possible, statutory, for entry into a dwelling or other property of a person, and the examination and search.
Article 31. Everyone is guaranteed privacy of correspondence, telephone conversations, telegraph and other correspondence. Exceptions can only be set by the court in cases, provided by law, in order to prevent a crime or to find out the truth in the criminal investigation, if another way to get information is not.
Article 32. No one shall be subjected to interference with his privacy, family,, except, stipulated by the Constitution of Ukraine.
{The official interpretation of the provisions of Section 32 cm. in Constitutional Court Decision Number 2 rp / 2012 from 20.01.2012 }
It is not allowed to collect, storage, the use and dissemination of confidential information about a person without his consent, except, determined by law, and only in the interests of national security, economic welfare and human rights.
{The official interpretation of the provisions of the second paragraph of Article 32 cm. in Constitutional Court Decision Number 2 rp / 2012 from 20.01.2012 }
Every citizen has the right to meet in public authorities, local authorities, institutions and organizations with information about yourself, is not a state or other secret protected by law.
Everyone is guaranteed judicial protection of the right to rectify incorrect information about himself and his family members and the right to demand removal of any information, as well as the right to compensation for material and moral damage, caused by collection, storage, the use and dissemination of such false information.
Article 33. To each, who are legally located in Ukraine, guaranteed freedom of movement, free choice of residence, the right to freely leave the territory of Ukraine, excluding restrictions, established by law.
A citizen of Ukraine cannot be deprived of the right to return to Ukraine at any time.
Article 34. Everyone is guaranteed the right to freedom of thought and speech, on the free expression of their views and beliefs.
Everyone has the right to freely collect, keep, use and disseminate information orally, in writing or otherwise – of your choice.
{The official interpretation of the provisions of the second paragraph of Article 34 cm. in Constitutional Court Decision Number 2 rp / 2012 from 20.01.2012 }
The exercise of these rights may be restricted by law in the interests of national security., territorial integrity or public order to prevent unrest or crime, to protect public health, to protect the reputation or rights of others, prevent disclosure, received confidentially, or ensuring the authority and impartiality of justice.
{The official interpretation of the provisions of the third paragraph of Article 34 cm. in Constitutional Court Decision Number 2 rp / 2012 from 20.01.2012 }
Article 35. Everyone has the right to freedom of worldview and religion. This right includes freedom to practice any religion or practice no religion., unhindered to single-handedly or collectively religious cults and ritual ceremonies, conduct religious activities.
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 the protection of the rights and freedoms of others.
Church and religious organizations in Ukraine are separated from the state, and school – from the church. No religion can be recognized by the state as mandatory..
No one may be relieved of his duties to the state or refuse to comply with laws based on religious beliefs. If the performance of military duty is contrary to the religious beliefs of a citizen, fulfillment of this obligation should be replaced by an alternative (non-military) service.
Article 36. Citizens of Ukraine have the right to freedom of association in political parties and public organizations to exercise and protect their rights and freedoms and satisfy political, economic, social, cultural and other interests, excluding restrictions, established by law in the interests of national security and public order, protecting public health or protecting the rights and freedoms of others.
Political parties in Ukraine contribute to the formation and expression of the political will of citizens, run for election. Members of political parties can only be citizens of Ukraine. Restrictions on membership in political parties are established exclusively by this Constitution and the laws of Ukraine.
Citizens have the right to participate in trade unions in order to protect their labor and socio-economic rights and interests. Trade unions are public organizations, bringing together citizens, related by common interests by the nature of their professional activities. Trade unions are created without prior permission based on 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 rights for belonging or not belonging to political parties or public organizations.
All associations of citizens are equal before the law.
Article 37. Creation and activities of political parties and public organizations, program goals or actions aimed at eliminating the independence of Ukraine, violent constitutional change, violation of the sovereignty and territorial integrity of the state, undermining his safety, unlawful seizure of state power, war propaganda, violence, to foment interethnic, racial, religious hatred, encroachment on human rights and freedoms, public health, are forbidden.
Political parties and public organizations cannot have paramilitary groups.
The creation and activity of the organizational structures of political parties in executive and judicial authorities and executive bodies of local self-government is not allowed, military units, as well as in state enterprises, in educational institutions and other institutions and organizations.
The prohibition of the activities of associations of citizens is carried out only in court.
Article 38. Citizens have the right to participate in the management of public affairs, in national and local referenda, freely elect and be elected to state authorities and local governments.
{The official interpretation of the provisions of Section 38 cm. in Constitutional Court Decision Number 7 rp / 99 from 06.07.99 }
Citizens enjoy equal access to public service, as well as serving in local government.
Article 39. Citizens have the right to assemble peacefully, without weapons, hold meetings, rallies, hiking and demonstrations, of which the executive authorities or local authorities are notified in advance.
{The official interpretation of the provisions of Section 39 cm. in Constitutional Court Decision № 4-rp / 2001 from 19.04.2001 }
The restriction regarding the exercise of this right may be established by the court in accordance with the law and only in the interests of national security and public order. – to prevent unrest or crime, to protect public health or protect the rights and freedoms of others.
Article 40. Everyone has the right to submit individual or collective written appeals or to personally apply to public authorities, local government bodies and officials and officials of these bodies, who are required to consider the appeal and give a reasoned answer within the time period established by law.
Article 41. Everyone has the right to own, use and dispose of their property, results of their intellectual, creative activities.
Private property rights are acquired in the manner, defined by law.
Citizens can use state and communal property rights objects in accordance with the law to satisfy their needs.
No one may be unlawfully deprived of ownership. Private property right is indestructible.
Forced alienation of objects of private property rights can be applied only as an exception on the grounds of public necessity, based on and in order, statutory, and subject to advance and complete compensation of their value. Forcible alienation of such facilities with subsequent full reimbursement of their value is allowed only in conditions of martial law or emergency.
Confiscation of property may be applied only by court order in cases, volume and order, statutory.
Use of property cannot harm rights, freedom and dignity of citizens, public interest, to worsen the ecological situation and natural qualities of the earth.
Article 42. Everyone has the right to business, not prohibited by law.
Entrepreneurship of Deputies, officials and officials of state authorities and local governments is limited by law.
The state protects competition in business. No abuse of monopoly position in the market, unlawful restriction of competition and unfair competition. The types and limits of monopoly are determined by law.
The state protects the rights of consumers, exercises control over the quality and safety of products and all types of services and work, promotes the activities of public consumer organizations.
Article 43. Everyone has the right to work., which includes the ability to earn a living by work, which he freely chooses or which he freely agrees.
The state creates conditions for the full exercise by citizens of the right to work, guarantees equal opportunities in choosing a profession and occupation, implements vocational training programs, training and retraining of personnel in accordance with social needs.
The use of forced labor is prohibited.. Military or alternative labor not considered forced labor (non-military) service, as well as work or service, performed by a person by a sentence or other court decision or in accordance with martial law and state of emergency laws.
Everyone has the right to appropriate, safe and healthy working conditions, for salaries not lower than defined by law.
The use of labor of women and minors in work hazardous to their health is prohibited.
Citizens are guaranteed protection against illegal dismissal.
The right to receive timely remuneration for work is protected by law..
Article 44. they, Who works, have the right to strike to protect their economic and social interests.
The exercise of the right to strike is established by law, taking into account the need to ensure national security, health care, rights and freedoms of other people.
No one may be forced to participate or not to participate in a strike..
Prohibition of a strike is possible only on the basis of law.
Article 45. Each, Who works, has the right to rest.
This right is guaranteed by the provision of weekly rest days., as well as paid annual leave, the establishment of a shorter working day for certain professions and industries, reduced night time.
Maximum working hours, minimum duration of rest and paid annual leave, weekends and holidays, as well as other conditions for the exercise of this right are determined by law.
Article 46. Citizens are entitled to social protection, including the right to provide them in case of full, partial or temporary disability, breadwinner, unemployment due to circumstances beyond their control, as well as in old age and in other cases, provided by law.
This right is guaranteed by compulsory state social insurance at the expense of citizens' insurance contributions., enterprises, institutions and organizations, as well as budget and other sources of social security; the creation of a network of government, utilities, private institutions for the care of the disabled.
Pensions, other types of social payments and benefits, being the main source of livelihood, must provide a standard of living not lower than the living wage, statutory.
Article 47. Everyone has the right to housing. The state creates conditions, in which every citizen will have the opportunity to build housing, purchase it or rent it.
citizens, in need of social protection, housing is provided by the state and local authorities free of charge or for a fee affordable for them in accordance with the law.
No one may be forcibly deprived of housing except on the basis of a law by a court decision.
Article 48. Everyone has the right to an adequate standard of living for himself and his family, including adequate nutrition, clothes, housing.
Article 49. Everyone has the right to health, medical care and health insurance.
Health protection is provided by public funding of the relevant socio-economic, health and wellness programs.
The state creates conditions for effective and affordable medical care for all citizens. State and municipal health care facilities provide free medical care; the existing network of such institutions cannot be reduced. The state promotes the development of medical institutions of all forms of ownership.
{The official interpretation of the provisions of the third paragraph of Article 49 cm. in Constitutional Court Decision Number 10-rp / 2002 from 29.05.2002 }
The state takes care of the development of physical culture and sports, provides sanitary and epidemiological well-being.
Article 50. Everyone has the right to a safe environment for life and health and to compensation for harm caused by the violation of this right..
Everyone is guaranteed the right of free access to environmental information, about the quality of food and household items, as well as the right to distribute it. Such information cannot be classified by anyone..
Article 51. Marriage is based on the voluntary consent of a woman and a man. Each spouse has equal rights and obligations in marriage and family.
Parents are required to support children until they are of legal age.. Adult children are required to take care of their disabled parents.
Family, childhood, motherhood and fatherhood are protected by the state.
Article 52. Children are equal in rights regardless of origin, as well as from, they are born in marriage or out of it.
Any abuse and exploitation of a child is punishable by law..
Maintenance and education of orphans and children, deprived of parental care, assigned to the state. The state encourages and supports charitable activities regarding children.
Article 53. Everyone has the right to education..
Complete secondary education is compulsory.
The state ensures the availability and free preschool, full average, vocational, higher education in state and municipal educational institutions; preschool development, full average, out of school, vocational, higher and postgraduate education, different forms of learning; provision of state scholarships and benefits to pupils and students.
{The official interpretation of the provisions of the third part of article 53 cm. in Constitutional Court Decision Number 5-rp / 2004 from 04.03.2004 }
Citizens have the right to free higher education in state and municipal educational institutions on a competitive basis.
citizens, belonging to national minorities, in accordance with the law, the right to study in one’s native language or to study one’s mother tongue in state and communal educational institutions or through national cultural societies is guaranteed.
Article 54. Citizens guaranteed literary freedom, artistic, scientific and technical creativity, intellectual property protection, their copyright, moral and material interests, arising in connection with various types of intellectual activity.
Every citizen has the right to the results of his intellectual, creative activities; no one can use or distribute them without his consent, exceptions, established by law.
The state contributes to the development of science, establishing scientific ties between Ukraine and the world community.
Cultural heritage protected by law.
The state ensures the preservation of historical monuments and other objects, of cultural value, takes measures to return to Ukraine the cultural values of the people, that are beyond.
Article 55. The rights and freedoms of man and citizen are protected by the court.
{The official interpretation of the first article 55 cm. in Constitutional Court Decision № of 9-sn 25.12.97 }
Everyone is guaranteed the right to appeal against decisions in court, actions or omissions of public authorities, local government, officials and officials.
{Official Interpretation of Part Two of the Article 55 cm. in the decisions of the Constitutional Court № 6-sn of 25.11.97 , Number 19-rp / 2011 from 14.12.2011 }
Everyone has the right to apply for protection of their rights to the Commissioner for Human Rights of the Verkhovna Rada of Ukraine.
Everyone is guaranteed the right to file a constitutional complaint with the Constitutional Court of Ukraine on the grounds, established by this Constitution, and okay, defined by law.
{Article 55 supplemented by a new part according to the Law № 1401-VIII от 02.06.2016 }
Everyone has the right, after using all national legal remedies, to apply for the protection of their rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organizations, member or member of which Ukraine is.
{Part Five 55 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
Everyone has the right, by any means not prohibited by law, to protect his rights and freedoms from violations and unlawful attacks.
Article 56. Everyone has the right to compensation at the expense of the state or local authorities of material and moral harm, caused by illegal decisions, actions or omissions of public authorities, local government, their officials and officials in the exercise of their authority.
Article 57. Everyone is guaranteed the right to know their rights and obligations.
Laws and other regulatory legal acts, defining rights and obligations of citizens, should be brought to the attention of the population in order, established by law.
Laws and other regulatory legal acts, defining rights and obligations of citizens, not communicated to the population in order, established by law, are invalid.
Article 58. Laws and other normative legal acts do not have retroactive effect in time, except, when they mitigate or annul the responsibility of the person.
{The official interpretation of the first article 58 cm. in Constitutional Court Decision Number 1-pn / 99 from 09.02.99 }
No one can be responsible for the acts, which at the time they were committed were not recognized by law as an offense.
{The official interpretation of article 58 cm. in the decisions of the Constitutional Court № sn-1 from 13.05.97 , Number 6-rp / 2000 from 19.04.2000 }
Article 59. Everyone has the right to professional legal assistance.. In cases, provided by law, this help is free. Everyone is free to choose a defender of their rights.
{Part one of the article 59 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
{The official interpretation of the first article 59 cm. in Constitutional Court Decision Number 13-rp / 2000 from 16.11.00 }
{The official interpretation of the provisions of Section 59 cm. in Constitutional Court Decision Number 23-rp / 2009 from 30.09.2009 }
{Part two of the article 59 excluded by law № 1401-VIII от 02.06.2016 }
Article 60. No one is required to comply with clearly criminal orders or orders..
Legal responsibility arises for the bestowal and execution of a clearly criminal order or order..
Article 61. No one may be held twice liable for the same offense of the same type.
The legal liability of an individual is individual..
Article 62. A person is presumed innocent of a crime and cannot be subjected to criminal punishment., until his guilt is proved legally and established by a guilty verdict.
No one is required to prove his innocence of a crime.
Accusation cannot be based on evidence, illegally obtained, as well as on assumptions. All doubts regarding the proof of guilt of a person are interpreted in his favor.
{The official interpretation of the provisions of the third paragraph of Article 62, according to which the prosecution cannot be based on evidence, illegally obtained, cm. in Constitutional Court Decision Number 12-rp / 2011 from 20.10.2011 }
In the event of the annulment of the court verdict as unjust, the state shall compensate material and moral damage, caused by groundless conviction.
Article 63. A person is not responsible for refusing to testify or explain himself, family members or close relatives, the circle of which is determined by law.
Suspect, accused or defendant has the right to defense.
Convict enjoys all human and citizen rights, excluding restrictions, defined by law and established by a court sentence.
Article 64. Constitutional rights and freedoms of man and citizen cannot be limited, except, stipulated by the Constitution of Ukraine.
In conditions of martial law or a state of emergency, certain restrictions on rights and freedoms may be established with an indication of the duration of these restrictions. Rights and freedoms cannot be limited, stipulated articles 24 , 25 , 27 , 28 , 29 , 40 , 47 , 51 , 52 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 of this constitution.
{The official interpretation of article 64 cm. in Constitutional Court Decision № of 9-sn 25.12.97 }
Article 65. Defending the Fatherland, independence and territorial integrity of Ukraine, respect for its state symbols is the duty of citizens of Ukraine.
Citizens carry out military service in accordance with the law.
Article 66. Everyone is obliged not to harm nature., cultural heritage, recover damages.
Article 67. Everyone is required to pay taxes and fees in the manner and amount, statutory.
All citizens annually submit to the tax inspectorate at the place of residence declarations of their property status and income for the past year in the order, established by law.
Article 68. Everyone is obliged to strictly observe the Constitution of Ukraine and the laws of Ukraine, not infringe on rights and freedoms, the honor and dignity of others.
Ignorance of laws does not exempt from legal liability.
Section III
ELECTIONS. rEFERENDUM
Article 69. The expression of the will of the people through elections, referendum and other forms of direct democracy.
{The official interpretation of the provisions of Article 69 cm. in Constitutional Court Decision Number 6-rp / 2008 from 16.04.2008 }
Article 70. Citizens of Ukraine have the right to vote in elections and referenda, eighteen years old.
Citizens do not have voting rights, legally incompetent.
Article 71. Elections to public authorities and local governments are free and are based on a common, equal and direct suffrage by secret ballot.
Voters are guaranteed free will.
Article 72. All-Ukrainian referendum is appointed by the Verkhovna Rada of Ukraine or the President of Ukraine in accordance with their powers, established by this Constitution.
All-Ukrainian referendum is proclaimed on a popular initiative at the request of at least three million citizens of Ukraine, eligible to vote, provided, that signatures regarding the appointment of a referendum are collected in at least two-thirds of the oblasts and at least one hundred thousand signatures in each oblast.
{Official interpretation of the provisions of the second part of article 72 cm. in Constitutional Court Decision Number 6-rp / 2008 from 16.04.2008 }
Article 73. An exclusively All-Ukrainian referendum resolves issues on changing the territory of Ukraine.
Article 74. No referendum allowed on tax bills, budget and amnesty.
Section IV
SUPREME RADA OF UKRAINE
Article 75. The only legislative body in Ukraine is the parliament – Verkhovna Rada of Ukraine.
{The official interpretation of the provisions of Article 75 cm. in Constitutional Court Decision Number 17-rp / 2002 from 17.10.2002 }
Article 76. The constitutional composition of the Verkhovna Rada of Ukraine – four hundred and fifty deputies of Ukraine, who are elected on the basis of universal, equal and direct suffrage by secret ballot for a period of five years.
A Ukrainian citizen may be elected a citizen of Ukraine, reached on election day reached twenty one year, eligible to vote and residing in Ukraine for the past five years.
A citizen cannot be elected to the Verkhovna Rada of Ukraine, convicted of an intentional crime, if this conviction is not canceled and not removed in the manner prescribed by law.
The powers of people's deputies of Ukraine are determined by the Constitution and laws of Ukraine.
The term of office of the Verkhovna Rada of Ukraine is five years.
{Article 76 as amended by the Law № 742-VII of 21.02.2014 }
Article 77. Regular elections to the Verkhovna Rada of Ukraine are held on the last Sunday of October of the fifth year of the authority of the Verkhovna Rada of Ukraine.
{Part one of the article 77 as amended by the Laws № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
Extraordinary elections to the Verkhovna Rada of Ukraine are called by the President of Ukraine and are held within sixty days from the date of publication of the decision on the early termination of powers of the Verkhovna Rada of Ukraine.
The procedure for conducting elections of people's deputies of Ukraine is established by law.
Article 78. People's Deputies of Ukraine exercise their powers on an ongoing basis.
People's Deputies of Ukraine cannot have another representative mandate, be in the public service, hold other paid positions, engage in other paid or entrepreneurial activities (except teaching, scientific and creative activities), be a member of the governing body or the supervisory board of an enterprise or organization, aimed at making a profit.
The requirements regarding the incompatibility of the deputy mandate with other activities are established by law.
In case of circumstances, violating the requirements regarding the incompatibility of the deputy mandate with other activities, People’s Deputy of Ukraine, within twenty days from the day of the occurrence of such circumstances, ceases such activities or submits a personal application on the resignation of the powers of the People’s Deputy of Ukraine.
{Article 78 as amended by the Law № 742-VII of 21.02.2014 }
Article 79. Before taking office, people's deputies of Ukraine take the following oath before the Verkhovna Rada of Ukraine:
“I swear allegiance to Ukraine. I undertake by all my actions to uphold the sovereignty and independence of Ukraine, take care of the good of the Fatherland and the welfare of the Ukrainian people.
I swear to comply with the Constitution of Ukraine and the laws of Ukraine, to fulfill their duties in the interests of all compatriots “.
The oath is read by the oldest MP of Ukraine before the opening of the first session of the newly elected Verkhovna Rada of Ukraine, after which the deputies affix the oath with their signatures under its text.
Failure to take the oath entails the loss of a deputy mandate.
The powers of people's deputies of Ukraine begin from the moment of taking the oath.
{The official interpretation of article 79 cm. in Constitutional Court Decision № sn-1 from 13.05.97 }
Article 80. People's Deputies of Ukraine guaranteed parliamentary immunity.
{Official interpretation of the provisions of the first part of article 80 cm. in Constitutional Court Decision Number 12-rp / 2003 from 26.06.2003 }
People's Deputies of Ukraine are not legally responsible for the results of voting or statements in parliament and its bodies, excluding liability for insult or defamation.
People’s deputies of Ukraine cannot be prosecuted without the consent of the Verkhovna Rada of Ukraine, detained or arrested.
{The official interpretation of the provisions of the third part of article 80 cm. in the decisions of the Constitutional Court Number 9-rp / 99 from 27.10.99 , Number 12-rp / 2003 from 26.06.2003 }
Article 81. The powers of people's deputies of Ukraine terminate simultaneously with the termination of powers of the Verkhovna Rada of Ukraine.
The powers of the People’s Deputy of Ukraine are terminated early in case of:
1) resignation on his personal statement;
2) entry into force of a guilty verdict against him;
3) recognition by the court of incompetent or missing;
4) termination of his citizenship or his departure for permanent residence outside Ukraine;
5) if within twenty days from the date of occurrence of the circumstances, which lead to a violation of the requirements regarding the incompatibility of the deputy mandate with other activities, these circumstances are not eliminated by him;
6) non-entry of the people's deputy of Ukraine, elected from a political party (political bloc), to the parliamentary faction of this political party (political bloc) or withdrawal of the people's deputy of Ukraine from the composition of such a fraction;
7) his death.
The powers of a People’s Deputy of Ukraine are terminated ahead of schedule also in case of early termination of powers of the Verkhovna Rada of Ukraine in accordance with the Constitution of Ukraine – on the opening day of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.
The decision on the early termination of powers of the people's deputy of Ukraine in cases, stipulated by paragraphs 1, 4 part two of this article, adopted by the Verkhovna Rada of Ukraine, and in case, stipulated by paragraph 5 part two of this article, – court.
In case of entry into legal force of a guilty verdict against a people's deputy of Ukraine, recognition of a people's deputy of Ukraine as legally incompetent or missing is terminated from the day the court decision comes into force, and in case of death of the people's deputy of Ukraine – from the day of death, certified death certificate.
In case of non-entry of the people's deputy of Ukraine, elected from a political party (political bloc), to the parliamentary faction of this political party (political bloc) or the withdrawal of a people's deputy of Ukraine from the composition of such a fraction, his powers are terminated ahead of schedule on the basis of the law by decision of the highest governing body of the relevant political party (political bloc) from the date of such a decision.
{Article 81 as amended by the Law № 742-VII of 21.02.2014 }
Article 82. Verkhovna Rada of Ukraine works in session.
The Verkhovna Rada of Ukraine is authorized, subject to the election of at least two-thirds of its constitutional composition.
The Verkhovna Rada of Ukraine is going to the first session no later than the thirtieth day after the official announcement of the election results.
The first meeting of the Verkhovna Rada of Ukraine is opened by the oldest MP of Ukraine.
{Article 82 as amended by the Law № 742-VII of 21.02.2014 }
Article 83. Regular sessions of the Verkhovna Rada of Ukraine begin on the first Tuesday of February and the first Tuesday of September of each year.
Extraordinary sessions of the Verkhovna Rada of Ukraine, indicating the agenda, convened by the Chairman of the Verkhovna Rada of Ukraine at the request of the President of Ukraine or at the request of at least a third of the deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine.
In the case of the announcement of the decree of the President of Ukraine on the introduction of martial law or a state of emergency in Ukraine or some of its localities, the Verkhovna Rada of Ukraine gathers for a meeting within two days without convening.
If the term of office of the Verkhovna Rada of Ukraine expires during a martial law or a state of emergency, its powers continue until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine, elected after lifting martial law or state of emergency.
The working procedure of the Verkhovna Rada of Ukraine is established by the Constitution of Ukraine and Regulations of the Verkhovna Rada of Ukraine .
In the Verkhovna Rada of Ukraine, according to the election results and on the basis of the coordination of political positions, a coalition of deputy fractions is formed, which includes the majority of deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine.
The coalition of deputy fractions in the Verkhovna Rada of Ukraine is formed within one month from the date of the opening of the first meeting of the Verkhovna Rada of Ukraine, held after regular or extraordinary elections of the Verkhovna Rada of Ukraine, or within a month from the date of termination of the coalition of deputy fractions in the Verkhovna Rada of Ukraine.
The coalition of deputy fractions in the Verkhovna Rada of Ukraine, in accordance with this Constitution, makes proposals to the President of Ukraine on the candidacy of the Prime Minister of Ukraine, as well as in accordance with this Constitution, makes proposals on candidatures for the Cabinet of Ministers of Ukraine.
Formation Basics, organization of activities and termination of the coalition of deputy fractions in the Verkhovna Rada of Ukraine are established by the Constitution of Ukraine and Regulations of the Verkhovna Rada of Ukraine .
Deputy faction in the Verkhovna Rada of Ukraine, which includes the majority of deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine, has coalition rights of parliamentary factions in the Verkhovna Rada of Ukraine, provided for by this Constitution.
{Article 83 as amended by the Law № 742-VII of 21.02.2014 }
Article 84. The meeting of the Verkhovna Rada of Ukraine is held openly. A private meeting is held by decision of the majority of the constitutional composition of the Verkhovna Rada of Ukraine.
The decision of the Verkhovna Rada of Ukraine is taken exclusively at its plenary meetings by voting.
{Official Interpretation of Part Two of the Article 84 cm. in the decisions of the Constitutional Court Number 11-rp / 98 from 07.07.98 , Number 16-rp / 2003 from 14.10.2003 }
Voting at meetings of the Verkhovna Rada of Ukraine is carried out personally by the People’s Deputy of Ukraine.
{The official interpretation of part three of the article 84 cm. in Constitutional Court Decision Number 11-rp / 98 from 07.07.98 }
{The official interpretation of the provisions of Article 84 cm. in Constitutional Court Decision Number 17-rp / 2002 from 17.10.2002 }
Article 85. The powers of the Verkhovna Rada of Ukraine include:
1) amending the Constitution of Ukraine within the limits and procedure, provided for by section XIII of this Constitution;
2) appointment of an all-Ukrainian referendum on issues, specific article 73 of this constitution;
3) adoption of laws;
4) approval of the State budget of Ukraine and amending it, control over the implementation of the State budget of Ukraine, making a decision on the report on its implementation;
5) determination of the basics of domestic and foreign policy, implementing the state’s strategic course towards the acquisition of full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization;
{Paragraph 5 parts of the first article 85 as amended by the Law № 2680-VIII от 07.02.2019 }
6) approval of national economic programs, scientific and technical, social, national cultural development, environmental protection;
7) appointment of presidential elections in Ukraine, provided for by this Constitution;
8) hearing of annual and extraordinary messages of the President of Ukraine on the internal and external situation of Ukraine;
9) announcement on the proposal of the President of Ukraine of the state of war and the conclusion of peace, approval of the decision of the President of Ukraine on the use of the Armed Forces of Ukraine and other military forces in case of armed aggression against Ukraine;
10) removal of the President of Ukraine from office in a special procedure (impeachment), established article 111 of this Constitution;
11) consideration and decision-making on approval of the Program of Activities of the Cabinet of Ministers of Ukraine;
12) appointment by the President of Ukraine of the Prime Minister of Ukraine, Minister of Defense of Ukraine, Minister of Foreign Affairs of Ukraine, appointments on the proposal of the Prime Minister of Ukraine of other members of the Cabinet of Ministers of Ukraine, Chairman of the Antimonopoly Committee of Ukraine, Chairman of the State Committee for Television and Radio Broadcasting of Ukraine , Chairman of the State Property Fund of Ukraine, dismissal of specified persons, the decision on the resignation of the Prime Minister of Ukraine, members of the Cabinet of Ministers of Ukraine;
12 – 1 ) appointment and dismissal on the proposal of the President of Ukraine, Chairman of the Security Service of Ukraine;
13) monitoring the activities of the Cabinet of Ministers of Ukraine in accordance with this Constitution and law;
14) approval of decisions on the provision of loans and economic assistance by Ukraine to foreign states and international organizations, as well as the receipt by Ukraine from foreign countries, banks and international financial organizations loans, not provided by the State budget of Ukraine, monitoring their use;
15) adoption of the Rules of Procedure of the Verkhovna Rada of Ukraine;
16) appointment and dismissal of the Chairman and other members of the Accounts Chamber;
17) appointment and dismissal of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights; hearing of his annual reports on the status of observance and protection of human rights and freedoms in Ukraine;
18) appointment and dismissal of the Chairman of the National Bank of Ukraine on the proposal of the President of Ukraine;
19) appointment and dismissal of half of the Council of the National Bank of Ukraine;
20) appointment and dismissal of half of the National Council of Ukraine on Television and Radio Broadcasting;
21) appointment and dismissal of members of the Central Election Commission on the proposal of the President of Ukraine;
22) general structure approval, number of, defining the functions of the Security Service of Ukraine, Armed Forces of Ukraine, other military units formed in accordance with the laws of Ukraine, as well as the Ministry of Internal Affairs of Ukraine;
23) approval of the decision on the provision of military assistance to other states, on the sending of units of the Armed Forces of Ukraine to another state or on the admission of units of the armed forces of other states to the territory of Ukraine;
24) establishment of state symbols of Ukraine;
25) giving consent to the appointment and dismissal by the President of Ukraine of the Prosecutor General; no confidence in the Attorney General, that entails his resignation;
{Paragraph 25 parts of the first article 85 as amended by the Law № 1401-VIII от 02.06.2016 }
26) the appointment of a third of the Constitutional Court of Ukraine;
{Paragraph 26 parts of the first article 85 as amended by the Law № 1401-VIII от 02.06.2016 }
{Paragraph 27 parts of the first article 85 excluded by law № 1401-VIII от 02.06.2016 }
28) early termination of powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the presence of an opinion of the Constitutional Court of Ukraine on its violation of the Constitution of Ukraine or the laws of Ukraine; calling for early elections to the Verkhovna Rada of the Autonomous Republic of Crimea;
29) education and liquidation of areas, establishing and changing the boundaries of districts and cities, assignment of settlements to the category of cities, name and renaming of settlements and areas;
30) the appointment of regular and extraordinary elections to local authorities;
31) approval within two days from the date of the appeal of the President of Ukraine of decrees on the introduction of martial law or a state of emergency in Ukraine or in its individual areas, on general or partial mobilization, on declaring certain areas zones of environmental emergency;
32) provision by law of consent to be bound by international treaties of Ukraine and denunciation of international treaties of Ukraine;
33) parliamentary oversight within, defined by this Constitution and law;
34) making a decision to send a request to the President of Ukraine at the request of the People’s Deputy of Ukraine, deputies of Ukraine or the committee of the Verkhovna Rada of Ukraine, previously supported by at least one third of the constitutional composition of the Verkhovna Rada of Ukraine;
35) appointment and dismissal of the head of the apparatus of the Verkhovna Rada of Ukraine; approval of estimates of the Verkhovna Rada of Ukraine and the structure of its apparatus;
36) approval of the list of objects of state ownership, not subject to privatization, determination of the legal basis for the seizure of private property rights;
37) approval by law of the Constitution of the Autonomous Republic of Crimea, into her changes.
The Verkhovna Rada of Ukraine also exercises other powers, in accordance with the Constitution of Ukraine referred to its competence.
{Article 85 as amended by the Law № 742-VII of 21.02.2014 }
Article 86. The People’s Deputy of Ukraine has the right to request the bodies of the Verkhovna Rada of Ukraine at a session of the Verkhovna Rada of Ukraine, to the Cabinet of Ministers of Ukraine, to the heads of other government bodies and local authorities, as well as company managers, institutions and organizations, located in Ukraine, regardless of their subordination and forms of ownership.
{Official interpretation of the provisions of the first part of article 86 cm. in the decisions of the Constitutional Court № 4-rp / 99 from 19.05.99 , № 4-rp / 2000 from 11.04.2000 , № 4-rp / 2002 from 20.03.2002 , Number 5-rp / 2003 from 05.03.2003 , № 16 -рп / 2003 from 14.10.2003 }
Heads of state authorities and local governments, enterprises, institutions and organizations are obliged to inform the people's deputy of Ukraine about the results of the consideration of his request.
Article 87. The Verkhovna Rada of Ukraine, at the proposal of the President of Ukraine or at least one third of the deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine, may consider the responsibility of the Cabinet of Ministers of Ukraine and adopt a resolution of no confidence in the Cabinet of Ministers of Ukraine by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.
The issue of responsibility of the Cabinet of Ministers of Ukraine cannot be considered by the Verkhovna Rada of Ukraine more than once during one regular session, as well as during the year after the approval of the Program of Activities of the Cabinet of Ministers of Ukraine or during the last session of the Verkhovna Rada of Ukraine.
{Article 87 as amended by the Law № 742-VII of 21.02.2014 }
Article 88. The Verkhovna Rada of Ukraine elects from its composition the Chairman of the Verkhovna Rada of Ukraine, First Deputy and Deputy Chairman of the Verkhovna Rada of Ukraine and recalls them from these posts.
{Part one of the article 88 as amended by the Law № 742-VII of 21.02.2014 }
Chairman of the Verkhovna Rada of Ukraine:
1) leads meetings of the Verkhovna Rada of Ukraine;
2) organizes the work of the Verkhovna Rada of Ukraine, coordinates the activities of its bodies;
{Paragraph 2 parts of the second article 88 as amended by the Law № 742-VII of 21.02.2014 }
3) signs acts, adopted by the Verkhovna Rada of Ukraine;
4) represents the Verkhovna Rada of Ukraine in relations with other state authorities of Ukraine and authorities of other states;
5) organizes the work of the apparatus of the Verkhovna Rada of Ukraine.
The Chairman of the Verkhovna Rada of Ukraine exercises authority, provided for by this Constitution, OK, established Regulations of the Verkhovna Rada of Ukraine .
{Part three of the article 88 as amended by the Law № 742-VII of 21.02.2014 }
Article 89. Verkhovna Rada of Ukraine for legislative work, preparation and preliminary consideration of issues, assigned to her authority, performance of control functions in accordance with the Constitution of Ukraine creates committees of the Verkhovna Rada of Ukraine from among the people's deputies of Ukraine and elects chairpersons, first deputies, vice-chairmen and secretaries of these committees.
The Verkhovna Rada of Ukraine, within its powers, may create temporary special commissions for the preparation and preliminary consideration of issues.
Verkhovna Rada of Ukraine to investigate, of public interest, creates temporary investigative commissions, if at least one third of the constitutional composition of the Verkhovna Rada of Ukraine voted for it.
The conclusions and proposals of the temporary investigative commissions are not decisive for the investigation and the court.
Organization and procedure of the committees of the Verkhovna Rada of Ukraine, its temporary special and temporary investigative commissions are established by law.
{Article 89 as amended by the Law № 742-VII of 21.02.2014 }
Article 90. The powers of the Verkhovna Rada of Ukraine expire on the day of the opening of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.
The President of Ukraine has the right to early terminate the powers of the Verkhovna Rada of Ukraine, if:
1) within one month in the Verkhovna Rada of Ukraine not formed a coalition of parliamentary factions in accordance with article 83 of this constitution;
2) within sixty days after the resignation of the Cabinet of Ministers of Ukraine, the personal composition of the Cabinet of Ministers of Ukraine has not been formed;
3) plenary sessions cannot begin within thirty days of one regular session.
The decision on the early termination of powers of the Verkhovna Rada of Ukraine is taken by the President of Ukraine after consultation with the Chairman of the Verkhovna Rada of Ukraine, his deputies and chairmen of parliamentary factions in the Verkhovna Rada of Ukraine.
Powers of the Verkhovna Rada of Ukraine, elected in early elections, held after the early termination by the President of Ukraine of the powers of the Verkhovna Rada of Ukraine of the previous convocation, cannot be terminated within one year from the date of her election.
The powers of the Verkhovna Rada of Ukraine cannot be prematurely terminated by the President of Ukraine in the last six months of the term of office of the Verkhovna Rada of Ukraine or the President of Ukraine.
{Article 90 as amended by the Law № 742-VII of 21.02.2014 }
Article 91. Verkhovna Rada of Ukraine passes laws, decisions and other acts by a majority of its constitutional composition, except, provided for by this Constitution.
{The official interpretation of the provisions of Article 91 cm. in the decisions of the Constitutional Court Number 17-rp / 2002 from 17.10.2002 , Number 16-rp / 2003 from 14.10.2003 }
Article 92. Exclusively by the laws of Ukraine are determined:
1) human and civil rights and freedoms, guarantees of these rights and freedoms; basic duties of a citizen;
2) citizenship, legal personality of citizens, the status of foreigners and stateless persons;
3) rights of indigenous peoples and national minorities;
4) language usage order;
5) basics of using natural resources, exclusive (nautical) economic zone, continental shelf, space exploration, organization and operation of energy systems, transport and communication;
6) basics of social protection, forms and types of pension provision; fundamentals of labor and employment regulation, marriage, families, child protection, maternity, paternity; upbringing, education, culture and health; environmental safety;
7) legal regime of ownership;
8) legal basis and guarantees of entrepreneurship; competition rules and antitrust regulations;
9) basics of external relations, foreign economic activity, customs;
10) fundamentals of regulation of demographic and migration processes;
11) the foundations of the creation and activities of political parties, other associations of citizens, mass media;
12) organization and activities of executive bodies, foundations of public service, organizations of state statistics and informatics;
13) territorial structure of Ukraine;
{The official interpretation of the paragraph 13 parts of the first article 92 cm. in Constitutional Court Decision Number 11-rp / 2001 from 13.07.2001 }
14) judicial system, legal proceedings, status of judges; forensic fundamentals; organization and activities of the prosecutor's office, the notary, pre-trial investigation bodies, enforcement bodies and institutions; court enforcement procedure; the basics of the organization and activities of the legal profession;
{Paragraph 14 parts of the first article 92 as amended by the Law № 1401-VIII от 02.06.2016 }
15) basics of local government;
16) status of the capital of Ukraine; special status of other cities;
17) national security fundamentals, organization of the Armed Forces of Ukraine and ensuring public order;
18) legal regime of the state border;
19) legal regime of martial law and state of emergency, environmental emergency zones;
20) organization and procedure for holding elections and referenda;
21) organization and procedure of the Verkhovna Rada of Ukraine, status of people's deputies of Ukraine;
22) foundations of civil liability; deeds, which are crimes, administrative or disciplinary offenses, and responsibility for them.
{The official interpretation of the paragraph 22 parts of the first article 92 cm. in Constitutional Court Decision Number 7 rp / 2001 from 30.05.2001 }
Exclusively by the laws of Ukraine are established:
1) The state budget of Ukraine and the budget system of Ukraine; tax system, taxes and fees; fundamentals of the creation and functioning of financial, monetary, credit and investment markets; national currency status, as well as the status of foreign currencies in Ukraine; the procedure for the formation and repayment of state internal and external debt; procedure for the issue and circulation of government securities, their types and types;
2) the procedure for sending units of the Armed Forces of Ukraine to other states; order of admission and conditions of stay of units of the armed forces of other states in Ukraine;
3) weight units, measures and time; the procedure for establishing state standards;
4) procedure for the use and protection of state symbols;
5) state awards;
6) military ranks, diplomatic ranks and other special ranks;
7) public holidays;
8) the procedure for the creation and functioning of free and other special zones, having an economic or migration regime, different from the general.
The law of Ukraine declares amnesty.
Article 93. The right of legislative initiative in the Verkhovna Rada of Ukraine belongs to the President of Ukraine, people's deputies of Ukraine and the Cabinet of Ministers of Ukraine.
Bills, identified by the President of Ukraine as urgent, considered by the Verkhovna Rada of Ukraine out of turn.
{Article 93 as amended by the Law № 742-VII of 21.02.2014 }
Article 94. The law is signed by the Chairman of the Verkhovna Rada of Ukraine and immediately sends it to the President of Ukraine.
The President of Ukraine signs it within fifteen days after receiving the law, accepting for execution, and officially promulgates it or returns the law with its motivated and formulated proposals to the Verkhovna Rada of Ukraine for re-consideration.
{Official Interpretation of Part Two of the Article 94 cm. in the decisions of the Constitutional Court Number 11-rp / 98 from 07.07.98 , Number 6-rp / 2008 from 16.04.2008 }
If the President of Ukraine within the established period has not returned the law for reconsideration, the law is considered approved by the President of Ukraine and must be signed and officially promulgated.
If, upon reconsideration, the law is again adopted by the Verkhovna Rada of Ukraine by at least two-thirds of its constitutional composition, The President of Ukraine is obliged to sign it and officially make it public within ten days. If the President of Ukraine has not signed such a law, he is immediately officially made public by the Chairman of the Verkhovna Rada of Ukraine and published with his signature.
{Part Four Article 94 as amended by the Law № 742-VII of 21.02.2014 }
The law comes into force ten days from the date of its official promulgation., unless otherwise provided by law, but not earlier than the day of its publication.
{Official Interpretation of Part Five of the Article 94 cm. in Constitutional Court Decision № from 4-sn 03.10.97 }
Article 95. The budget system of Ukraine is based on the principles of fair and unbiased distribution of public wealth between citizens and territorial communities.
{The official interpretation of the provisions of Section 95 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
The law on the State Budget of Ukraine exclusively determines any government expenditures on social needs, size and target direction of these expenses.
{The official interpretation of the provisions of the second paragraph of Article 95 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
The state seeks to balance the budget of Ukraine.
{The official interpretation of the provisions of the third paragraph of Article 95 cm. in the decisions of the Constitutional Court Number 26-rp / 2008 from 27.11.2008 , № 3-rp / 2012 from 25.01.2012 }
Regular reports on revenues and expenditures of the State budget of Ukraine should be published.
Article 96. The state budget of Ukraine is approved annually by the Verkhovna Rada of Ukraine for the period from 1 January to 31 December, and in special circumstances – for another period.
The Cabinet of Ministers of Ukraine no later than 15 September, each year, submits to the Verkhovna Rada of Ukraine a draft law on the State Budget of Ukraine for next year. Together with the draft law, a report is presented on the implementation of the State Budget of Ukraine this year.
{The official interpretation of the provisions of the second paragraph of Article 96 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
Article 97. The Cabinet of Ministers of Ukraine, in accordance with the law, submits to the Verkhovna Rada of Ukraine a report on the implementation of the State Budget of Ukraine.
The submitted report must be made public..
Article 98. Control on behalf of the Verkhovna Rada of Ukraine for the receipt of funds in the State budget of Ukraine and their use is carried out by the Accounts Chamber.
Organization, the powers and procedures of the Accounts Chamber are determined by law.
{Article 98 as amended by the Law № 586-VII of 19.09.2013 , № 742-VII of 21.02.2014 }
Article 99. The monetary unit of Ukraine is the hryvnia.
Ensuring the stability of the monetary unit is the main function of the central bank of the state – National Bank of Ukraine.
Article 100. The Council of the National Bank of Ukraine develops the basic principles of monetary policy and exercises control over its implementation.
The legal status of the Council of the National Bank of Ukraine is determined by law.
Article 101. Parliamentary control over the observance of constitutional rights and freedoms of man and citizen is carried out by the Human Rights Commissioner of the Verkhovna Rada of Ukraine .
Section V
PRESIDENT OF UKRAINE
Article 102. The President of Ukraine is the head of state and speaks on his behalf.
The President of Ukraine is the guarantor of state sovereignty, territorial integrity of Ukraine, compliance with the Constitution of Ukraine, rights and freedoms of man and citizen.
The President of Ukraine is the guarantor of the implementation of the strategic course of the state for the acquisition of full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization.
{Article 102 supplemented by part three according to the Law № 2680-VIII от 07.02.2019 }
Article 103. The President of Ukraine is elected by the citizens of Ukraine on the basis of a common, equal and direct suffrage by secret ballot for a period of five years.
{Official interpretation of the provisions of the first part of article 103 cm. in Constitutional Court Decision Number 5-rp / 2014 from 15.05.2014 }
A citizen of Ukraine may be elected President of Ukraine, thirty five years old, eligible to vote, living in Ukraine for the last ten years before election day and speaking the state language.
One and the same person cannot be the President of Ukraine for more than two consecutive terms.
{The official interpretation of the provisions of the third part of article 103 cm. in Constitutional Court Decision Number 22-rp / 2003 from 25.12.2003 }
The President of Ukraine cannot have another representative mandate, hold a position in government or in associations of citizens, as well as engage in other paid or entrepreneurial activities or be a member of the governing body or the supervisory board of an enterprise, profitable.
Regular elections of the President of Ukraine are held on the last Sunday of March of the fifth year of the authority of the President of Ukraine. In case of early termination of powers of the President of Ukraine, elections of the President of Ukraine shall be held within a period of ninety days from the date of termination of powers.
{Part Five 103 as amended by the Laws № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
{The official interpretation of the provisions of part five of the article 103 cm. in Constitutional Court Decision Number 5-rp / 2014 from 15.05.2014 }
The procedure for the election of the President of Ukraine is established by law.
Article 104. The newly elected President of Ukraine takes office no later than thirty days after the official announcement of the election results, from the moment of taking the oath to the people at the solemn meeting of the Verkhovna Rada of Ukraine.
The swearing in of the President of Ukraine is carried out by the President of the Constitutional Court of Ukraine.
President of Ukraine takes the following oath:
“I, (first and last name), by the will of the people elected by the President of Ukraine, entering this high post, solemnly swear allegiance to Ukraine. I pledge to defend the sovereignty and independence of Ukraine with all my affairs, take care of the good of the Fatherland and the welfare of the Ukrainian people, to defend the rights and freedoms of citizens, comply with the Constitution of Ukraine and the laws of Ukraine, to fulfill their duties in the interests of all compatriots, increase the authority of Ukraine in the world “.
Ukraine President, special election, takes the oath within five days after the official announcement of the election results.
{The official interpretation of the provisions of Article 104 cm. in Constitutional Court Decision Number 17-rp / 2002 from 17.10.2002 }
Article 105. President of Ukraine enjoys immunity for the duration of his term.
{The official interpretation of the first article 105 cm. in Constitutional Court Decision Number 19-rp / 2003 from 10.12.2003 }
For infringement on the honor and dignity of the President of Ukraine, perpetrators are held accountable on the basis of the law.
The title of President of Ukraine is protected by law and retained for life., unless the President of Ukraine has been removed from office by impeachment.
Article 106. Ukraine President:
1) provides state independence, national security and state succession;
2) addresses with people and with annual and extraordinary messages to the Verkhovna Rada of Ukraine on the internal and external situation of Ukraine;
3) represents the state in international relations, manages the foreign policy of the state, negotiates and concludes international treaties of Ukraine;
4) decides on the recognition of foreign states;
5) appoints and dismisses the heads of diplomatic missions of Ukraine in other states and with international organizations; accepts credentials and recalls of diplomatic representatives of foreign states;
6) appoints an all-Ukrainian referendum on amendments to the Constitution of Ukraine, respectively article 156 of this constitution, proclaims an all-Ukrainian referendum on a popular initiative;
{The official interpretation of the paragraph 6 parts of the first article 106 cm. in Constitutional Court Decision Number 23-rp / 2008 from 15.10.2008 }
7) calls early elections to the Verkhovna Rada of Ukraine on dates, established by this Constitution;
8) terminates the powers of the Verkhovna Rada of Ukraine in cases, provided for by this Constitution;
{Paragraph 8 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
9) submits at the proposal of the coalition of deputy fractions in the Verkhovna Rada of Ukraine, formed in accordance with article 83 Constitution of Ukraine, presentation on the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of Ukraine no later than on the fifteenth day after receipt of such a proposal;
{Paragraph 9 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
10) introduces to the Verkhovna Rada of Ukraine the appointment of the Minister of Defense of Ukraine, Minister of Foreign Affairs of Ukraine;
{Paragraph 10 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
11) appoints and dismisses with the consent of the Verkhovna Rada of Ukraine the Prosecutor General;
{Paragraph 11 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 , № 1401-VIII от 02.06.2016 }
12) appoints and dismisses half the composition of the Council of the National Bank of Ukraine;
{Paragraph 12 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
13) appoints and dismisses half of the National Council of Ukraine on Television and Radio Broadcasting;
{Paragraph 13 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
14) submits to the Verkhovna Rada of Ukraine the idea of the appointment and dismissal of the Chairman of the Security Service of Ukraine;
{Paragraph 14 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
15) suspends the acts of the Cabinet of Ministers of Ukraine on the grounds of inconsistency of this Constitution with simultaneous appeal to the Constitutional Court of Ukraine regarding their constitutionality;
{Paragraph 15 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
16) cancels acts of the Council of Ministers of the Autonomous Republic of Crimea;
{Paragraph 16 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
17) is the Supreme Commander of the Armed Forces of Ukraine; appoints and dismisses the high command of the Armed Forces of Ukraine, other military units; provides leadership in the areas of national security and state defense;
18) heads the National Security and Defense Council of Ukraine;
19) introduces into the Verkhovna Rada of Ukraine the declaration of a state of war and, in the event of armed aggression against Ukraine, makes a decision on the use of the Armed Forces of Ukraine and other military units formed in accordance with the laws of Ukraine;
{Paragraph 19 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
20) takes, in accordance with the law, a decision on the general or partial mobilization and imposition of martial law in Ukraine or in its individual areas in case of threat of attack, dangers of state independence of Ukraine
21) takes, if necessary, a decision on the introduction of a state of emergency in Ukraine or in some of its localities, and also, if necessary, declares certain areas of Ukraine as zones of environmental emergency – with the subsequent approval of these decisions by the Verkhovna Rada of Ukraine;
22) appoints one third of the Constitutional Court of Ukraine;
{Paragraph 22 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 , № 1401-VIII от 02.06.2016 }
{Paragraph 23 parts of the first article 106 excluded by law № 1401-VIII от 02.06.2016 }
24) awards the highest military ranks, top diplomatic ranks and other top special ranks and class ranks;
25) awards state awards; establishes and awards presidential honors;
26) decides on the adoption of citizenship of Ukraine and the termination of citizenship of Ukraine, asylum in Ukraine;
27) pardons;
28) creates within funds, stipulated in the State budget of Ukraine, to exercise their powers, advisory, deliberative and other subsidiary bodies and services;
29) signs laws, adopted by the Verkhovna Rada of Ukraine;
30) has a veto over the laws adopted by the Verkhovna Rada of Ukraine (except laws amending the Constitution of Ukraine) with their subsequent return for reconsideration of the Verkhovna Rada of Ukraine;
{Paragraph 30 parts of the first article 106 as amended by the Law № 742-VII of 21.02.2014 }
31) exercises other powers, defined by the Constitution of Ukraine.
The President of Ukraine cannot transfer his powers to other persons or bodies.
The President of Ukraine, on the basis and in pursuance of the Constitution and laws of Ukraine, issues decrees and orders, which are binding on the territory of Ukraine.
Acts of the President of Ukraine, authorized, stipulated by paragraphs 5, 18, 21 this article, signed by the Prime Minister of Ukraine and the Minister, responsible for the act and its implementation.
{Part Four Article 106 as amended by the Law № 742-VII of 21.02.2014 , № 1401-VIII от 02.06.2016 }
Article 107. The National Security and Defense Council of Ukraine is the coordinating body for national security and defense under the President of Ukraine.
The National Security and Defense Council of Ukraine coordinates and supervises the activities of executive authorities in the field of national security and defense.
The Chairman of the National Security and Defense Council of Ukraine is the President of Ukraine.
The staff of the National Security and Defense Council of Ukraine is formed by the President of Ukraine.
The structure of the National Security and Defense Council of Ukraine ex officio includes the Prime Minister of Ukraine, Minister of Defense of Ukraine, Chairman of the Security Service of Ukraine, Minister of Internal Affairs of Ukraine, Minister of Foreign Affairs of Ukraine.
The meetings of the National Security and Defense Council of Ukraine may be attended by the Chairman of the Verkhovna Rada of Ukraine.
The decision of the National Security and Defense Council of Ukraine is enforced by decrees of the President of Ukraine.
The competence and functions of the National Security and Defense Council of Ukraine are determined by law.
Article 108. The President of Ukraine exercises his powers until assuming the post of the newly elected President of Ukraine.
The powers of the President of Ukraine terminate early in the event of:
1) resignation;
2) inability to exercise one's authority for health reasons;
{Paragraph 2 parts of the second article 108 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
3) impeachment;
4) of death.
Article 109. The resignation of the President of Ukraine comes into force from the moment he personally proclaims his resignation at a meeting of the Verkhovna Rada of Ukraine.
Article 110. The impossibility of the President of Ukraine to fulfill his powers for health reasons should be established at a meeting of the Verkhovna Rada of Ukraine and confirmed by decision, adopted by a majority of its constitutional composition on the basis of a written submission of the Supreme Court – by appeal of the Verkhovna Rada of Ukraine, and medical report.
{Article 110 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
Article 111. The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine by impeachment in the event of treason or other crime.
{The official interpretation of the first article 111 cm. in Constitutional Court Decision Number 19-rp / 2003 from 10.12.2003 }
The question of the removal of the President of Ukraine from office by impeachment is initiated by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.
The Verkhovna Rada of Ukraine creates a special temporary investigation commission to conduct an investigation, which includes a special prosecutor and special investigators.
Conclusions and proposals of the temporary investigative commission are considered at a meeting of the Verkhovna Rada of Ukraine.
If there are grounds, the Verkhovna Rada of Ukraine takes at least two-thirds of its constitutional composition a decision to accuse the President of Ukraine.
The decision to remove the President of Ukraine from office by impeachment procedure is adopted by the Verkhovna Rada of Ukraine by at least three quarters of its constitutional composition after the Constitutional Court of Ukraine has checked the case and received its opinion on the constitutional investigation procedure and the impeachment case and the Supreme Court has received a conclusion , what deeds, in which the President of Ukraine is accused, contain signs of high treason or other crime.
{Part six of the article 111 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
Article 112. In case of early termination of powers of the President of Ukraine in accordance with the articles 108, 109, 110, 111 of this Constitution, the performance of the duties of the President of Ukraine for the period until the election and assumption of the new President of Ukraine is entrusted to the Chairman of the Verkhovna Rada of Ukraine. The Chairman of the Verkhovna Rada of Ukraine during the period of his duties as President of Ukraine cannot exercise his powers, stipulated by paragraphs 2, 6-8, 10-13, 22, 24, 25, 27, 28 articles 106 Constitution of Ukraine.
{Article 112 as amended by the Law № 742-VII of 21.02.2014 }
Section VI
CABINET OF MINISTERS OF UKRAINE. OTHER EXECUTIVE AUTHORITIES
Article 113. The Cabinet of Ministers of Ukraine is the highest body in the system of executive authorities.
The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and the Verkhovna Rada of Ukraine, controlled and accountable to the Verkhovna Rada of Ukraine within, provided for by the Constitution.
The Cabinet of Ministers of Ukraine in its activities is governed by this Constitution and laws of Ukraine, as well as decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine, adopted in accordance with the Constitution and laws of Ukraine.
{Article 113 as amended by the Law № 742-VII of 21.02.2014 }
Article 114. The Cabinet of Ministers of Ukraine includes the Prime Minister of Ukraine, First Vice Prime Minister, vice prime minister, ministers.
The Prime Minister of Ukraine is appointed by the Verkhovna Rada of Ukraine on the proposal of the President of Ukraine.
The candidacy for appointment to the post of Prime Minister of Ukraine is introduced by the President of Ukraine at the proposal of a coalition of deputy fractions in the Verkhovna Rada of Ukraine, formed in accordance with article 83 Constitution of Ukraine, or deputy faction, which includes the majority of deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine .
Minister of Defense of Ukraine, Minister of Foreign Affairs of Ukraine appointed by the Verkhovna Rada of Ukraine on the proposal of the President of Ukraine, other members of the Cabinet of Ministers of Ukraine are appointed by the Verkhovna Rada of Ukraine on the proposal of the Prime Minister of Ukraine.
Prime Minister of Ukraine supervises the work of the Cabinet of Ministers of Ukraine, sends it to the implementation of the Program of Activities of the Cabinet of Ministers of Ukraine, approved by the Verkhovna Rada of Ukraine.
{Article 114 as amended by the Law № 742-VII of 21.02.2014 }
Article 115. The Cabinet of Ministers of Ukraine resigns before the newly elected Supreme Council of Ukraine.
Prime Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine have the right to declare their resignation to the Verkhovna Rada of Ukraine.
The resignation of the Prime Minister of Ukraine, adoption by the Verkhovna Rada of Ukraine of a resolution of no confidence in the Cabinet of Ministers of Ukraine results in the resignation of the entire composition of the Cabinet of Ministers of Ukraine. In these cases, the Verkhovna Rada of Ukraine is forming a new composition of the Cabinet of Ministers of Ukraine on time and in the manner, as defined by this Constitution.
Cabinet of Ministers of Ukraine, who resigned before the newly elected Supreme Council of Ukraine or whose resignation was adopted by the Verkhovna Rada of Ukraine, continues to fulfill its powers until the start of work of the newly formed Cabinet of Ministers of Ukraine.
{Article 115 as amended by the Law № 742-VII of 21.02.2014 }
Article 116. Cabinet of Ministers of Ukraine:
1) provides state sovereignty and economic independence of Ukraine, implementation of domestic and foreign policy of the state, implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine;
1 – 1 ) ensures the implementation of the state’s strategic course towards the acquisition of full membership of Ukraine in the European Union and in the North Atlantic Treaty Organization;
{Article 116 supplemented by paragraph 1 – 1 according to the law № 2680-VIII от 07.02.2019 }
2) takes measures to ensure the rights and freedoms of man and citizen;
{The official interpretation of the paragraph 2 articles 116 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
3) provides financial, price, investment and tax policy; labor and employment policies, social protection, education, science and culture, nature conservation, environmental safety and environmental management;
{The official interpretation of the paragraph 3 articles 116 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
4) develops and implements national economic programs, scientific and technical, social and cultural development of Ukraine;
5) provides equal conditions for the development of all forms of ownership; manages state property in accordance with the law;
6) develops a 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, submits to the Verkhovna Rada of Ukraine a report on its implementation;
{The official interpretation of the paragraph 6 articles 116 cm. in Constitutional Court Decision № 3-rp / 2012 from 25.01.2012 }
7) takes measures to ensure the defense capability and national security of Ukraine, public order, crime control;
8) organizes and ensures the implementation of foreign economic activity of Ukraine, customs;
9) directs and coordinates the work of ministries, other executive bodies;
9 – 1 ) forms, reorganizes and liquidates, in accordance with the law, ministries and other central executive bodies, acting within the means, provided for by executive bodies;
{Article 116 supplemented by paragraph 9 – 1 according to the law № 742-VII of 21.02.2014 }
9 – 2 ) appoints and dismisses on the proposal of the Prime Minister of Ukraine the heads of central executive bodies, which are not part of the Cabinet of Ministers of Ukraine;
{Article 116 supplemented by paragraph 9 – 2 according to the law № 742-VII of 21.02.2014 }
10) exercises other powers, defined by the Constitution and laws of Ukraine.
{Paragraph 10 articles 116 as amended by the Law № 742-VII of 21.02.2014 }
Article 117. The Cabinet of Ministers of Ukraine, within its competence, issues decrees and orders, binding.
The acts of the Cabinet of Ministers of Ukraine are signed by the Prime Minister of Ukraine.
Regulations of the Cabinet of Ministers of Ukraine, ministries and other central executive bodies are subject to registration in the manner, established by law.
Article 118. Executive power in regions and districts, the cities of Kiev and Sevastopol carry out local state administrations.
{The official interpretation of the provisions of Section 118 cm. in the decisions of the Constitutional Court Number 21-rp / 2003 from 25.12.2003 , Number 9-rp / 2005 from 13.10.2005 }
Features of the executive branch in the cities of Kiev and Sevastopol are determined by individual laws of Ukraine.
{The official interpretation of the provisions of the second paragraph of Article 118 cm. in the decisions of the Constitutional Court Number 21-rp / 2003 from 25.12.2003 , Number 9-rp / 2005 from 13.10.2005 }
The composition of local state administrations is formed by the chairmen of local state administrations.
{The official interpretation of the provisions of the third paragraph of Article 118 cm. in Constitutional Court Decision Number 21-rp / 2003 from 25.12.2003 }
The chairmen of local state administrations are appointed and dismissed by the President of Ukraine on the proposal of the Cabinet of Ministers of Ukraine.
{The official interpretation of the provisions of part four of Article 118 cm. in the decisions of the Constitutional Court Number 21-rp / 2003 from 25.12.2003 , Number 9-rp / 2005 from 13.10.2005 }
The heads of local state administrations, in the exercise of their powers, are responsible to the President of Ukraine and the Cabinet of Ministers of Ukraine, accountable and controlled by executive bodies of the highest level.
Local government administrations are accountable and accountable to councils regarding powers, delegated to them by the relevant district or regional councils.
Local state administrations are accountable and controlled by top level executive authorities.
Decisions of chairmen of local state administrations, contrary to the Constitution and laws of Ukraine, other legislative acts of Ukraine, can be in accordance with the law canceled by the President of Ukraine or the chairman of the local state administration of the highest level.
The oblast or district council may express no confidence in the chairman of the relevant local state administration, on the basis of which the President of Ukraine makes a decision and gives a reasoned answer.
If distrust to the chairman of a district or regional state administration is expressed by two-thirds of the deputies from the composition of the relevant council, President of Ukraine decides on the resignation of the chairman of the local state administration.
Article 119. Local state administrations in the relevant territory provide:
1) implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine, Cabinet of Ministers of Ukraine, other executive bodies;
2) law and order; observance of the rights and freedoms of citizens;
3) implementation of state and regional programs of socio-economic and cultural development, environmental programs, and in areas densely populated by indigenous peoples and national minorities – also programs of their national-cultural development;
4) preparation and implementation of relevant regional and district budgets;
5) report on the implementation of relevant budgets and programs;
6) interaction with local authorities;
7) the implementation of other government-provided, as well as delegated authority by the respective councils.
Article 120. Members of the Cabinet of Ministers of Ukraine, heads of central and local executive bodies do not have the right to combine their official activities with other work (except teaching, scientific and creative work after hours), be a member of the governing body or the supervisory board of an enterprise or organization, what is the purpose of making a profit.
{Part one of the article 120 as amended by the Law № 742-VII of 21.02.2014 }
Organization, powers and procedures of the Cabinet of Ministers of Ukraine, other central and local executive bodies are determined by the Constitution and laws of Ukraine.
{Section VII “public prosecutor's office” excluded by law № 1401-VIII от 02.06.2016 }
Section VIII
JUSTICE
Article 124. Justice in Ukraine is carried out exclusively by courts.
Delegation of functions of courts, as well as the appropriation of these functions by other bodies or officials are not allowed.
The jurisdiction of the courts extends to any legal dispute and any criminal charge.. In cases provided for by law, courts also hear other cases..
The law may determine the mandatory pre-trial procedure for the settlement of a dispute..
The people are directly involved in the administration of jury justice.
Ukraine may recognize the jurisdiction of the International Criminal Court on conditions, certain Rome Statute of the International Criminal Court .
{Part six of the article 124 takes effect from 30.06.2019 – cm. paragraph 1 Section II of Law No. 1401-VIII of 02.06.2016 }
{Article 124 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 125. The judicial system in Ukraine is based on the principles of territoriality and specialization and is determined by law.
Court formed, reorganized and liquidated by law, the draft of which is submitted to the Verkhovna Rada of Ukraine by the President of Ukraine after consultations with the High Council of Justice.
The Supreme Court is the highest court in the judicial system of Ukraine.
Higher specialized courts may be required by law.
In order to protect rights, the freedoms and interests of a person in the field of public law relations are governed by administrative courts.
The creation of emergency and special courts is not allowed.
{Article 125 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 126. Independence and inviolability of judges are guaranteed by the Constitution and laws of Ukraine.
Influence on the judge in any way is prohibited.
Without the consent of the High Council of Justice, a judge cannot be detained or held in custody or arrest until conviction by a court, with the exception of the detention of a judge during or immediately after the commission of a serious or especially serious crime.
A judge cannot be held liable for a court decision, with the exception of a crime or disciplinary offense.
Judge holds office indefinitely.
The grounds for dismissal of a judge are:
1) inability to exercise authority for health reasons;
2) violation by a judge of incompatibility requirements;
3) substantial disciplinary offense, gross or systematic neglect, incompatible with the status of a judge or revealed his discrepancy with the position held;
4) applying for resignation or dismissal at will;
5) disagreement to transfer to another court in case of liquidation or reorganization of the court, in which the judge is in office;
6) violation of the obligation to confirm the legality of the source of the property.
The powers of a judge are terminated in the event of:
1) achievement by a judge of sixty five years;
2) termination of citizenship of Ukraine or acquisition by a judge of citizenship of another state;
3) entry into force of a court decision declaring a judge missing or declaring dead, recognition of incompetent or partially incapacitated;
4) judge's death;
5) entry into force of a guilty verdict against a judge for committing a crime.
The state ensures the personal safety of a judge and members of his family.
{Article 126 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 127. Judges exercise justice. Jurisdiction in jury cases.
Judge cannot belong to political parties, trade unions, take part in any political activity, have a representative mandate, hold any other paid positions, perform other paid work, except scientific, teaching or creative.
A citizen of Ukraine not younger than thirty and not older than sixty five years may be appointed to the position of a judge, having a higher legal education and professional experience in the field of law for at least five years, competent, virtuous and fluent in the state language. The law may provide for additional requirements for the appointment of a judge..
In accordance with the law, other requirements for education and length of professional activity may be established for judges of specialized courts..
{Article 127 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 128. The appointment of a judge is carried out by the President of Ukraine on the proposal of the High Council of Justice in the manner, established by law.
Judge appointment, except, determined by law.
The Chairman of the Supreme Court elects and dismisses him by secret ballot from the Plenum of the Supreme Court in the manner, established by law.
{Article 128 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 129. Referee, administering justice, is independent and governed by the rule of law.
The main principles of legal proceedings are:
1) equality of all participants in the trial before the law and the court;
2) evidence of guilt;
3) adversarial process of the parties and freedom in providing the court with their evidence and in proving their conviction before the court;
4) public prosecution in court;
5) providing the accused with the right to defense;
6) publicity of the trial and its full fixation by technical means;
7) reasonable time for trial;
8) securing the right to appeal review of a case and in cases specified by law – on appeal of a court decision;
9) binding judgment.
The law may also determine other principles of legal proceedings..
Judicial proceedings are carried out solely by a judge, college of judges or jury trial.
For contempt of court or judge, perpetrators are brought to justice.
{Article 129 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 129 – 1 . The court decides in the name of Ukraine. The judgment is binding.
The state ensures the execution of the judgment in the manner prescribed by law.
The enforcement of the judgment is carried out by the court.
{Constitution supplemented by article 129 – 1 according to the law № 1401-VIII от 02.06.2016 }
Article 130. The state provides funding and appropriate conditions for the functioning of the courts and the activities of judges. The State Budget of Ukraine separately defines the costs of maintaining the courts, taking into account the proposals of the High Council of Justice.
The amount of remuneration of a judge is established by the law on the judicial system.
{Article 130 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 130 – 1 . In order to protect the professional interests of judges and resolve issues of the internal activity of the courts, judicial self-government is in accordance with the law.
{Constitution supplemented by article 130 – 1 according to the law № 1401-VIII от 02.06.2016 }
Article 131. The High Council of Justice operates in Ukraine, which is:
1) introduces the appointment of a judge;
2) decides on violation of incompatibility requirements by a judge or prosecutor;
3) considers complaints about decisions of the relevant authority to bring to disciplinary action a judge or prosecutor;
4) decides on the dismissal of a judge;
5) agrees to the detention of a judge or detention;
6) decides to temporarily remove a judge from justice;
7) takes measures to ensure the independence of judges;
8) decides to transfer a judge from one court to another;
9) exercises other powers, defined by this Constitution and laws of Ukraine.
The High Council of Justice consists of twenty-one members, of which ten – elects a congress of judges of Ukraine from among judges or retired judges, two – appointed by the President of Ukraine, two – chooses the Verkhovna Rada of Ukraine, two – chooses the congress of lawyers of Ukraine, two – elects an all-Ukrainian conference of prosecutors, two – elects congress of representatives of legal higher educational institutions and scientific institutions.
Election procedure (destination) as members of the High Council of Justice is determined by law.
The President of the Supreme Court is a member of the High Council of Justice.
Term of office of the elect (designated) members of the High Council of Justice is four years. One and the same person cannot hold a post of a member of the High Council of Justice for two consecutive terms.
Member of the High Council of Justice cannot belong to political parties, trade unions, take part in any political activity, have a representative mandate, hold any other paid positions (except for the position of President of the Supreme Court), perform other paid work, except scientific, teaching or creative.
A member of the High Council of Justice must belong to the legal profession and meet the criterion of political neutrality.
The law may provide for additional requirements for a member of the High Council of Justice..
High Council of Justice Grants Authority Subject to Election (destination) at least fifteen of its members, most of whom are judges.
According to the law, bodies and institutions are formed in the justice system to ensure the selection of judges, prosecutors, their training, assessments, consideration of cases on their disciplinary liability, financial and organizational support of courts.
{Article 131 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 131 – 1 . In Ukraine, the prosecutor’s office, carrying out:
1) maintenance of public prosecution in court;
2) organization and procedural management of pre-trial investigation, decision in accordance with the law other issues during criminal proceedings, supervision of secret and other investigators and search actions of law enforcement agencies;
3) representation of state interests in court in exceptional cases and in accordance with the procedure, as defined by law.
The organization and procedure of the prosecutor's office are determined by law.
The prosecutor's office in Ukraine is headed by the Prosecutor General, which is appointed and dismissed by the President of Ukraine with the consent of the Verkhovna Rada of Ukraine.
The term of office of the Attorney General is six years. One and the same person may not hold the position of Attorney General for two consecutive terms.
The early dismissal of the Prosecutor General is carried out in cases and on the grounds, defined by this Constitution and law.
{Constitution supplemented by article 131 – 1 according to the law № 1401-VIII от 02.06.2016 }
Article 131 – 2 . To provide professional legal assistance in Ukraine there is a bar.
The independence of the bar is guaranteed.
The basics of the organization and activities of the bar and the practice of advocacy in Ukraine are determined by law.
Only a lawyer represents another person in court, as well as protection against criminal charges.
Exceptions to representation in a labor court may be defined by law., social rights disputes, regarding elections and referenda, in minor disputes, as well as regarding the representation of minors or minors and persons, recognized by the court as legally incompetent or whose legal capacity is limited.
{Constitution supplemented by article 131 – 2 according to the law № 1401-VIII от 02.06.2016 }
Section IX
TERRITORIAL DEVICE OF UKRAINE
Article 132. The territorial structure of Ukraine is based on the principles of unity and integrity of the state territory, a combination of centralization and decentralization in the exercise of state power, balance and socio-economic development of the regions, given their historical, economic, environmental, geographical and demographic features, ethnic and cultural traditions .
Article 133. The administrative system of Ukraine is: Autonomous Republic of Crimea, the, areas, cities, urban areas, towns and villages.
{The official interpretation of the first article 133 cm. in Constitutional Court Decision Number 11-rp / 2001 from 13.07.2001 }
The structure of Ukraine includes: Autonomous Republic of Crimea, Vinnytsia, Volyn, Dnipropetrovsk, Donetsk, Zhytomyr, Zakarpattia, Zaporizhia, Ivano-Frankivsk, Kiev, Kirovohrad, Lugansk, Lviv, Mykolaiv, Odessa, Poltava, Rivne, Sumy, Ternopil, Kharkiv, Herson , Khmelnytsky, Cherkasy, Chernivtsi, Chernihiv region, Kiev and Sevastopol cities.
The cities of Kiev and Sevastopol have a special status, which is determined by the laws of Ukraine.
{The official interpretation of the provisions of the third paragraph of Article 133 cm. in the decisions of the Constitutional Court Number 21-rp / 2003 from 25.12.2003 , Number 9-rp / 2005 from 13.10.2005 }
Section X
Autonomous Republic of Crimea
Article 134. The Autonomous Republic of Crimea is an integral part of Ukraine and within the powers, defined by the Constitution of Ukraine, solves issues, assigned to her jurisdiction.
Article 135. The Autonomous Republic of Crimea has the Constitution of the Autonomous Republic of Crimea, which is adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the Verkhovna Rada of Ukraine by at least 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 may not contradict the Constitution and laws of Ukraine and are adopted in accordance with the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine and their implementation.
Article 136. The representative body of the Autonomous Republic of Crimea is the Verkhovna Rada of the Autonomous Republic of Crimea, whose deputies are elected on the basis of universal, of equal, direct suffrage by secret ballot. The term of office of the Verkhovna Rada of the Autonomous Republic of Crimea, whose deputies are elected in the next election, is five years old. Termination of powers of the Verkhovna Rada of the Autonomous Republic of Crimea entails termination of powers of its deputies.
{Part one of the article 136 as amended by the Laws № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
Regular elections to the Verkhovna Rada of the Autonomous Republic of Crimea are held on the last Sunday of October of the fifth year of the authority of the Verkhovna Rada of the Autonomous Republic of Crimea, elected at the next election.
{Article 136 supplemented by a new part in accordance with the Law № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
{The official interpretation of the provisions of the second paragraph of Article 136 cm. in Constitutional Court Decision Number 2 rp / 2013 from 29.05.2013 }
The Verkhovna Rada of the Autonomous Republic of Crimea, within its powers, makes decisions and decisions, which are binding in the Autonomous Republic of Crimea.
The Government of the Autonomous Republic of Crimea is the Council of Ministers of the Autonomous Republic of Crimea. The Chairman of the Council of Ministers of the Autonomous Republic of Crimea is appointed and dismissed by the Verkhovna Rada of the Autonomous Republic of Crimea as agreed with the President of Ukraine.
powers, the procedure for the formation and activities of the Verkhovna Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea are determined by the Constitution of Ukraine and the laws of Ukraine, regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea on, attributed to her competence.
Justice in the Autonomous Republic of Crimea is administered by the courts of Ukraine.
{Part six of the article 136 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 137. Autonomous Republic of Crimea carries out normative regulation on:
1) agriculture and forests;
2) land reclamation and quarries;
3) public works, crafts and crafts; charity;
4) urban planning and housing;
5) of tourism, hotel business, fair;
6) museums, libraries, theaters, other cultural institutions, historical and cultural reserves;
7) public transport, highways, water pipes;
8) hunting, fisheries;
9) sanitary and medical services.
On the grounds of inconsistency of the regulatory 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 regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with simultaneous appeal to the Constitutional Court of Ukraine regarding their constitutionality.
Article 138. The jurisdiction of the Autonomous Republic of Crimea includes:
1) appointment of elections of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, approval of the composition of the election commission of the Autonomous Republic of Crimea;
2) organization and conduct of local referenda;
3) property management, owned by the Autonomous Republic of Crimea;
4) development, approval and execution of the budget of the Autonomous Republic of Crimea on the basis of a single tax and budget policy of Ukraine;
5) development, approval and implementation of the programs of the Autonomous Republic of Crimea on issues of socio-economic and cultural development, environmental management, environmental protection – in accordance with national programs;
6) recognition of the status of localities as resorts; establishment of sanitary protection zones for resorts;
7) participation in ensuring the rights and freedoms of citizens, national consensus, promotion of law enforcement and public safety;
8) ensuring the functioning and development of the state and national languages and cultures in the Autonomous Republic of Crimea; conservation and use of historical monuments;
9) participation in the development and implementation of state programs for the return of deported peoples;
10) initiating the introduction of a state of emergency and the establishment of zones of environmental emergency in the Autonomous Republic of Crimea or in its individual areas.
Other powers may also be delegated by the laws of Ukraine to the Autonomous Republic of Crimea..
Article 139. The Representative Office of the President of Ukraine operates in the Autonomous Republic of Crimea, whose status is determined by the law of Ukraine.
Section XI
LOCAL GOVERNMENT
Article 140. Local government is the right of the territorial community – residents of a village or voluntary association in a rural community of residents of several villages, towns and cities – independently resolve issues of local importance within the framework of the Constitution and laws of Ukraine.
{The official interpretation of the first article 140 cm. in the decisions of the Constitutional Court Number 12-rp / 2002 from 18.06.2002 , Number 21-rp / 2003 from 25.12.2003 }
Features of local government in the cities of Kiev and Sevastopol are determined by individual laws of Ukraine.
{The official interpretation of the provisions of the second paragraph of Article 140 cm. in the decisions of the Constitutional Court Number 21-rp / 2003 from 25.12.2003 , Number 9-rp / 2005 from 13.10.2005 }
Local self-government is carried out by the territorial community in the manner, established by law, as directly, and through local governments: rural, township, city councils and their executive bodies.
{The official interpretation of the provisions of the third paragraph of Article 140 cm. in Constitutional Court Decision Number 21-rp / 2003 from 25.12.2003 }
Local government, which represent the common interests of the territorial communities of villages, towns and cities, are district and provincial councils.
Issues of organizing the management of urban areas falls within the competence of city councils.
{Official Interpretation of Part Five of the Article 140 cm. in Constitutional Court Decision Number 11-rp / 2001 from 13.07.2001 }
Rural, township, city councils may permit the creation of brownies at the initiative of residents, street, quarterly and other bodies of self-organization of the population and give them part of their own competence, finance, property.
Article 141. The composition of the rural, village, urban, district, Regional Council includes deputies, who are elected by the villagers, the village, cities, district, areas based on universal, of equal, direct suffrage by secret ballot. The term of office of the rural, village, urban, district, regional council, whose deputies are elected in the next election, is five years old. Termination of Rural Powers, village, urban, district, regional council entails termination of powers of deputies of the relevant council.
{Part one of the article 141 as amended by the Laws № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
Territorial communities based on universal, of equal, direct suffrage elected by secret ballot respectively rural, village, city chairman, who chairs and presides over the board. The term of office of the rural, village, city chairman, elected at the next election, is five years old.
{Part two of the article 141 as amended by the Laws № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
Regular election of rural, village, urban, district, regional councils, rural, village, mayors pass on the last Sunday of October of the fifth year of the powers of the relevant council or the respective chairman, elected at the next election.
{Article 141 supplemented by a new part in accordance with the Law № 2952-VI of 01.02.2011 , № 742-VII of 21.02.2014 }
{The official interpretation of the provisions of the third paragraph of Article 141 cm. in Constitutional Court Decision Number 2 rp / 2013 from 29.05.2013 }
Goal Status, Deputies and executive bodies of the council and their powers, creation order, reorganization, liquidations are determined by law.
The chairman of the district and the chairman of the regional council are elected by the relevant council and head the executive apparatus of the council.
Article 142. The material and financial basis of local government is movable and immovable property, local budget revenues, other means, land, Natural resources, owned by the territorial communities of villages, villages, cities, urban areas, as well as objects of their common property, managed by district and regional councils.
{The official interpretation of the first article 142 cm. in Constitutional Court Decision Number 11-rp / 2001 from 13.07.2001 }
Territorial communities of villages, settlements and cities can be combined on a contractual basis with communal property, as well as budget funds for joint projects or for co-financing (content) utilities, organizations and institutions, create appropriate bodies and services for this.
The state participates in the formation of local government budget revenues, financially supports local government. Local government expenses, resulting from decisions of public authorities, compensated by the state.
Article 143. Territorial communities of the village, the village, Cities directly or through the local governments formed by them, manage property, communally owned; approve programs of socio-economic and cultural development and monitor their implementation; approve the budgets of the respective administrative-territorial units and monitor their implementation; set local taxes and fees in accordance with the law; ensure the holding of local referenda and the implementation of their results; form, reorganize and liquidate utilities, organizations and institutions, and also monitor their activities; solve other issues of local importance, assigned by law to their competence.
{Official interpretation of the provisions of the first part of article 143 cm. in Constitutional Court Decision Number 10-rp / 2010 from 01.04.2010 }
Regional and district councils approve programs for the socio-economic and cultural development of the respective regions and regions and monitor their implementation; approve district and regional budgets, which are formed from the state budget for their appropriate distribution between territorial communities or for the implementation of joint projects and from, attracted on a contractual basis from local budgets for the implementation of joint socio-economic and cultural programs, and monitor their implementation; solve other issues, assigned by law to their competence.
Local authorities may be granted by law separate powers of executive authorities. The state finances the exercise of these powers in full at the expense of the State budget of Ukraine or by assigning individual national taxes to the local budget in the manner prescribed by law, transfers relevant state property to local authorities.
Local government bodies regarding the exercise of the powers of executive authorities by them are controlled by the relevant executive authorities.
Article 144. Local authorities within the powers, determined by law, make decisions, binding on the relevant territory.
Decisions of local authorities on the grounds of their inconsistency with the Constitution or laws of Ukraine are stopped in the manner prescribed by law with a simultaneous appeal to the court.
{The official interpretation of the provisions of Article 144 cm. Decision of the Constitutional Court of Ukraine Number 7 rp / 2009 from 16.04.2009 }
Article 145. The rights of local self-government are protected in court.
Article 146. Other issues of local government organization, the formation of, activities and responsibilities of local governments are determined by law.
Section XII
CONSTITUTIONAL COURT OF UKRAINE
Article 147. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and in cases of other acts provided for by the Constitution, carries out official interpretation of the Constitution of Ukraine, as well as other powers in accordance with this Constitution.
The activities of the Constitutional Court of Ukraine are based on the principles of the rule of law, independence, collegiality, publicity, the validity and binding nature of its decisions i conclusions.
{Article 147 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 148. The Constitutional Court of Ukraine consists of eighteen judges of the Constitutional Court of Ukraine.
Ukraine President, The Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine appoint six judges of the Constitutional Court of Ukraine.
The selection of candidates for the post of judge of the Constitutional Court of Ukraine is carried out on a competitive basis in the manner prescribed by law.
A citizen of Ukraine may be a judge of the Constitutional Court of Ukraine, fluent in the state language, on the day of appointment reached forty years, having a higher legal education and experience in the field of law for at least fifteen years, high moral standards and is a lawyer with recognized authority.
Judge of the Constitutional Court of Ukraine cannot belong to political parties, trade unions, take part in any political activity, have a representative mandate, hold any other paid positions, perform other paid work, except scientific, teaching or creative.
Judge of the Constitutional Court of Ukraine is appointed for nine years without the right to be re-appointed.
Judge of the Constitutional Court of Ukraine acquires authority from the day he takes the oath at a special plenary session of the Court.
The Constitutional Court of Ukraine at a special plenary meeting elects the President from among its members by secret ballot for only one three-year term.
{Article 148 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 148 – 1 . The state provides funding and appropriate conditions for the activities of the Constitutional Court of Ukraine. The State Budget of Ukraine separately defines the costs of the court, taking into account the proposals of its Chairman.
The amount of remuneration for a judge of the Constitutional Court of Ukraine is established by the law on the Constitutional Court of Ukraine.
{Constitution supplemented by article 148 – 1 according to the law № 1401-VIII от 02.06.2016 }
Article 149. The independence and inviolability of a judge of the Constitutional Court of Ukraine is guaranteed by the Constitution and laws of Ukraine.
Influence on a judge of the Constitutional Court of Ukraine in any way is prohibited.
Without the consent of the Constitutional Court of Ukraine, a judge of the Constitutional Court of Ukraine cannot be detained or held in custody or arrest until a court conviction, with the exception of the detention of a judge during or immediately after the commission of a serious or especially serious crime.
A judge of the Constitutional Court of Ukraine cannot be held responsible for voting in connection with the adoption of decisions by the court and the provision of conclusions, with the exception of a crime or disciplinary offense.
The state ensures the personal security of a judge of the Constitutional Court of Ukraine and members of his family.
{Article 149 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 149 – 1 . The powers of a judge of the Constitutional Court of Ukraine terminate in the event of:
1) expiration of his term;
2) they are seventy years old
3) termination of citizenship of Ukraine or acquisition of citizenship of another state;
4) the entry into force of a court decision declaring him missing or declaring him dead, recognition of incompetent or partially incapacitated;
5) entry into force of a guilty verdict against him for his crime;
6) death of a judge of the Constitutional Court of Ukraine.
The grounds for dismissal of a judge of the Constitutional Court of Ukraine ex officio:
1) inability to exercise one's authority for health reasons;
2) violation of incompatibility requirements;
3) commission of a substantial disciplinary offense, gross or systematic neglect, incompatible with the status of a judge of the Court or revealed its inconsistency with the position held;
4) submitting an application for his resignation or dismissal at his own request.
The decision to dismiss a judge of the Constitutional Court of Ukraine is made by the Court in less than two-thirds of its constitutional composition.
{Constitution supplemented by article 149 – 1 according to the law № 1401-VIII от 02.06.2016 }
Article 150. The powers of the Constitutional Court of Ukraine include:
1) resolving issues of compliance with the Constitution of Ukraine (constitutionality):
laws and other legal acts of the Verkhovna Rada of Ukraine;
{Official interpretation of the provisions of the second paragraph 1 parts of the first article 150 cm. in Constitutional Court Decision Number 7 rp / 2002 from 27.03.2002 }
acts of the President of Ukraine;
{The official interpretation of the provisions of the third paragraph 1 parts of the first article 150 cm. in Constitutional Court Decision Number 7 rp / 2002 from 27.03.2002 }
acts of the Cabinet of Ministers of Ukraine;
legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea;
{Paragraph of the sixth part of the first article 150 excluded by law № 1401-VIII от 02.06.2016 }
2) official interpretation of the Constitution of Ukraine;
{Paragraph 2 parts of the first article 150 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
3) exercise of other powers, stipulated by the Constitution of Ukraine.
{Part one of the article 150 supplemented by paragraph 3 in accordance with the law № 1401-VIII от 02.06.2016 }
questions, stipulated by paragraphs 1, 2 parts of the first of this article, considered on constitutional grounds: President of Ukraine; at least forty-five people's deputies of Ukraine; Supreme Court; Human Rights Commissioner of the Verkhovna Rada of Ukraine; Verkhovna Rada of the Autonomous Republic of Crimea.
{Part two of the article 150 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 151. The Constitutional Court of Ukraine at the request of the President of Ukraine or at least forty-five people's deputies of Ukraine, or the Cabinet of Ministers of Ukraine gives conclusions on the compliance of the Constitution of Ukraine with the current international treaties of Ukraine or those international treaties, which are submitted to the Verkhovna Rada of Ukraine to give consent to be bound.
The Constitutional Court of Ukraine, at the request of the President of Ukraine or at least forty-five people's deputies of Ukraine, provides conclusions on the compliance with the Constitution of Ukraine (constitutionality) of issues, proposed for the national referendum on a popular initiative.
Upon appeal of the Verkhovna Rada of Ukraine, the Constitutional Court of Ukraine gives a conclusion on compliance with the constitutional procedure for the investigation and consideration of the case on the removal of the President of Ukraine from office by impeachment.
{Article 151 as amended by the Law № 1401-VIII от 02.06.2016 }
Article 151 – 1 . The Constitutional Court of Ukraine decides on the compliance with the Constitution of Ukraine (constitutionality) the law of Ukraine on the constitutional complaint of a person, counting, that the law of Ukraine applied in the final court decision in her case contradicts the Constitution of Ukraine. A constitutional complaint may be filed if, if all other domestic remedies are exhausted.
Article 151 – 2 . Decisions and Conclusions, adopted by the Constitutional Court of Ukraine, are required, final and cannot be appealed.
{Constitution supplemented by article 151 – 2 according to the law № 1401-VIII от 02.06.2016 }
Article 152. Laws and other acts by decision of the Constitutional Court of Ukraine are recognized as unconstitutional in whole or in a separate part, if they do not comply with the Constitution of Ukraine or if the procedure for their consideration established by the Constitution of Ukraine has been violated, adoption or entry into force.
{Part one of the article 152 with changes, amended according to the Law № 1401-VIII от 02.06.2016 }
Laws, other acts or their individual provisions, declared unconstitutional, expire from the day the Constitutional Court of Ukraine adopts a decision on their unconstitutionality, unless otherwise established by the decision, but not earlier than the day of its adoption.
{Part two of the article 152 as amended by the Law № 1401-VIII от 02.06.2016 }
Material or moral damage, caused to individuals or legal entities by acts and actions, recognized unconstitutional, reimbursed by the state in the manner prescribed by law.
Article 153. The organization and activities of the Constitutional Court of Ukraine, status of judges of the Court, grounds and procedure for applying to the Court, The procedure for the consideration of cases and the enforcement of judgments of the Court is determined by the Constitution of Ukraine and the law.
{Article 153 as amended by the Law № 1401-VIII от 02.06.2016 }
Section XIII
AMENDMENTS TO THE CONSTITUTION OF UKRAINE
Article 154. A bill to amend the Constitution of Ukraine may be submitted to the Verkhovna Rada of Ukraine by the President of Ukraine or at least one third of the deputies of Ukraine from the constitutional composition of the Verkhovna Rada of Ukraine.
Article 155. The bill on amendments to the Constitution of Ukraine, except for section I “General Provisions”, section III “Elections. referendum” and section XIII “Amending the Constitution of Ukraine”, previously approved by a majority of the constitutional composition of the Verkhovna Rada of Ukraine, considered accepted, if at the next ordinary session of the Verkhovna Rada of Ukraine at least two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine voted for him.
{The official interpretation of the provisions of Article 155 cm. in Constitutional Court Decision Number 1-pn / 2016 from 15.03.2016 }
Article 156. Bill amending section I “General Provisions”, section III “Elections. referendum” and section XIII “Amending the Constitution of Ukraine” submitted to the Verkhovna Rada of Ukraine by the President of Ukraine or at least two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine and, subject to its adoption by at least two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine, approved by all-Ukrainian referendum, which is appointed by the President of Ukraine.
Resubmission of a bill amending sections I, III and XIII of this Constitution on the same issue is possible only in the Verkhovna Rada of Ukraine of the next convocation.
Article 157. Constitution of Ukraine cannot be changed, if the amendments provide for the abolition or restriction of the rights and freedoms of man and citizen, or if they are aimed at the elimination of independence or violation of the territorial integrity of Ukraine.
The Constitution of Ukraine cannot be changed in conditions of martial law or a state of emergency.
Article 158. The bill on amendments to the Constitution of Ukraine, which was considered by the Verkhovna Rada of Ukraine, and the law was not passed, may be submitted to the Verkhovna Rada of Ukraine no earlier than a year from the date of the decision on this bill.
The Verkhovna Rada of Ukraine during the term of its powers cannot twice amend the same provisions of the Constitution of Ukraine.
{The official interpretation of the provisions of the second paragraph of Article 158 cm. in Constitutional Court Decision № 8-rp / 98 from 09.06.98 }
Article 159. The bill on amendments to the Constitution of Ukraine is considered by the Verkhovna Rada of Ukraine in the presence of the conclusion of the Constitutional Court of Ukraine on the compliance of the bill with the requirements articles 157 and 158 of this Constitution.
{The official interpretation of article 159 cm. in Constitutional Court Decision № 8-rp / 98 from 09.06.98 }
Section XIV
Final provisions
Article 160. The Constitution of Ukraine shall enter into force on the day of its adoption..
{The official interpretation of article 160 cm. in Constitutional Court Decision № from 4-sn 03.10.97 }
Article 161. The adoption of the Constitution of Ukraine is a public holiday – Constitution Day of Ukraine.
Section XV
Transitional provisions
- Laws and other regulatory acts, adopted before the entry into force of this Constitution, are valid in part, not contrary to the Constitution of Ukraine.
- The Verkhovna Rada of Ukraine, after the adoption of the Constitution of Ukraine, exercises authority, provided for by this Constitution.
Regular elections to the Verkhovna Rada of Ukraine are held in March 1998 of the year.
{The official interpretation of the paragraph 2 Transitional provisions see. in Constitutional Court Decision № sn-1 from 13.05.97 }
- Regular elections of the President of Ukraine are held on the last Sunday of October 1999 of the year.
- The President of Ukraine, within three years after the entry into force of the Constitution of Ukraine, has the right to issue decrees on economic issues approved by the Cabinet of Ministers of Ukraine and affixed by the signature of the Prime Minister of Ukraine, unregulated, with the simultaneous submission of the relevant bill to the Verkhovna Rada of Ukraine in the manner, established article 93of this constitution.
Such a decree of the President of Ukraine enters into force., if, within thirty calendar days from the day the bill is submitted (excluding intersessional days) The Verkhovna Rada of Ukraine will not pass the law or reject the bill submitted by the majority from its constitutional composition, and is valid until the entry into force of the law, adopted by the Supreme Council of Ukraine on these issues.
- The Cabinet of Ministers of Ukraine is formed in accordance with this Constitution within three months after entry into force.
- The Constitutional Court of Ukraine is formed in accordance with this Constitution within three months after entry into force. Prior to the creation of the Constitutional Court of Ukraine, the interpretation of laws shall be carried out by the Verkhovna Rada of Ukraine.
- The heads of local state administrations after the entry into force of this Constitution acquire the status of heads of local state administrations in accordance with article 118of this constitution, and after the election of the chairpersons of the respective councils, the powers of the chairpersons of these councils are laid down.
- Rural, township, after the entry into force of the Constitution of Ukraine, city councils and the chairmen of these councils exercise the powers defined by it until the election of a new composition of these councils in March 1998 of the year.
District and regional councils, elected before the entry into force of this Constitution, exercise the powers defined by it until the formation of a new composition of these councils in accordance with the Constitution of Ukraine.
The city councils and chairpersons of these councils, after the entry into force of this Constitution, exercise their powers in accordance with the law..
- The prosecutor's office continues to fulfill the function of pre-trial investigation in accordance with applicable laws until the functioning of the authorities, by which the law will transfer the relevant functions, as well as the function of supervising the observance of laws in the execution of court decisions in criminal matters, when applying other coercive measures, related to the restriction of personal freedom of citizens, – pending the entry into force of the law on the establishment of a dual system of regular prison inspections.
{Paragraph 9 Section XV as amended by the Law № 1401-VIII от 02.06.2016 }
- Before laws are passed, determining the features of the exercise of executive power in the cities of Kiev and Sevastopol in accordance with article 118of this constitution, executive power in these cities is exercised by the relevant state administrations.
- Part one of the article 99of this Constitution comes into force after the introduction of the national currency – hryvnia.
- The Supreme Court of Ukraine and the Supreme Arbitration Court of Ukraine exercise their powers in accordance with the current legislation of Ukraine until the formation of a system of courts of general jurisdiction in Ukraine in accordance with article 125of this constitution, but not more than five years.
Judges of all courts in Ukraine, elected or appointed before the entry into force of this Constitution, continue to exercise their powers in accordance with applicable law until the deadline, to which they are elected or appointed.
Judges, whose powers expired on the day this Constitution comes into force, continue to exercise their powers for one year.
- For five years after the entry into force of this Constitution, the existing procedure for arrest, detention and detention of persons, suspects, as well as the procedure for inspection and search of the home or other property of a person.
{Paragraph 14 Section XV is excluded by Law № 2680-VIII от 07.02.2019 }
- Regular elections to the Verkhovna Rada of Ukraine after the restoration of the provisions of the Constitution of Ukraine as amended by 28 June 1996 years to decision of the Constitutional Court of Ukraine from 30 September 2010 year number 20-rp / 2010in the case of compliance with the procedure for amending the Constitution of Ukraine are held on the last Sunday of October 2012 of the year.
{Section XV is supplemented by paragraph 15 according to Law № 2952-VI of 01.02.2011 }
- Regular elections of the President of Ukraine after the restoration of the provisions of the Constitution of Ukraine as amended by 28 June 1996 years to decision of the Constitutional Court of Ukraine from 30 September 2010 year number 20-rp / 2010in the case of compliance with the procedure for amending the Constitution of Ukraine are held on the last Sunday of March 2015 of the year.
{Section XV is supplemented by paragraph 16 according to Law № 2952-VI of 01.02.2011 }
16 – 1 . From the date of entry into force Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”:
1) Prior to the formation of the High Council of Justice, its authority is exercised by the High Council of Justice. The High Council of Justice is formed through the reorganization of the High Council of Justice. Until the election (destination) members of the High Council of Justice, this body acts as a member of the High Council of Justice for the duration of their term of office, but which cannot last longer, than before 30 April 2019 of the year. Election (the appointment) members of the High Council of Justice no later than 30 April 2019;
2) powers of judges, appointed for a term of five years, expire, to which they were assigned. Such judges may be appointed as judges in the manner, defined by law;
3) judges, elected by judges indefinitely, continue to exercise their powers until the dismissal or termination of their powers on the grounds, defined by the Constitution of Ukraine;
4) correspondence of the position of judge, who is appointed to the post for a term of five years or is elected a judge indefinitely until entry into force Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”, must be evaluated in order, defined by law. Identification of the judge’s inconsistency of the position according to the criteria of competency based on the results of such an assessment, professional ethics or virtue or the judge's refusal from such an assessment is the basis for the dismissal of the judge. The procedure and exhaustive grounds for appealing against the decision to dismiss a judge based on the results of the assessment are established by law;
5) in cases of reorganization or liquidation of individual vessels, educated before entry into force Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”, judges of such courts have the right to submit a letter of resignation or an application for participation in a competition for another position of a judge in the manner , defined by law. Features of the transfer of a judge to a position in another court may be determined by law;
6) before the introduction of a new administrative-territorial structure of Ukraine in accordance with amendments to the Constitution of Ukraine regarding decentralization of power, but no more than 31 December 2017 of the year, creating, the reorganization and liquidation of ships is carried out by the President of Ukraine on the basis and in the manner, determined by law;
7) within two years, the transfer of a judge from one court to another is carried out by the President of Ukraine on the basis of an appropriate submission by the High Council of Justice;
8) judges of the Constitutional Court of Ukraine, designated prior to entry into force Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”, continue to exercise their powers until the termination of powers or dismissal in the manner, stipulated article 149 – 1 Constitution of Ukraine, non-reappointment . The powers of a judge of the Constitutional Court of Ukraine, which on the day the Law of Ukraine comes into force “On amendments to the Constitution of Ukraine (regarding justice)” reached sixty five years old, but the decision to dismiss such a judge was not made, cease;
9) representation in accordance with the law by the public prosecutor’s office in the courts, production of which was started before the entry into force Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”, carried out according to the rules, effective prior to entry into force, – pending final court decisions in relevant cases, non-appealable
10) Prosecutor General of Ukraine, appointed to the post before the entry into force of the Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”, exercises the powers of the Prosecutor General before dismissal in the prescribed manner, but no longer than term, to which he was appointed, but cannot hold office for two consecutive terms;
11) representation in accordance with paragraph 3 parts of the first article 131 – 1 and articles 131 – 2of this Constitution exclusively by prosecutors or lawyers in the Supreme Court and courts of cassation is carried out with 1 January 2017; in the courts of appeal – with 1 January 2018; in the courts of first instance – with 1 January 2019 of the year.
Representation of state authorities and local self-government bodies in courts exclusively by prosecutors or lawyers is carried out with 1 January 2020 of the year.
Representation in court in trials, started before entry into force Law of Ukraine “On amendments to the Constitution of Ukraine (regarding justice)”, carried out according to the rules, effective prior to entry into force, – pending final court decisions in relevant cases, non-appealable .
{Section XV is supplemented by paragraph 16 – 1 according to the law № 1401-VIII от 02.06.2016 }
***
The Constitution of Ukraine
adopted at the fifth session of the Verkhovna Rada of Ukraine
28 June 1996
Publication author
