The Verkhovna Rada of Ukraine, on behalf of the Ukrainian people—citizens of Ukraine of all nationalities,
© Oxford University Press, Inc.
Amendment translated by Max Planck Institute
The Verkhovna Rada of Ukraine, on behalf of the Ukrainian people—citizens of Ukraine of all nationalities,
expressing the sovereign will of the people,
based on the centuries-old history of Ukrainian state-building and on the right to self- determination realized by the Ukrainian nation, all the Ukrainian people,
providing for the guarantee of human rights and freedoms and of the worthy conditions of human life,
caring for the strengthening of civil harmony on Ukrainian soil,
striving to develop and strengthen a democratic, social, law-based state,
aware of our responsibility before God, our own conscience, past, present and future generations,
guided by the Act of Declaration of the Independence of Ukraine of 24 August 1991, approved by the national vote of 1 December 1991,
adopts this Constitution—the Fundamental Law of Ukraine.
Ukraine is a sovereign and independent, democratic, social, law-based state.
The sovereignty of Ukraine extends throughout its entire territory.
Ukraine is a unitary state.
The territory of Ukraine within its present border is indivisible and inviolable.
The human being, his or her life and health, honor 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 orientation of the activity of the State. The State is answerable to the individual for its activity. To affirm and ensure human rights and freedoms is the main duty of the State.
There is single citizenship in Ukraine. The grounds for the acquisition and termination of Ukrainian citizenship are determined by law.
Ukraine is a republic.
The people are the bearers of sovereignty and the only source of power in Ukraine. The people exercise power directly and through bodies of state power and bodies of local self-government.
The right to determine and change the constitutional order in Ukraine belongs exclusively to the people and shall not be usurped by the State, its bodies or officials.
No one shall usurp state power.
State power in Ukraine is exercised on the principles of its division into legislative, executive and judicial power.
Bodies of legislative, executive and judicial power exercise their authority within the limits established by this Constitution and in accordance with the laws of Ukraine.
In Ukraine, local self-government is recognized and guaranteed.
In Ukraine, the principle of the rule of law is recognized and effective.
The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and shall conform to it.
The norms of the Constitution of Ukraine are norms of direct effect. Appeals to the court in defense of the constitutional rights and freedoms of the individual and citizen directly on the grounds of the Constitution of Ukraine are guaranteed.
International treaties that are in force, [and] agreed to be binding by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine.
The conclusion of international treaties that contravene the Constitution of Ukraine is possible only after introducing relevant amendments to the Constitution of Ukraine.
The state language of Ukraine is the Ukrainian language.
The State ensures the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine.
In Ukraine, the free development, use and protection of Russian, and other languages of national minorities of Ukraine, is guaranteed.
The State promotes the learning of languages of international communication.
The use of languages in Ukraine is guaranteed by the Constitution of Ukraine and is determined by law.
The State promotes the consolidation and development of the Ukrainian nation, of its historical consciousness, traditions and culture, and also the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and national minorities of Ukraine.
Ukraine provides for the satisfaction of national, cultural and linguistic needs of Ukrainians residing beyond the borders of the State.
The land, its mineral wealth, atmosphere, water and other natural resources within the territory of Ukraine, the natural resources of its continental shelf, and the exclusive (maritime) economic zone, are objects of the right of property of the Ukrainian people. Ownership rights on behalf of the Ukrainian people are exercised by bodies of state power and bodies of local self-government within the limits determined by this Constitution.
Every citizen has the right to utilize the natural objects of the people’s right of property in accordance with the law.
Property entails responsibility. Property shall not be used to the detriment of the person and society.
The State ensures the protection of the rights of all subjects of the right of property and economic management, and the social orientation of the economy. All subjects of the right of property are equal before the law.
Land is the fundamental national wealth that is under special state protection.
The right of property to land is guaranteed. This right is acquired and realized by citizens, legal persons and the State, exclusively in accordance with the law.
Social life in Ukraine is based on the principles of political, economic and ideological diversity.
No ideology shall be recognized by the State as mandatory.
Censorship is prohibited.
The State guarantees freedom of political activity not prohibited by the Constitution and the laws of Ukraine.
To ensure ecological safety and to maintain the ecological balance on the territory of Ukraine, to overcome the consequences of the Chornobyl [Chernobyl] catastrophe—a catastrophe of global scale, and to preserve the gene pool of the Ukrainian people, is the duty of the State.
To protect the sovereignty and territorial indivisibility of Ukraine, and to ensure its economic and informational security are the most important functions of the State and a matter of concern for all the Ukrainian people.
The defense of Ukraine and the protection of its sovereignty, territorial indivisibility and inviolability, are entrusted to the Armed Forces of Ukraine.
Ensuring state security and protecting the state border of Ukraine are entrusted to the respective military formations and law enforcement bodies of the State, whose organization and operational procedure are determined by law.
The Armed Forces of Ukraine and other military formations shall not be used by anyone to restrict the rights and freedoms of citizens or with the intent to overthrow the constitutional order, subvert the bodies of power or obstruct their activity.
The State ensures the social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and in other military formations as well as of members of their families.
The creation and operation of any armed formations not envisaged by law are prohibited on the territory of Ukraine.
The location of foreign military bases shall not be permitted on the territory of Ukraine.
The foreign political activity of Ukraine is aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial co-operation with members of the international community, according to generally acknowledged principles and norms of international law.
The legal order in Ukraine is based on the principles according to which no one shall be forced to do what is not envisaged by legislation.
Bodies of state power and bodies of local self-government and their officials are obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and the laws of Ukraine.
The state symbols of Ukraine are the State Flag of Ukraine, the State Coat of Arms of Ukraine and the State Anthem of Ukraine.
The State Flag of Ukraine is a banner of two equally-sized horizontal bands of blue and yellow.
The Great State Coat of Arms of Ukraine shall be established with the consideration of the Small State Coat of Arms of Ukraine and the Coat of Arms of the Zaporozhian Host, by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The main element of the Great State Coat of Arms of Ukraine is the Emblem of the Royal State of Volodymyr the Great (the Small State Coat of Arms of Ukraine).
The State Anthem of Ukraine is the national anthem set to the music of M. Verbytskyi, with words that are confirmed by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The description of the state symbols of Ukraine and the procedure for their use shall be established by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.
The capital of Ukraine is the City of Kyiv.
All people are free and equal in their dignity and rights.
Human rights and freedoms are inalienable and inviolable.
Human and citizens’ rights and freedoms affirmed by this Constitution are not exhaustive.
Constitutional rights and freedoms are guaranteed and shall not be abolished.
The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force.
Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured.
Citizens have equal constitutional rights and freedoms and are equal before the law.
There shall be no privileges or restrictions based on race, color of skin, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics.
Equality of the rights of women and men is ensured: by providing women with opportunities equal to those of men, in public and political, and cultural activity, in obtaining education and in professional training, in work and its remuneration; by special measures for the protection of work and health of women; by establishing pension privileges, by creating conditions that allow women to combine work and motherhood; by legal protection, material and moral support of motherhood and childhood, including the provision of paid leaves and other privileges to pregnant women and mothers.
A citizen of Ukraine shall not be deprived of citizenship and of the right to change citizenship.
A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state.
Ukraine guarantees care and protection to its citizens who are beyond its borders.
Foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.
Foreigners and stateless persons may be granted asylum by the procedure established by law.
Every person has the inalienable right to life.
No one shall be arbitrarily deprived of life. The duty of the State is to protect human life.
Everyone has the right to protect his or her life and health, the lives and health of other persons against unlawful encroachments.
Everyone has the right to respect of his or her dignity.
No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity.
No person shall be subjected to medical, scientific or other experiments without his or her free consent.
Every person has the right to freedom and personal inviolability.
No one shall be arrested or held in custody other than pursuant to a substantiated court decision and only on the grounds and in accordance with the procedure established by law.
In the event of an urgent necessity to prevent or stop a crime, bodies authorized by law may hold a person in custody as a temporary preventive measure, the reasonable grounds for which shall be verified by a court within seventy-two hours. The detained person shall be released immediately, if he or she has not been provided, within seventy-two hours from the moment of detention, with a substantiated court decision in regard to the holding in custody.
Everyone arrested or detained shall be informed without delay of the reasons for his or her arrest or detention, apprised [sic] of his or her rights, and from the moment of detention shall be given the opportunity to personally defend himself or herself, or to have the legal assistance of a defender.
Everyone detained has the right to challenge his or her detention in court at any time.
Relatives of an arrested or detained person shall be informed immediately of his or her arrest or detention.
Everyone is guaranteed the inviolability of his or her dwelling place.
Entry into a dwelling place or other possessions of a person, and the examination or search thereof, shall not be permitted, other than pursuant to a substantiated court decision.
In urgent cases related to the preservation of human life and property or to the direct pursuit of persons suspected of committing a crime, another procedure established by law is possible for entry into a dwelling place or other possessions of a person, and for the examination and search thereof.
Everyone is guaranteed privacy of mail, telephone conversations, telegraph and other correspondence. Exceptions shall be established only by a court in cases envisaged by law, with the purpose of preventing crime or ascertaining the truth in the course of the investigation of a criminal case, if it is not possible to obtain information by other means.
No one shall be subject to interference in his or her personal and family life, except in cases envisaged by the Constitution of Ukraine.
The collection, storage, use and dissemination of confidential information about a person without his or her consent shall not be permitted, except in cases determined by law, and only in the interests of national security, economic welfare and human rights.
Every citizen has the right to examine information about himself or herself, that is not a state secret or other secret protected by law, at the bodies of state power, bodies of local self-government, institutions and organizations.
Everyone is guaranteed judicial protection of the right to rectify incorrect information about himself or herself and members of his or her family, and of the right to demand that any type of information be expunged, and also the right to compensation for material and moral damages inflicted by the collection, storage, use and dissemination of such incorrect information.
Everyone who is legally present on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law.
A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time.
Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs.
Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice.
The exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice.
Everyone has the right to freedom of personal philosophy and religion. This right includes the freedom to profess or not to profess any religion, to perform alone or collectively and without constraint religious rites and ceremonial rituals, and to conduct religious activity.
The exercise of this right may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons.
The Church and religious organizations in Ukraine are separated from the State, and the school—from the Church. No religion shall be recognized by the State as mandatory.
No one shall be relieved of his or her duties before the State or refuse to perform the laws for reasons of religious beliefs. In the event that the performance of military duty is contrary to the religious beliefs of a citizen, the performance of this duty shall be replaced by alternative (non-military) service.
Citizens of Ukraine have the right to freedom of association in political parties and public organizations for the exercise and protection of their rights and freedoms and for the satisfaction of their political, economic, social, cultural and other interests, with the exception of restrictions established by law in the interests of national security and public order, the protection of the health of the population or the protection of rights and freedoms of other persons.
Political parties in Ukraine promote the formation and expression of the political will of citizens, and participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties are established exclusively by this Constitution and the laws of Ukraine.
Citizens have the right to take part in trade unions with the purpose of protecting their labor and socio-economic rights and interests. Trade unions are public organizations that unite citizens bound by common interests that accord with the nature of their professional activity. Trade unions are formed without prior permission on the basis of the free choice of their members. All trade unions have equal rights. Restrictions on membership in trade unions are established exclusively by this Constitution and the laws of Ukraine.
No one may be forced to join any association of citizens or be restricted in his or her rights for belonging or not belonging to political parties or public organizations.
All associations of citizens are equal before the law.
The establishment and activity of political parties and public associations are prohibited if their program goals or actions are aimed at the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of state power, the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachments on human rights and freedoms and the health of the population.
Political parties and public associations shall not have paramilitary formations.
The creation and activity of organizational structures of political parties shall not be permitted within bodies of executive and judicial power and executive bodies of local self-government, in military formations, and also in state enterprises, educational establishments and other state institutions and organizations.
The prohibition of the activity of associations of citizens is exercised only through judicial procedure.
Citizens have the right to participate in the administration of state affairs, in All-Ukrainian and local referendums, to freely elect and to be elected to bodies of state power and bodies of local self-government.
Citizens enjoy the equal right of access to the civil service and to service in bodies of local self-government.
Citizens have the right to assemble peacefully without arms and to hold meetings, rallies, processions and demonstrations, upon notifying in advance the bodies of executive power or bodies of local self-government.
Restrictions on the exercise of this right may be established by a court in accordance with the law and only in the interests of national security and public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, or protecting the rights and freedoms of other persons.
Everyone has the right to file individual or collective petitions, or to personally appeal to bodies of state power, bodies of local self-government, and to the officials and officers of these bodies, that are obliged to consider the petitions and to provide a substantiated reply within the term established by law.
Everyone has the right to own, use and dispose of his or her property, and the results of his or her intellectual and creative activity.
The right of private property is acquired by the procedure determined by law.
In order to satisfy their needs, citizens may use the objects of the right of state and communal property in accordance with the law.
No one shall be unlawfully deprived of the right of property. The right of private property is inviolable.
The expropriation of objects of the right of private property may be applied only as an exception for reasons of social necessity, on the grounds of and by the procedure established by law, and on the condition of advance and complete compensation of their value. The expropriation of such objects with subsequent complete compensation of their value is permitted only under conditions of martial law or a state of emergency.
Confiscation of property may be applied only pursuant to a court decision, in the cases, in the extent and by the procedure established by law.
The use of property shall not cause harm to the rights, freedoms and dignity of citizens, the interests of society, aggravate the ecological situation and the natural qualities of land.
Everyone has the right to entrepreneurial activity that is not prohibited by law.
The entrepreneurial activity of deputies, officials and officers of bodies of state power and of bodies of local self-government is restricted by law.
The State ensures the protection of competition in entrepreneurial activity. The abuse of a monopolistic position in the market, the unlawful restriction of competition, and unfair competition, shall not be permitted. The types and limits of monopolies are determined by law.
The State protects the rights of consumers, exercises control over the quality and safety of products and of all types of services and work, and promotes the activity of public consumer associations.
Everyone has the right to labor, including the possibility to earn one’s living by labor that he or she freely chooses or to which he or she freely agrees.
The State creates conditions for citizens to fully realize their right to labor, guarantees equal opportunities in the choice of profession and of types of labor activity, implements programs of vocational education, training and retraining of personnel according to the needs of society.
The use of forced labor is prohibited. Military or alternative (non-military) service, and also work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the laws on martial law or on a state of emergency, are not considered to be forced labor.
Everyone has the right to proper, safe and healthy work conditions, and to remuneration no less than the minimum wage as determined by law. The employment of women and minors for work that is hazardous to their health, is prohibited.
Citizens are guaranteed protection from unlawful dismissal.
The right to timely payment for labor is protected by law.
Those who are employed have the right to strike for the protection of their economic and social interests.
The procedure for exercising the right to strike is established by law, taking into account the necessity to ensure national security, health protection, and rights and freedoms of other persons.
No one shall be forced to participate or not to participate in a strike.
The prohibition of a strike is possible only on the basis of the law.
Everyone who is employed has the right to rest.
This right is ensured by providing weekly rest days and also paid annual vacation, by establishing a shorter working day for certain professions and industries, and reduced working hours at night.
The maximum number of working hours, the minimum duration of rest and of paid annual vacation, days off and holidays as well as other conditions for exercising this right, are determined by law.
Citizens have the right to social protection that includes the right to provision in cases of complete, partial or temporary disability, the loss of the principal wage-earner, unemployment due to circumstances beyond their control and also in old age, and in other cases established by law.
This right is guaranteed by general mandatory state social insurance on account of the insurance payments of citizens, enterprises, institutions and organizations, and also from budgetary and other sources of social security; by the establishment of a network of state, communal and private institutions to care for persons incapable of work.
Pensions and other types of social payments and assistance that are the principal sources of subsistence, shall ensure a standard of living not lower than the minimum living standard established by law.
Everyone has the right to housing. The State creates conditions that enable every citizen to build, purchase as property, or to rent housing.
Citizens in need of social protection are provided with housing by the State and bodies of local self-government, free of charge or at a price affordable for them, in accordance with the law.
No one shall be forcibly deprived of housing other than on the basis of the law pursuant to a court decision.
Everyone has the right to a standard of living sufficient for himself or herself and his or her family that includes adequate nutrition, clothing and housing.
Everyone has the right to health protection, medical care and medical insurance.
Health protection is ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prophylactic programs.
The State creates conditions for effective medical service accessible to all citizens. State and communal health protection institutions provide medical care free of charge; the existing network of such institutions shall not be reduced. The State promotes the development of medical institutions of all forms of ownership.
The State provides for the development of physical culture and sports, and ensures sanitary-epidemic welfare.
Everyone has the right to an environment that is safe for life and health, and to compensation for damages inflicted through the violation of this right.
Everyone is guaranteed the right of free access to information about the environmental situation, the quality of food and consumer goods, and also the right to disseminate such information. No one shall make such information secret.
Marriage is based on the free consent of a woman and a man. Each of the spouses has equal rights and duties in the marriage and family.
Parents are obliged to support their children until they attain the age of majority. Adult children are obliged to care for their parents who are incapable of work.
The family, childhood, motherhood and fatherhood are under the protection of the State.
Children are equal in their rights regardless of their origin and whether they are born in or out of wedlock.
Any violence against a child, or his or her exploitation, shall be prosecuted by law.
The maintenance and upbringing of orphans and children deprived of parental care is entrusted to the State. The State encourages and supports charitable activity in regard to children.
Everyone has the right to education.
Complete general secondary education is compulsory.
The State ensures accessible and free pre-school, complete general secondary, vocational and higher education in state and communal educational establishments; the development of pre-school, complete general secondary, extra-curricular, vocational, higher and postgraduate education, various forms of instruction; the provision of state scholarships and privileges to pupils and students.
Citizens have the right to obtain free higher education in state and communal educational establishments on a competitive basis.
Citizens who belong to national minorities are guaranteed in accordance with the law the right to receive instruction in their native language, or to study their native language in state and communal educational establishment and through national cultural societies.
Citizens are guaranteed the freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, their copyrights, moral and material interests that arise with regard to various types of intellectual activity.
Every citizen has the right to the results of his or her intellectual, creative activity; no one shall use or distribute them without his or her consent, with the exceptions established by law.
The State promotes the development of science and the establishment of scientific relations of Ukraine with the world community.
Cultural heritage is protected by law.
The State ensures the preservation of historical monuments and other objects of cultural value, and takes measures to return to Ukraine the cultural treasures of the nation, that are located beyond its borders.
Human and citizens’ rights and freedoms are protected by the court.
Everyone is guaranteed the right to challenge in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers.
Everyone has the right to appeal for the protection of his or her rights to the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine.
After exhausting all domestic legal remedies, everyone has the right to appeal for the protection of his or her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organizations of which Ukraine is a member or participant.
Everyone has the right to protect his or her rights and freedoms from violations and illegal encroachments by any means not prohibited by law.
Everyone has the right to compensation, at the expense of the State or bodies of local self-government, for material and moral damages inflicted by unlawful decisions, actions or omission of bodies of state power, bodies of local self-government, their officials and officers during the exercise of their authority.
Everyone is guaranteed the right to know his or her rights and duties.
Laws and other normative legal acts that determine the rights and duties of citizens shall be brought to the notice of the population by the procedure established by law.
Laws and other normative legal acts that determine the rights and duties of citizens, but that are not brought to the notice of the population by the procedure established by law, are not in force.
Laws and other normative legal acts have no retroactive force, except in cases where they mitigate or annul the responsibility of a person.
No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offense.
Everyone has the right to legal assistance. Such assistance is provided free of charge in cases envisaged by law. Everyone is free to choose the defender of his or her rights.
In Ukraine, the advocacy acts to ensure the right to a defense against accusation and to provide legal assistance in deciding cases in courts and other state bodies.
No one is obliged to execute rulings or orders that are manifestly criminal.
For the issuance or execution of a manifestly criminal ruling or order, legal liability arises.
For one and the same offense, no one shall be brought twice to legal liability of the same type.
The legal liability of a person is of an individual character.
A person is presumed innocent of committing a crime and shall not be subjected to criminal punishment until his or her guilt is proved through legal procedure and established by a court verdict of guilty.
No one is obliged to prove his or her innocence of committing a crime.
An accusation shall not be based on illegally obtained evidence as well as on assumptions. All doubts in regard to the proof of guilt of a person are interpreted in his or her favor.
In the event that a court verdict is revoked as unjust, the State compensates the material and moral damages inflicted by the groundless conviction.
A person shall not bear responsibility for refusing to testify or to explain anything about himself or herself, members of his or her family or close relatives in the degree determined by law.
A suspect, an accused, or a defendant has the right to a defense.
A convicted person enjoys all human and citizens’ rights, with the exception of restrictions determined by law and established by a court verdict.
Constitutional human and citizens’ rights and freedoms shall not be restricted, except in cases envisaged by the Constitution of Ukraine.
Under conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effectiveness of these restrictions. The rights and freedoms envisaged in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Constitution shall not be restricted.
Defense of the Motherland, of the independence and territorial indivisibility of Ukraine, and respect for its state symbols, are the duties of citizens of Ukraine.
Citizens perform military service in accordance with the law.
Everyone is obliged not to harm nature, cultural heritage and to compensate for any damage he or she inflicted.
Everyone is obliged to pay taxes and levies in accordance with the procedure and in the extent established by law.
All citizens annually file declarations with the tax inspection at their place of residence, on their property status and income for the previous year, by the procedure established by law.
Everyone is obliged to strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the rights and freedoms, honor and dignity of other persons.
Ignorance of the law shall not exempt [a person] from legal liability.
The expression of the will of the people is exercised through elections, referendum and other forms of direct democracy.
Citizens of Ukraine who have attained the age of eighteen on the day elections and referendums are held, have the right to vote at the elections and referendums.
Citizens deemed by a court to be incompetent do not have the right to vote.
Elections to bodies of state power and bodies of local self-government are free and are held on the basis of universal, equal and direct suffrage, by secret ballot.
Voters are guaranteed the free expression of their will.
An All-Ukrainian referendum is designated by the Verkhovna Rada of Ukraine or by the President of Ukraine, in accordance with their authority established by this Constitution.
An All-Ukrainian referendum is called on popular initiative on the request of no less than three million citizens of Ukraine who have the right to vote, on the condition that the signatures in favor of designating the referendum have been collected in no less than two- thirds of the oblasts, with no less than 100,000 signatures in each oblast.
Issues of altering the territory of Ukraine are resolved exclusively by an All-Ukrainian referendum.
A referendum shall not be permitted in regard to draft laws on issues of taxes, the budget and amnesty.
The sole body of legislative power in Ukraine is the Parliament—the Verkhovna Rada of Ukraine.
The constitutional membership of the Verkhovna Rada of Ukraine is 450 National Deputies of Ukraine who are elected on the basis of universal, equal and direct suffrage, by secret ballot.
Any citizen of Ukraine who has attained the age of twenty-one on the day of the elections, has the right to vote, and has resided in Ukraine for the past five years, shall be eligible to be elected a National Deputy of Ukraine.
A citizen who has a criminal record for committing an intentional crime shall not be eligible to be elected to the Verkhovna Rada of Ukraine if the record has not been cancelled and erased under the procedure established by law.
The powers of National Deputies of Ukraine are determined by the Constitution and laws of Ukraine.
The Verkhovna Rada of Ukraine is elected for a term of five years.
Regular elections to the Verkhovna Rada of Ukraine take place on the last Sunday of the last month of the fifth year of the duration of the Verkhovna Rada of Ukraine.
Special elections to the Verkhovna Rada of Ukraine are designated by the President of Ukraine and are held within sixty days from the day of the publication of the decision on the pre-term termination of authority of the Verkhovna Rada of Ukraine.
The procedure for conducting elections of National Deputies of Ukraine is established by law.
National Deputies of Ukraine exercise their powers on a permanent basis.
A National Deputy of Ukraine shall not have any other representative mandate, work in the civil service, hold any other paid offices, carry out gainful or business activity (with the exception of teaching, scientific, and creative activities), or serve as a member of the administration/governing body of a profit-seeking enterprise or organization.
Requirements concerning the incompatibility of the deputy’s mandate with other types of activity are established by law.
Where there emerge circumstances preventing the National Deputy of Ukraine from fulfilling a requirement concerning incompatibility of the deputy’s mandate with other types of activity, the National Deputy of Ukraine shall within twenty days from the date of the emergence of such circumstances withdraw from the business concerned or apply personally for divesting himself or herself of National Deputy powers.
Before assuming office, National Deputies of Ukraine take the following oath before the Verkhovna Rada of Ukraine:
“I swear allegiance to Ukraine. I commit myself with all my deeds to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and for the welfare of the Ukrainian people.
I swear to abide by the Constitution of Ukraine and the laws of Ukraine, to carry out my duties in the interests of all compatriots.”
The oath is read by the eldest National Deputy of Ukraine before the opening of the first session of the newly-elected Verkhovna Rada of Ukraine, after which the deputies affirm the oath with their signatures below its text.
The refusal to take the oath results in the loss of the mandate of the deputy.
The authority of National Deputies of Ukraine commences from the moment of the taking of the oath.
National Deputies of Ukraine are guaranteed parliamentary immunity.
National Deputies of Ukraine are not legally liable for the results of voting or for statements made in Parliament and in its bodies, with the exception of liability for insult or defamation.
National Deputies of Ukraine shall not be held criminally liable, detained or arrested without the consent of the Verkhovna Rada of Ukraine.
Powers of National Deputies of Ukraine shall terminate simultaneously with the termination of powers of the Verkhovna Rada of Ukraine.
Powers of a National Deputy of Ukraine shall terminate prior to the expiration of his or her term in office in the event of:
The pre-term termination of powers a National Deputy of Ukraine shall also be caused by the early termination, under the Constitution of Ukraine, of powers of the Verkhovna
Rada of Ukraine, with such termination of the Deputy’s powers taking effect on the date when the Verkhovna Rada of Ukraine of a new convocation opens its first meeting.
A decision on early termination of powers a National Deputy of Ukraine on grounds referred to in subparagraphs (1), (4) of the second paragraph of this Article shall fall within the competence the Verkhovna Rada of Ukraine, while the ground referred to in subparagraph (5) of the second paragraph of this Article shall be a matter to be decided by a court.
Where a guilty verdict against a National Deputy of Ukraine enters into legal force or where a court declares a National Deputy of Ukraine incapacitated or missing, his or her powers terminate on the date when the court decision becomes legally effective, while in the event of the Deputy’s death termination occurs on the date of his or her death as certified by the relevant document.
Where a National Deputy of Ukraine, having been elected on the list of a political party (an electoral bloc of political parties), fails to join the parliamentary group representing the aforesaid political party (the aforesaid electoral bloc of political parties) or withdraws from such group, the highest steering body of the respective political party (electoral bloc of political parties) shall decide whether to terminate early his or her powers in accordance with the law, with the termination taking effect on the date of such a decision.
The Verkhovna Rada of Ukraine works in sessions.
The Verkhovna Rada of Ukraine is competent on the condition that no less than two- thirds of its constitutional membership has been elected.
The Verkhovna Rada of Ukraine assembles for its first session no later than on the thirtieth day after the official announcement of the election results.
The first meeting of the Verkhovna Rada of Ukraine is opened by the eldest National Deputy of Ukraine.
Regular sessions of the Verkhovna Rada of Ukraine commence on the first Tuesday of February and on the first Tuesday of September each year.
Special sessions of the Verkhovna Rada of Ukraine, with the stipulation of their agenda, are convoked by the Chairperson of the Verkhovna Rada of Ukraine, on the demand of the President of Ukraine or on the demand of no fewer National Deputies of Ukraine than one-third of the constitutional membership of the Verkhovna Rada of Ukraine.
In the event that the President of Ukraine declares, by proclaiming a decree, a state of martial law or of emergency upon the whole territory of Ukraine or in some areas of the State, the Verkhovna Rada of Ukraine shall assemble within two days without convocation.
In the event that the term of powers of the Verkhovna Rada of Ukraine expires while a state of martial law or of emergency is in effect, its powers are extended until the day when the Verkhovna Rada of Ukraine elected after the cancellation of the state of martial law or of emergency convenes its first meeting of the first session.
Rules on the conduct of work of the Verkhovna Rada of Ukraine shall be laid down in the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.
According to election results and on the basis of a common ground achieved between the various political forces, a coalition of parliamentary groups shall be formed in the Verkhovna Rada of Ukraine to include a majority of National Deputies of Ukraine within the constitutional membership of the Verkhovna Rada of Ukraine.
A coalition of parliamentary groups in the Verkhovna Rada of Ukraine shall be formed within a month from the date of the first meeting of the Verkhovna Rada of Ukraine to be held following regular or special elections to the Verkhovna Rada of Ukraine, or within a month from the date when activities of a coalition of parliamentary factions in the Verkhovna Rada of Ukraine terminated.
A coalition of parliamentary groups in the Verkhovna Rada of Ukraine submits to the President of Ukraine, in accordance with this Constitution, proposals concerning a person’s candidature for the office of the Prime Minister of Ukraine and also, in accordance with this Constitution, proposes candidates for the membership of the Cabinet of Ministers of Ukraine.
Frameworks for forming, organizing, and terminating activities of a coalition of parliamentary groups in the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.
A parliamentary group in the Verkhovna Rada of Ukraine whose members make up a majority of National Deputies of Ukraine within the constitutional membership of the Verkhovna Rada of Ukraine shall enjoy the same rights under this Constitution as a coalition of parliamentary factions in the Verkhovna Rada of Ukraine.
Meetings of the Verkhovna Rada of Ukraine are conducted openly. A closed meeting is conducted on the decision of the majority of the constitutional composition of the Verkhovna Rada of Ukraine.
Decisions of the Verkhovna Rada of Ukraine are adopted exclusively at its plenary meetings by voting.
Voting at the meetings of the Verkhovna Rada of Ukraine is performed by a National Deputy of Ukraine in person.
Powers of the Verkhovna Rada of Ukraine shall include:
The Verkhovna Rada of Ukraine shall also exercise any other powers falling within its competence under the Constitution of Ukraine.
At a session of the Verkhovna Rada of Ukraine, a National Deputy of Ukraine has the right to present an inquiry to the bodies of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, chief officers of other bodies of state power and bodies of local self-government, and also to the chief executives of enterprises, institutions and organizations located on the territory of Ukraine, irrespective of their subordination and forms of ownership.
Chief officers of bodies of state power and bodies of local self-government, chief executives of enterprises, institutions and organizations are obliged to notify a National Deputy of Ukraine of the results of the consideration of his or her inquiry.
The Verkhovna Rada of Ukraine, on the proposal by the President of Ukraine or by National Deputies of Ukraine making up no less than one-third of the constitutional membership of the Verkhovna Rada of Ukraine, may consider an issue of responsibility of the Cabinet of Ministers of Ukraine and pass—by a majority of votes of its constitutional membership—a motion of no confidence in the Cabinet of Ministers of Ukraine.
The issue of responsibility of the Cabinet of Ministers of Ukraine may not be considered by the Verkhovna Rada of Ukraine more than once during one regular session or within one year after the approval of the Action Program of the Cabinet of Ministers of Ukraine, or during the final session of the Verkhovna Rada of Ukraine.
The Verkhovna Rada of Ukraine elects from among its members the Chairperson of the Verkhovna Rada of Ukraine, the First Deputy Chairperson and the Deputy Chairperson of the Verkhovna Rada of Ukraine, and it is also empowered to remove them from these offices.
The Chairperson of the Verkhovna Rada of Ukraine:
The Chairperson of the Verkhovna Rada of Ukraine exercises powers as specified in this Constitution, in compliance with the procedure set out in the Rules of Procedure of the Verkhovna Rada of Ukraine.
In order to carry out its legislative drafting activities, prepare and conduct the preliminary consideration of issues falling within its competence, and perform its functions of control under the Constitution, the Verkhovna Rada of Ukraine shall set up Committees of the Verkhovna Rada of Ukraine composed of National Deputies of Ukraine and elect Chairpersons, Deputy Chairpersons, and Secretaries to these Committees.
Within the scope of its competence, the Verkhovna Rada of Ukraine may set up temporary special commissions for the preparation and preliminary consideration of issues.
In order to investigate matters of public concern, the Verkhovna Rada of Ukraine shall set up temporary enquiry commissions, provided that the measure has been supported by no less than one-third of the constitutional membership of the Verkhovna Rada of Ukraine.
Findings and proposals made by temporary investigatory commissions shall not be decisive for investigation and court.
The organization and procedure for activities of Committees of the Verkhovna Rada of Ukraine and of its temporary special or temporary enquiry commissions shall be established by law.
Powers of the Verkhovna Rada of Ukraine shall terminate on the date when a new convocation of the Verkhovna Rada of Ukraine opens its first meeting.
The President of Ukraine may order the early termination of powers of the Verkhovna
Rada of Ukraine where:
The early termination of powers of the Verkhovna Rada of Ukraine shall be decided by the President of Ukraine following relevant consultations with the Chairperson and Deputy Chairpersons of the Verkhovna Rada of Ukraine and with Chairpersons of Verkhovna Rada parliamentary groups.
Powers of the Verkhovna Rada of Ukraine, which convenes following special elections conducted after the pre-term termination by the President of Ukraine of powers of the Verkhovna Rada of Ukraine of the previous convocation, shall not terminate within one year from the day of its election.
The pre-term termination of powers of the Verkhovna Rada of Ukraine may not be caused during the last six months of its term or of the term of the President of Ukraine.
The Verkhovna Rada of Ukraine adopts laws, resolutions and other acts by the majority of its constitutional composition, except in cases envisaged by this Constitution.
The following are determined exclusively by the laws of Ukraine:
The following are established exclusively by the laws of Ukraine:
Amnesty is declared by the law of Ukraine.
The right of legislative initiative in the Verkhovna Rada of Ukraine belongs to the President of Ukraine, National Deputies of Ukraine, the Cabinet of Ministers of Ukraine, and the National Bank of Ukraine.
The draft laws defined by the President of Ukraine as urgent shall be considered out of turn by the Verkhovna Rada of Ukraine.
The Chairperson of the Verkhovna Rada of Ukraine signs a law and forwards it without delay to the President of Ukraine.
Within fifteen days of the receipt of a law, the President of Ukraine signs it, accepts it for execution, and officially promulgates it, or returns it to the Verkhovna Rada of Ukraine with substantiated and formulated proposals for repeat consideration.
In the event that the President of Ukraine has not returned a law for repeat consideration within the established term, the law is deemed to be approved by the President of Ukraine and shall be signed and officially promulgated.
If a law, during its reconsideration, again receives the support of no less than two-thirds of the constitutional membership of the Verkhovna Rada, the President of Ukraine shall be obliged to sign and to officially promulgate it within ten days. In the event that the President of Ukraine does not sign such a law, it shall be without delay promulgated officially by the Chairperson of the Verkhovna Rada of Ukraine and published under his or her signature.
A law enters into force in ten days from the day of its official promulgation, unless otherwise envisaged by the law itself, but not prior to the day of its publication.
The budgetary system of Ukraine is built on the principles of just and impartial distribution of social wealth among citizens and territorial communities.
Any state expenditures for the needs of the entire society, the extent and purposes of these expenditures, are determined exclusively by the law on the State Budget of Ukraine.
The State aspires to a balanced budget of Ukraine.
Regular reports on revenues and expenditures of the State Budget of Ukraine shall be made public.
The State Budget of Ukraine is annually approved by the Verkhovna Rada of Ukraine for the period from 1 January to 31 December, and under special circumstances for a different period.
The Cabinet of Ministers of Ukraine submits the draft law on the State Budget of Ukraine for the following year to the Verkhovna Rada of Ukraine no later than on 15 September of each year. The report on the course of the implementation of the State Budget of Ukraine in the current year is submitted together with the draft law.
The Cabinet of Ministers of Ukraine submits the report on the implementation of the State Budget of Ukraine to the Verkhovna Rada of Ukraine in accordance with the law.
The submitted report shall be made public.
The Chamber of Accounting shall, on behalf of the Verkhovna Rada of Ukraine, exercise control over State Budget revenues and the use of State Budget funds.
The monetary unit of Ukraine is the hryvnia.
To ensure the stability of the monetary unit is the major function of the central bank of the State—the National Bank of Ukraine.
The Council of the National Bank of Ukraine elaborates the basic principles of monetary and credit policy and exercises control over its execution.
The legal status of the Council of the National Bank of Ukraine is determined by law.
The Authorized Human Rights Representative of the Verkhovna Rada of Ukraine exercises parliamentary control over the observance of constitutional human and citizens’ rights and freedoms.
The President of Ukraine is the Head of State and acts in its name.
The President of Ukraine is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens’ rights and freedoms.
The President of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.
A citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the state language, may be elected as the President of Ukraine.
One and the same person shall not be the President of Ukraine for more than two consecutive terms.
The President of Ukraine shall not have another representative mandate, hold office in bodies of state power or in associations of citizens, and also perform any other paid or entrepreneurial activity, or be a member of an administrative body or board of supervisors of an enterprise that is aimed at making profit.
The regular election of a new President of Ukraine shall take place (before the expiry of the powers of the President of Ukraine in office) on the last Sunday of the last month of the fifth year of his or her term of office. In the event of pre-term termination of powers of the President of Ukraine, the election of the President of Ukraine is held within ninety days from the date of termination of his or her powers.
The procedure for conducting elections of the President of Ukraine is established by law.
The newly-elected President of Ukraine assumes 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 a ceremonial meeting of the Verkhovna Rada of Ukraine.
The Chairperson of the Constitutional Court of Ukraine administers the oath to the President of Ukraine.
The President of Ukraine takes the following oath:
“I, (name and surname), elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in the interests of all compatriots, and to enhance the prestige of Ukraine in the world.”
The President of Ukraine, elected by special elections, takes the oath within five days after the official announcement of the election results.
The President of Ukraine enjoys the right of immunity during the term of authority.
Persons guilty of offending the honor and dignity of the President of Ukraine are brought to responsibility on the basis of the law.
The title of President of Ukraine is protected by law and is reserved for the President for life, unless the President of Ukraine has been removed from office by the procedure of impeachment.
The President of Ukraine:
The President of Ukraine shall not transfer his or her powers to other persons or bodies.
The President of Ukraine, on the basis and for the execution of the Constitution and the laws of Ukraine, issues decrees and directives that are mandatory for execution on the territory of Ukraine.
Acts issued by the President of Ukraine within the scope of his or her competence as provided for in subparagraphs 5, 18, 21, 22, and 23 of this Article shall be co-signed by the Prime Minister of Ukraine and the Minister responsible for the act and its implementation.
The Council of National Security and Defense of Ukraine is the co-ordinating body to the President of Ukraine on issues of national security and defense.
The Council of National Security and Defense of Ukraine co-ordinates and controls the activity of bodies of executive power in the sphere of national security and defense.
The President of Ukraine is the Chairperson of the Council of National Security and Defense of Ukraine.
The President of Ukraine forms the personal composition of the Council of National Security and Defense of Ukraine.
The Prime Minister of Ukraine, the Minister of Defense of Ukraine, the Head of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine and the Minister of Foreign Affairs of Ukraine are ex officio members of the Council of Nation al Security and Defense of Ukraine.
The Chairperson of the Verkhovna Rada of Ukraine may take part in the meetings of the Council of National Security and Defense of Ukraine.
Decisions of the Council of National Security and Defense of Ukraine are put into effect by decrees of the President of Ukraine.
The competence and functions of the Council of National Security and Defense of Ukraine are determined by law.
The President of Ukraine exercises his or her powers until the assumption of office by the newly-elected President of Ukraine.
The President’s powers shall be terminated pre-term in case of:
The resignation of the President of Ukraine enters into force from the moment he or she personally announces the statement of resignation at a meeting of the Verkhovna Rada of Ukraine.
The inability of the President of Ukraine to exercise his or her powers for reasons of health shall be determined at a meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted by the majority of its constitutional composition on the basis of a petition of the Supreme Court of Ukraine—on the appeal of the Verkhovna Rada of Ukraine, and a medical opinion.
The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine by the procedure of impeachment, in the event that he or she commits state treason or other crime.
The issue of the removal of the President of Ukraine from office by the procedure of impeachment is initiated by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.
To conduct the investigation, the Verkhovna Rada of Ukraine establishes a special temporary investigatory commission whose composition includes a special prosecutor and special investigators.
The conclusions and proposals of the temporary investigatory commission are considered at a meeting of the Verkhovna Rada of Ukraine.
For cause, the Verkhovna Rada of Ukraine, by no less than two-thirds of its constitutional composition, adopts a decision on the accusation of the President of Ukraine.
The decision on the removal of the President of Ukraine from office by the procedure of impeachment is adopted by the Verkhovna Rada of Ukraine by no less than three- quarters of its constitutional composition, after the review of the case by the Constitutional Court of Ukraine and the receipt of its opinion on the observance of the constitutional procedure of investigation and consideration of the case of impeachment, and the receipt of the opinion of the Supreme Court of Ukraine to the effect that the acts, of which the President of Ukraine is accused, contain elements of state treason or other crime.
In the event of pre-term termination of powers of the President of Ukraine in accordance with Articles 108, 109, 110 and 111 of this Constitution, the execution of the office of the President of Ukraine, for the period pending the election of the new President of Ukraine and his or her assumption of office, shall be vested in the Chairperson of the Verkhovna Rada of Ukraine. The Chairperson of the Verkhovna Rada of Ukraine, while executing the office of the President of Ukraine, shall not exercise the powers specified in subparagraphs 2, 6–8, 10–13, 22, 24, 25, 27, and 28 of Article 106 of the Constitution of Ukraine.
The Cabinet of Ministers of Ukraine is the highest authority within the system of executive authorities.
The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and the Verkhovna Rada of Ukraine and is under the control of and accountable to the Verkhovna Rada of Ukraine within the limits provided for by this Constitution of Ukraine.
In its activities, the Cabinet of Ministers of Ukraine is guided by this Constitution, laws of Ukraine, and also by decrees made by the President of Ukraine and resolutions made by of the Verkhovna Rada of Ukraine in accordance with the Constitution and laws of Ukraine.
The Cabinet of Ministers of Ukraine is composed of the Prime Minister of Ukraine, the First Vice Prime Minister, Vice Prime Ministers, and Ministers.
The Prime Minister of Ukraine is appointed by the Verkhovna Rada of Ukraine upon the submission by the President of Ukraine.
The name of a candidate for the office of the Prime Minister of Ukraine shall be put forward by the President of Ukraine following the relevant proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine as provided for in Article 83 of the Constitution of Ukraine or by a parliamentary faction whose National Deputies of Ukraine make up a majority of the constitutional membership of the Verkhovna Rada of Ukraine.
The Minister of Defense and the Minister of Foreign Affairs of Ukraine are appointed by the Verkhovna Rada of Ukraine upon proposal by the President of Ukraine; the other members of the Cabinet of Ministers of Ukraine are appointed upon proposal by the Prime Minister of Ukraine.
The Prime Minister of Ukraine conducts the work of the Cabinet of Ministers of Ukraine and directs the implementation of its Action Program adopted by the Verkhovna Rada.
The Cabinet of Ministers of Ukraine divests itself of its powers before the newly-elected Verkhovna Rada of Ukraine.
The Prime Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine, shall have the right to announce their resignation before the Verkhovna Rada of Ukraine.
The resignation of the Prime Minister of Ukraine or the adoption by the Verkhovna Rada of Ukraine of a resolution of no confidence in the Cabinet of Ministers of Ukraine shall result in the resignation of the entire Cabinet of Ministers of Ukraine.
In such cases, the Verkhovna Rada of Ukraine shall form a new Cabinet of Ministers of Ukraine within the terms and under the procedure provided for by this Constitution.
The Cabinet of Ministers of Ukraine that has divested itself of its powers before the Verkhovna Rada of Ukraine or whose resignation has been accepted by the Verkhovna Rada shall continue to perform its functions until the newly formed Cabinet starts its work.
The Cabinet of Ministers of Ukraine:
The Cabinet of Ministers of Ukraine, within the limits of its competence, issues resolutions and orders that are mandatory for execution.
Acts of the Cabinet of Ministers of Ukraine are signed by the Prime Minister of Ukraine. Normative legal acts of the Cabinet of Ministers of Ukraine, ministries and other central bodies of executive power, are subject to registration through the procedure established by law.
The executive power in oblasts, districts, and in the Cities of Kyiv and Sevastopol is exercised by local state administrations.
Particular aspects of the exercise of executive power in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine.
The composition of local state administrations is formed by heads of local state administrations.
Heads of local state administrations are appointed to office and dismissed from office by the President of Ukraine upon the submission of the Cabinet of Ministers of Ukraine.
In the exercise of their duties, the heads of local state administrations are responsible to the President of Ukraine and to the Cabinet of Ministers of Ukraine, and are accountable to and under the control of bodies of executive power of a higher level.
Local state administrations are accountable to and under the control of councils in the part of the authority delegated to them by the respective district or oblast councils.
Local state administrations are accountable to and under the control of the bodies of executive power of a higher level.
Decisions of the heads of local state administrations that contravene the Constitution and the laws of Ukraine, other acts of legislation of Ukraine, may be revoked by the President of Ukraine or by the head of the local state administration of a higher level, in accordance with the law.
An oblast or district council may express no confidence in the head of the respective local state administration, on which grounds the President of Ukraine adopts a decision and provides a substantiated reply.
If two-thirds of the deputies of the composition of the respective council express no confidence in the head of a district or oblast state administration, the President of Ukraine adopts a decision on the resignation of the head of the local state administration.
Local state administrations on their respective territory ensure:
Members of the Cabinet of Ministers of Ukraine and chief officers of central and local authorities shall not be entitled to combine their official activities with any other work (with the exception of teaching, scientific and creative activities performed outside of their working hours) or to be members of an administrative body or board of supervisors of a profit-seeking enterprise or organization.
The organization, authority and operational procedure of the Cabinet of Ministers of Ukraine, and other central and local bodies of executive power, are determined by the Constitution and the laws of Ukraine.
The Prosecutor’s Office of Ukraine constitutes a unified system that is entrusted with:
Public prosecution of Ukraine is headed by the Prosecutor General of Ukraine, who is appointed to office and dismissed from office by the President of Ukraine, with the consent of the Verkhovna Rada of Ukraine. The Verkhovna Rada of Ukraine may take a vote of no confidence in the Prosecutor General of Ukraine, which entails his or her resignation from office.
The term of authority of the Prosecutor General of Ukraine is five years.
The organization and operational procedure for the bodies of the Prosecutor’s Office of Ukraine are determined by law.
Justice in Ukraine is administered exclusively by the courts. The delegation of the functions of the courts, and also the appropriation of these functions by other bodies or officials, shall not be permitted.
The jurisdiction of the courts extends to all legal relations that arise in the State.
Judicial proceedings are performed by the Constitutional Court of Ukraine and courts of general jurisdiction.
The people directly participate in the administration of justice through people’s assessors and jurors.
Judicial decisions are adopted by the courts in the name of Ukraine and are mandatory for execution throughout the entire territory of Ukraine.
In Ukraine, the system of courts of general jurisdiction is formed in accordance with the territorial principle and the principle of specialization.
The Supreme Court of Ukraine is the highest judicial body in the system of courts of general jurisdiction.
The respective high courts are the highest judicial bodies of specialized courts.
Courts of appeal and local courts operate in accordance with the law.
The creation of extraordinary and special courts shall not be permitted.
The independence and immunity of judges are guaranteed by the Constitution and the laws of Ukraine.
Influencing judges in any manner is prohibited.
A judge shall not be detained or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is rendered by a court.
Judges hold office for permanent terms, except judges of the Constitutional Court of Ukraine, and judges appointed to the office of judge for the first time.
A judge is dismissed from office by the body that elected or appointed him or her in the event of:
The authority of the judge terminates in the event of his or her death.
The State ensures the personal security of judges and their families.
Justice is administered by professional judges and, in cases determined by law, people’s assessors and jurors.
Professional judges shall not belong to political parties and trade unions, take part in any political activity, hold a representative mandate, occupy any other paid positions, perform other remunerated work except scholarly, teaching and creative activity.
A citizen of Ukraine, not younger than the age of twenty-five, who has a higher legal education and has work experience in the sphere of law for no less than three years, has resided in Ukraine for no less than ten years and has command of the state language may be recommended for the office of judge by the Qualification Commission of Judges.
Persons with professional training in issues of jurisdiction of specialized courts may be judges of these courts. These judges administer justice only as members of a collegium of judges.
Additional requirements for certain categories of judges in terms of experience, age and their professional level are established by law.
Protection of the professional interests of judges is exercised by the procedure established by law.
The first appointment of a professional judge to office for a five-year term is made by the President of Ukraine. All other judges, except the judges of the Constitutional Court of Ukraine, are elected by the Verkhovna Rada of Ukraine for permanent terms by the procedure established by law.
The Chairperson of the Supreme Court of Ukraine is elected to office and dismissed from office by the Plenary Assembly of the Supreme Court of Ukraine by secret ballot, by the procedure established by law.
In the administration of justice, judges are independent and subject only to the law.
Judicial proceedings are conducted by a single judge, by a panel of judges, or by a court of the jury.
The main principles of judicial proceedings are:
The law may also determine other principles of judicial proceedings in courts of specific judicial jurisdiction.
Persons guilty of contempt of court or of showing disrespect toward the judge are legally liable.
The State ensures funding and proper conditions for the operation of courts and the activity of judges. Expenditures for the maintenance of courts are allocated separately in the State Budget of Ukraine.
Judges’ self-management operates to resolve issues of the internal affairs of courts.
The High Council of Justice operates in Ukraine, whose competence comprises:
The High Council of Justice consists of twenty members. The Verkhovna Rada of Ukraine, the President of Ukraine, the Congress of Judges of Ukraine, the Congress of Advocates of Ukraine, and the Congress of Representatives of Higher Legal Educational Establishments and Scientific Institutions each appoint three members to the High Council of Justice, and the All-Ukrainian Conference of Employees of the Prosecutor’s Office—two members of the High Council of Justice.
The Chairperson of the Supreme Court of Ukraine, the Minister of Justice of Ukraine and the Prosecutor General of Ukraine are ex officio members of the High Council of Justice.
The territorial structure of Ukraine is based on the principles of unity and indivisibility of the state territory, the combination of centralization and decentralization in the exercise of state power, and the balanced socio-economic development of regions that takes into account their historical, economic, ecological, geographical and demographic characteristics, and ethnic and cultural traditions.
The system of the administrative and territorial structure of Ukraine is composed of the Autonomous Republic of Crimea, oblasts, districts, cities, city districts, settlements and villages.
Ukraine is composed of the Autonomous Republic of Crimea, Vinnytsia Oblast, Volyn Oblast, Dnipropetrovsk Oblast, Donetsk Oblast, Zhytomyr Oblast, Zakarpattia Oblast, Zaporizhia Oblast, Ivano-Frankivsk Oblast, Kyiv Oblast, Kirovohrad Oblast, Luhansk Ob last, Lviv Oblast, Mykolaiv Oblast, Odesa Oblast, Poltava Oblast, Rivne Oblast, Sumy Oblast, Ternopil Oblast, Kharkiv Oblast, Kherson Oblast, Khmelnytskyi Oblast, Cherkasy Oblast, Chernivtsi Oblast and Chernihiv Oblast, and the Cities of Kyiv and Sevastopol.
The Cities of Kyiv and Sevastopol have special status that is determined by the laws of Ukraine.
The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine.
The Autonomous Republic of Crimea has the Constitution of the Autonomous Republic of Crimea that is adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the Verkhovna Rada of Ukraine by no less than one-half of the constitutional composition of the Verkhovna Rada of Ukraine.
Normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and decisions of the Council of Ministers of the Autonomous Republic of Crimea shall not contradict the Constitution and the laws of Ukraine and are adopted in accordance with the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and for their execution.
The Verkhovna Rada of the Autonomous Republic of Crimea, within the limits of its authority, is the representative body of the Autonomous Republic of Crimea.
The Verkhovna Rada of the Autonomous Republic of Crimea adopts decisions and resolutions that are mandatory for execution in the Autonomous Republic of Crimea.
The Council of Ministers of the Autonomous Republic of Crimea is the government of the Autonomous Republic of Crimea. The Head of the Council of Ministers of the Autonomous Republic of Crimea is appointed to office and dismissed from office by the Verkhovna Rada of the Autonomous Republic of Crimea with the consent of the President of Ukraine.
The authority, the procedure for the formation and operation of the Verkhovna Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea, are determined by the Constitution of Ukraine and the laws of Ukraine, and by normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea on issues ascribed to its competence.
In the Autonomous Republic of Crimea, justice is administered by courts that belong to the unified system of courts of Ukraine.
The Autonomous Republic of Crimea exercises normative regulation on the following issues:
For reasons of nonconformity of normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with the Constitution of Ukraine and the laws of Ukraine, the President of Ukraine may suspend these normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional Court of Ukraine in regard to their constitutionality.
The competence of the Autonomous Republic of Crimea comprises:
Other powers may also be delegated to the Autonomous Republic of Crimea by the laws of Ukraine.
The Representative Office of the President of Ukraine, whose status is determined by the law of Ukraine, operates in the Autonomous Republic of Crimea.
Local self-government is the right of a territorial community—residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city—to independently resolve issues of local character within the limits of the Constitution and the laws of Ukraine.
Particular aspects of the exercise of local self-government in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine.
Local self-government is exercised by a territorial community by the procedure established by law, both directly and through bodies of local self-government: village, settlement and city councils, and their executive bodies.
District and oblast councils are bodies of local self-government that represent the common interests of territorial communities of villages, settlements and cities.
The issue of organization of the administration of city districts lies within the competence of city councils.
Village, settlement and city councils may permit, upon the initiative of residents, the creation of house, street, block and other bodies of popular self-organization, and to assign them part of their own competence, finances and property.
The council of a village, town, city, district, or of an oblast is composed of deputies elected for a five-year term by residents of this village, town, city, district, or of the oblast on the basis of universal, equal and direct suffrage and by secret ballot.
Territorial communities elect for a four-year-term on the basis of universal, equal and direct suffrage, by secret ballot, the head of the village, settlement and city, respectively, who leads the executive body of the council and presides at its meetings.
The status of heads, deputies and executive bodies of a council and their authority, the procedure for their establishment, reorganization and liquidation, are determined by law.
The Chairperson of a district council and the Chairperson of an oblast council are elected by the respective council and lead the executive staff of the council.
The material and financial basis for local self-government is movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, and also objects of their common property that are managed by district and oblast councils.
On the basis of agreement, territorial communities of villages, settlements and cities may join objects of communal property as well as budget funds, to implement joint projects or to jointly finance (maintain) communal enterprises, organizations and establishments, and create appropriate bodies and services for this purpose.
The State participates in the formation of revenues of the budget of local self-government and financially supports local self-government. Expenditures of bodies of local self- government, that arise from the decisions of bodies of state power, are compensated by the state.
Territorial communities of a village, settlement and city, directly or through the bodies of local self-government established by them, manage the property that is in communal ownership; approve programs of socio-economic and cultural development, and control their implementation; approve budgets of the respective administrative and territorial units, and control their implementation; establish local taxes and levies in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganize and liquidate communal enterprises, organizations and institutions, and also exercise control over their activity; resolve other issues of local importance ascribed to their competence by law.
Oblast and district councils approve programs for socio-economic and cultural development of the respective oblasts and districts, and control their implementation; approve district and oblast budgets that are formed from the funds of the state budget for their appropriate distribution among territorial communities or for the implementation of joint projects, and from the funds drawn on the basis of agreement from local budgets for the realization of joint socio-economic and cultural programs, and control their implementation; resolve other issues ascribed to their competence by law.
Certain powers of bodies of executive power may be assigned by law to bodies of local self-government. The State finances the exercise of these powers from the State Budget of Ukraine in full or through the allocation of certain national taxes to the local budget, by the procedure established by law, transferring the relevant objects of state property to bodies of local self-government.
Bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power.
Bodies of local self-government, within the limits of authority determined by law, adopt decisions that are mandatory for execution throughout the respective territory.
Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court.
The rights of local self-government are protected by judicial procedure.
Other issues of the organization of local self-government, the formation, operation and responsibility of the bodies of local self-government, are determined by law.
The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine.
The Constitutional Court of Ukraine decides on issues of conformity of laws and other legal acts with the Constitution of Ukraine and provides the official interpretation of the Constitution of Ukraine and the laws of Ukraine.
The Constitutional Court of Ukraine is composed of eighteen judges of the Constitutional Court of Ukraine.
The President of Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each appoint six judges to the Constitutional Court of Ukraine.
A citizen of Ukraine who has attained the age of forty on the day of appointment, has a higher legal education and professional experience of no less than ten years, has resided in Ukraine for the last twenty years, and has command of the state language, may be a judge of the Constitutional Court of Ukraine.
A judge of the Constitutional Court of Ukraine is appointed for nine years without the right of appointment to a repeat term.
The Chairperson of the Constitutional Court of Ukraine is elected by secret ballot only for one three-year term at a special plenary meeting of the Constitutional Court of Ukraine from among the judges of the Constitutional Court of Ukraine.
Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity and to the grounds for dismissal from office envisaged by Article 126 of this Constitution, and the requirements concerning incompatibility as determined in Article 127, paragraph two of this Constitution.
The authority of the Constitutional Court of Ukraine comprises:
acts of the President of Ukraine;
acts of the Cabinet of Ministers of Ukraine;
legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea.
These issues are considered on the appeals of: the President of Ukraine; no less than forty-five National Deputies of Ukraine; the Supreme Court of Ukraine; the Authorized
Human Rights Representative of the Verkhovna Rada of Ukraine; the Verkhovna Rada of the Autonomous Republic of Crimea;
On issues envisaged by this Article, the Constitutional Court of Ukraine adopts decisions that are mandatory for execution throughout the territory of Ukraine, that are final and shall not be appealed.
The Constitutional Court of Ukraine, on the appeal of the President of Ukraine or the Cabinet of Ministers of Ukraine, provides opinions on the conformity with the Constitution of Ukraine of international treaties of Ukraine that are in force, or the international treaties submitted to the Verkhovna Rada of Ukraine for granting agreement on their binding nature.
On the appeal of the Verkhovna Rada of Ukraine, the Constitutional Court of Ukraine provides an opinion on the observance of the constitutional procedure of investigation and consideration of the case of removing the President of Ukraine from office by the procedure of impeachment.
Laws and other legal acts, by the decision of the Constitutional Court of Ukraine, are deemed to be unconstitutional, in whole or in part, in the event that they do not conform to the Constitution of Ukraine, or if there was a violation of the procedure established by the Constitution of Ukraine for their review, adoption or their entry into force.
Laws and other legal acts, or their separate provisions, that are deemed to be unconstitutional, lose legal force from the day the Constitutional Court of Ukraine adopts the decision on their unconstitutionality.
Material or moral damages, inflicted on physical and legal persons by the acts or actions deemed to be unconstitutional, are compensated by the State by the procedure established by law.
The procedure for the organization and operation of the Constitutional Court of Ukraine, and the procedure for its review of cases, are determined by law.
A draft law on introducing amendments to the Constitution of Ukraine may be submitted to the Verkhovna Rada of Ukraine by the President of Ukraine, or by no fewer National Deputies of Ukraine than one-third of the constitutional composition of the Verkhovna Rada of Ukraine.
A draft law on introducing amendments to the Constitution of Ukraine, with the exception of Chapter I—“General Principles,” Chapter III—“Elections, Referendum,” and Chapter XIII—“Introducing Amendments to the Constitution of Ukraine,” previously adopted by the majority of the constitutional composition of the Verkhovna Rada of Ukraine, is deemed to be adopted, if at the next regular session of the Verkhovna Rada of Ukraine, no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine have voted in favor thereof.
A draft law on introducing amendments to Chapter I—“General Principles,” Chapter III—“Elections, Referendum,” and Chapter XIII—“Introducing Amendments to the Constitution of Ukraine,” is submitted to the Verkhovna Rada of Ukraine by the President of Ukraine, or by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine, and on the condition that it is adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine, and is approved by an All-Ukrainian referendum designated by the President of Ukraine.
The repeat submission of a draft law on introducing amendments to Chapters I, III and XIII of this Constitution on one and the same issue is possible only to the next convocation of the Verkhovna Rada of Ukraine.
The Constitution of Ukraine shall not be amended if the amendments foresee the abolition or restriction of human and citizens’ rights and freedoms, or if they are oriented toward the liquidation of the independence or violation of the territorial indivisibility of Ukraine.
The Constitution of Ukraine shall not be amended in conditions of martial law or a state of emergency.
The draft law on introducing amendments to the Constitution of Ukraine, considered by the Verkhovna Rada of Ukraine and not adopted, may be submitted to the Verkhovna Rada of Ukraine no sooner than one year from the day of the adoption of the decision on this draft law.
Within the term of its authority, the Verkhovna Rada of Ukraine shall not amend twice the same provisions of the Constitution.
A draft law on introducing amendments to the Constitution of Ukraine is considered by the Verkhovna Rada of Ukraine upon the availability of an opinion of the Constitutional Court of Ukraine on the conformity of the draft law with the requirements of Articles 157 and 158 of this Constitution.
The Constitution of Ukraine enters into force from the day of its adoption.
The day of adoption of the Constitution of Ukraine is a national holiday—the Day of the Constitution of Ukraine.
Regular elections to the Verkhovna Rada of Ukraine shall be held in March 1998.
Such a decree of the President of Ukraine takes effect, if within thirty calendar days from the day of submission of the draft law (except the days between sessions), the Verkhovna Rada of Ukraine does not adopt the law or does not reject the submitted draft law by the majority of its constitutional composition, and is effective until a law adopted by the Verkhovna Rada of Ukraine on these issues enters into force.
District and oblast councils elected prior to the entry of this Constitution into force, exercise the authority as determined by it, until the formation of the new composition of these councils in accordance with the Constitution of Ukraine.
City district councils and their chairmen, upon entry of this Constitution into force, exercise their authority in accordance with the law.
Judges of all courts in Ukraine, elected or appointed prior to the day of entry of this Constitution into force, continue to exercise their authority in accordance with the legislation in force, until the expiration of the term for which they were elected or appointed. Judges whose authority has terminated on the day this Constitution enters into force continue to exercise their authority for the period of one year.