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CONSTITUTION OF UKRAINE

(The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 1996, No. 30, Article 141)

{As amended by Laws
No. 2222-IV of 8 December 2004, BVR, 2005, No. 2, Art. 44
No. 2952-VI of 01 February 2011, BVR, 2011, No. 10, Art. 68
No. 586-VII of 19 September 2013, BVR, 2014, No. 11, Art. 142
No. 742-VII of 21 February 2014, BVR, 2014, No. 11, Art. 143
No. 1401-VIII of 02 June 2016, BVR, 2016, No. 28, Art. 532
No. 2680-VIII of 7 February 2019, BVR, 2019, No. 9, Art. 50
No. 27-IX of 3 September 2019, BVR, 2019, No. 38, Art. 160}

{Law of Ukraine No. 2222-IV of 8 December 2004 has been recognised inconsistent with the Constitution of Ukraine (unconstitutional) under Judgement of the Constitutional Court of Ukraine No. 20-rp/2010 of 30 September 2010 due to the violation of the constitutional procedure of its consideration and adoption}

{Provisions of the Constitution of Ukraine adopted at the fifth session of the Verkhovna Rada of Ukraine on 28 June 1996, as amended and supplemented by Laws of Ukraine No. 2222-IV of 08 December 2004, No. 2952-VI of 01 February 2011, No. 586-VII of 19 September 2013, have been deemed effective in the territory of Ukraine under Resolution of the Verkhovna Rada of Ukraine No. 750-VII of 22 February 2014}

{For official interpretation of the Constitution, see Constitutional Court Judgments
No. 1-zp of 13 May 1997
No. 4-zp of 03 October 1997
No. 6-zp of 25 November 1997
No. 9-zp of 25 December 1997
No. 8-rp/98 of 09 June 1998
No. 11-rp/98 of 07 July 1998
No. 1-rp/99 of 09 February 1999
No. 4-rp/99 of 19 May 1999
No. 7-rp/99 of 06 July 1999
No. 9-rp/99 of 27 October 1999
No. 10-rp/99 of 14 December 1999
No. 4-rp/2000 of 11 April 2000
No. 6-rp/2000 of 19 April 2000
No. 13-rp/2000 of 16 November 2000
No. 15-rp/2000 of 14 December 2000
No. 2-rp/2001 of 28 March 2001
No. 4-rp/2001 of 19 April 2001
No. 5-rp/2001 of 17 May 2001
No. 7-rp/2001 of 30 May 2001
No. 11-rp/2001 of 13 July 2001
No. 14-rp/2001 of 16 October 2001
No. 4-rp/2002 of 20 March 2002
No. 7-rp/2002 of 27 March 2002
No. 8-rp/2002 of 07 May 2002
No. 10-rp/2002 of 29 May 2002
No. 12-rp/2002 of 18 June 2002
No. 15-rp/2002 of 09 July 2002
No. 16-rp/2002 of 17 October 2002
No. 17-rp/2002 of 17 October 2002
No. 2-rp/2003 of 28 January 2003
No. 5-rp/2003 of 05 March 2003
No. 12-rp/2003 of 26 June 2003
No. 16-rp/2003 of 14 October 2003
No. 19-rp/2003 of 10 December 2003
No. 21-rp/2003 of 25 December 2003
No. 22-rp/2003 of 25 December 2003
No. 5-rp/2004 of 04 March 2004
No. 11-rp/2004 of 19 May 2004
No. 19-rp/2004 of 01 December 2004
No. 6-rp/2005 of 05 October 2005
No. 9-rp/2005 of 13 October 2005
No. 7-rp/2007 of 09 October 2007
No. 11-rp/2007 of 11 December 2007
No. 12-rp/2007 of 11 December 2007
No. 5-rp/2008 of 02 April 2008
No. 6-rp/2008 of 16 April 2008
No. 12-rp/2008 of 25 June 2008
No. 16-rp/2008 of 17 September 2008
No. 23-rp/2008 of 15 October 2008
No. 26-rp/2008 of 27 November 2008
No. 6-rp/2009 of 26 February 2009
No. 7-rp/2009 of 16 April 2009
No. 8-rp/2009 of 28 April 2009
No. 23-rp/2009 of 30 September 2009
No. 7-rp/2010 of 11 March 2010
No. 8-rp/2010 of 11 March 2010
No. 10-rp/2010 of 01 April 2010
No. 11-rp/2010 of 06 April 2010
No. 12-rp/2011 of 20 October 2011
No. 16-rp/2011 of 08 December 2011
No. 19-rp/2011 of 14 December 2011
No. 2-rp/2012 of 20 January 2012
No. 3-rp/2012 of 25 January 2012
No. 9-rp/2012 of 12 April 2012
No. 2-rp/2013 of 29 May 2013
No. 4-rp/2013 of 12 June 2013
No. 5-rp/2014 of 15 May 2014
No. 1-rp/2016 of 15 March 2016
No. 11-р/2019 of 02 December 2019}

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 realised by the Ukrainian nation, all the Ukrainian people,

providing for the guarantee of human rights and freedoms and of the worthy conditions of human life,

caring for the strengthening of civil harmony on Ukrainian soil and confirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine,

{Paragraph 5 of the Preamble as amended by Law No. 2680-VIII of 07 February 2019}

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 as the Fundamental Law of Ukraine.

Section I
GENERAL PRINCIPLES

Article 1. Ukraine shall be a sovereign and independent, democratic, social, law-based state.

{For official interpretation of Article 1, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

Article 2. The sovereignty of Ukraine shall extend throughout its entire territory.

Ukraine shall be a unitary state.

The territory of Ukraine within its present border shall be indivisible and inviolable.

Article 3. The human being, his or her life and health, honour and dignity, inviolability and security shall be recognised in Ukraine as the highest social value.

Human rights and freedoms and guarantees thereof shall determine the essence and course of activities of the State. The State shall be answerable to the individual for its activities. Affirming and ensuring human rights and freedoms shall be the main duty of the State.

Article 4. There shall be a single form of citizenship in Ukraine. The grounds for the acquisition and termination of Ukrainian citizenship shall be determined by law.

Article 5. Ukraine shall be a republic.

The people shall be the bearer of sovereignty and the sole source of power in Ukraine. The people shall exercise power directly and through the government authorities and local government.

{For official interpretation of part 2, Article 5, see Constitutional Court Judgments No. 6-rp/2005 of 05 October 2005, No. 6-pr/2008 of 16 April 2008}

The right to determine and change the constitutional order in Ukraine shall belong exclusively to the people and shall not be usurped by the State, its bodies, or officials.

{For official interpretation of part 3, Article 5, see Constitutional Court Judgments No. 6-rp/2005 of 05 October 2005, No. 6-pr/2008 of 16 April 2008}

No one shall usurp state power.

{For official interpretation of part 4, Article 5, see Constitutional Court Judgment No. 6-rp/2005 of 05 October 2005}

Article 6. The State power in Ukraine shall be exercised with the consideration of its division into legislative, executive and judicial power.

Legislative, executive and judicial authorities shall exercise their powers within the limits established by this Constitution and in accordance with the laws of Ukraine.

Article 7. Local self-government shall be recognised and guaranteed in Ukraine.

Article 8. The rule of law shall be recognised and effective in Ukraine.

The Constitution of Ukraine shall be regarded as superior law. Laws and other regulatory acts shall be adopted on the basis of the Constitution of Ukraine and shall conform to it.

The norms of the Constitution of Ukraine shall be norms of direct effect. Appeals to the court in defence of the constitutional rights and freedoms of the individual and citizen directly on the grounds of the Constitution of Ukraine shall be guaranteed.

Article 9. International treaties in force ratified by the Verkhovna Rada of Ukraine shall be a part of the national legislation of Ukraine.

Conclusion of international treaties that contravene the Constitution of Ukraine shall be possible only after introducing relevant amendments to the Constitution of Ukraine.

Article 10. The state language of Ukraine shall be the Ukrainian language.

{For official interpretation of part 1, Article 10, see Constitutional Court Judgment No. 10-rp/99 of 14 December 1999}

The State shall ensure the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine.

Free development, use, and protection of Russian and other languages of national minorities of Ukraine shall be guaranteed in Ukraine.

The State shall promote the learning of languages of international communication.

The use of languages in Ukraine shall be guaranteed by the Constitution of Ukraine and determined by law.

Article 11. The State shall promote the consolidation and development of the Ukrainian nation, its historical consciousness, traditions, and culture, as well as the development of ethnic, cultural, linguistic, and religious identity of all indigenous peoples and national minorities of Ukraine.

Article 12. Ukraine shall provide for meeting the national, cultural, and linguistic needs of Ukrainians residing beyond the borders of the State.

Article 13. The land, its subsoil, atmosphere, water and other natural resources within the territory of Ukraine, natural resources of its continental shelf and of the exclusive (maritime) economic zone shall be the objects of property rights of the Ukrainian people. Government authorities and local government shall exercise the ownership rights on behalf of the Ukrainian people within the limits determined by this Constitution.

Every citizen shall have the right to utilise the natural objects of the people’s property rights in accordance with the law.

Property shall entail responsibility. Property shall not be used to the detriment of the person and society.

The State shall ensure the protection of rights of all property rights holders and economic entities and the social orientation of the economy. All the property rights holders shall be equal before the law.

Article 14. The land shall be the main national asset and shall be under the special protection of the State.

The property right for the land shall be guaranteed. This right shall be acquired and realised by citizens, legal entities, and the State exclusively in accordance with the law.

Article 15. Social life in Ukraine shall be based on the principles of political, economic, and ideological diversity.

No ideology shall be recognised as mandatory by the State.

Censorship shall be prohibited.

The State shall guarantee the freedom of political activities not prohibited by the Constitution and the laws of Ukraine.

Article 16. Ensuring environmental safety, maintaining ecological balance in the territory of Ukraine, overcoming the aftermath of the Chornobyl catastrophe – the catastrophe of global scale – and preserving the gene pool of the Ukrainian people shall be the duty of the State.

Article 17. Protecting the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security shall be the most important functions of the State and a matter of concern for all the Ukrainian people.

The defence of Ukraine and protection of its sovereignty, territorial integrity and inviolability shall be entrusted to the Armed Forces of Ukraine.

Ensuring the security of the State and protecting the State borders of Ukraine shall be entrusted to respective military formations and law enforcement bodies of the State, the organisation and operational procedure of which shall be determined by law.

The Armed Forces of Ukraine and other military formations shall not be used by anyone to restrict the rights and freedoms of citizens or with the intent to overthrow the constitutional order, subvert the government authorities or obstruct their activities.

The State shall ensure social protection of citizens of Ukraine who serve in the Armed Forces of Ukraine and other military formations as well as members of their families.

The establishment and operation of any armed formations not envisaged by law shall be prohibited in the territory of Ukraine.

The location of foreign military bases shall not be permitted on the territory of Ukraine.

Article 18. The foreign political activity of Ukraine shall be aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial co-operation with members of the international community according to the generally acknowledged principles and norms of international law.

Article 19. The legal order in Ukraine shall be based on the principles according to which no one may be forced to do what is not stipulated by law.

Government authorities and local government and their officials shall be obliged to act only on the grounds, within the powers, and in the manner envisaged by the Constitution and the laws of Ukraine.

{For official interpretation of part 2, Article 19, see Constitutional Court Judgment No. 7-rp/2009 of 16 April 2009}

Article 20. The State symbols of Ukraine shall be the State Flag of Ukraine, the State Emblem of Ukraine and the State Anthem of Ukraine.

The State Flag of Ukraine shall be a banner of two equally-sized horizontal bands of blue and yellow.

The Great State Emblem of Ukraine shall be established incorporating the elements of the Small State Emblem of Ukraine and the Emblem of the Zaporizhia Host and shall be approved 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 Emblem of Ukraine shall be the Princely State Symbol of Volodymyr the Great (the Small State Emblem of Ukraine).

The State Anthem of Ukraine shall be the national anthem set to the music of M. Verbytskyi, with the words approved 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 shall be the City of Kyiv.

Section II
HUMAN AND CITIZENS' RIGHTS, FREEDOMS AND DUTIES

Article 21. All people shall be free and equal in their dignity and rights. Human rights and freedoms shall be inalienable and inviolable.

Article 22. Human and citizens' rights and freedoms affirmed by this Constitution shall not be exhaustive.

The constitutional rights and freedoms shall be guaranteed and shall not be abolished.

The content and scope of the existing rights and freedoms shall not be diminished by adopting new laws or introducing amendments to the effective laws.

Article 23. Every person shall have the right to free development of his/her personality, provided that the rights and freedoms of other persons are not thus violated, and shall have duties to the society in which free and comprehensive development of his/her personality is guaranteed.

Article 24. Citizens shall have equal constitutional rights and freedoms and shall be equal before the law.

There shall be no privileges or restrictions based on race, skin colour, political, religious, and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics.

Equality of the rights of women and men shall be ensured by providing women with opportunities equal to those of men in public, political and cultural activity, in obtaining education and in professional training, in work and remuneration for it; 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.

{For official interpretation of Article 24, see Constitutional Court Judgment No. 9-rp/2012 of 12 April 2012}

Article 25. 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 shall guarantee care and protection to its citizens staying abroad.

Article 26. Foreigners and stateless persons staying in Ukraine on legal grounds shall enjoy the same rights and freedoms and bear the same duties as citizens of Ukraine, except in cases established by the Constitution, laws, or international treaties of Ukraine.

Foreigners and stateless persons may be granted asylum under the procedure established by law.

Article 27. Every person shall have the inalienable right to life.

No one shall be arbitrarily deprived of life. The duty of the State shall be to protect human life.

Everyone shall have the right to protect his/her life and health, and the lives and health of other persons against unlawful encroachments.

Article 28. Everyone shall have the right to have his/her dignity respected.

No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his/her dignity.

No person shall be subjected to medical, scientific or other experiments without his/her free consent.

Article 29. Every person shall have the right to freedom and personal inviolability.

No one shall be arrested or held in custody except under a substantiated court decision and on the grounds and in accordance with the procedure established by law.

In the event of an urgent necessity to prevent or stop a crime, bodies authorised by law may hold a person in custody as a temporary preventive measure, the reasonable grounds for which shall be verified by a court within seventy-two hours. The detained person shall be immediately released if a substantiated court decision regarding his/her detention is not served to him/her within seventy-two hours.

Every person, arrested or detained, shall be informed without delay of the reasons for his/her arrest or detention, apprised of his/her rights, and from the moment of detention, given an opportunity to personally defend himself/herself or to receive legal aid from a defender.

{Part 4 of Article 29 as amended by Law No. 1401-VIII of 02 June 2016}

Every person detained shall have the right to challenge his/her detention in court at any time.

Relatives of an arrested or detained person shall be informed immediately of such an arrest or detention.

Article 30. Everyone shall be guaranteed the inviolability of his/her dwelling place.

Intrusion into a person’s dwelling place or other property, inspection or search thereof shall not be permitted except when under 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, other procedures of entering a person’s dwelling place or other property, inspecting or searching thereof, determined by law, shall be allowed.

Article 31. Everyone shall be guaranteed privacy of mail, telephone conversations, telegraph and other correspondence. Exceptions shall be established only by a court in cases stipulated by law to prevent crime or ascertain the truth during the investigation of a criminal case if it is not possible to obtain information by other means.

Article 32. No one shall be subject to interference in his/her private and family life, except in cases envisaged by the Constitution of Ukraine.

{For official interpretation of part 1, Article 32, see Constitutional Court Judgment No. 2-rp/2012 of 20 January 2012}

The collection, storage, use, and dissemination of confidential information about a person without his/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.

{For official interpretation of part 2, Article 32, see Constitutional Court Judgment No. 2-rp/2012 of 20 January 2012}

Every citizen shall have the right to have access to the information about himself/herself possessed by government authorities and local government, institutions, and organisations unless such information is a State or other secret protected by law.

Everyone shall be guaranteed judicial protection of the right to rectify incorrect information about himself/herself and members of his/her family, the right to demand the expungement of any type of information, and the right to compensation for pecuniary and non-pecuniary damages caused by the collection, storage, use, and dissemination of such incorrect information.

Article 33. Every person legally staying in the territory of Ukraine shall be guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, except for restrictions stipulated by law.

A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time.

Article 34. Everyone shall be guaranteed the right to freedom of thought and speech and free expression of his/her views and beliefs.

Everyone shall have the right to freely collect, store, use, and disseminate information by oral, written, or other means at his/her discretion.

{For official interpretation of part 2, Article 34, see Constitutional Court Judgment No. 2-rp/2012 of 20 January 2012}

The exercise of such rights may be restricted by law in the interests of national security, territorial integrity, or public order, for the purposes of preventing disturbances or crimes, protecting the health of the population, protecting the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice.

{For official interpretation of part 3, Article 34, see Constitutional Court Judgment No. 2-rp/2012 of 20 January 2012}

Article 35. Everyone shall have the right to freedom of personal philosophy and religion. This right shall include the freedom to profess any religion or profess no religion, to freely practice religious rites and ceremonial rituals, alone or collectively, and to pursue religious activities.

The exercise of this right may be restricted by law only to protect the public order, health and morality of the population, or to protect the rights and freedoms of other persons.

The Church and religious organisations in Ukraine shall be separated from the State, and the school shall be separated from the Church. No religion shall be recognised by the State as mandatory.

No one shall be exempt from his/her duties to the State or refuse to abide by laws on religious grounds. If the performance of military duty contradicts the religious beliefs of a citizen, the performance of this duty shall be replaced by alternative (non-military) service.

Article 36. Citizens of Ukraine shall have the right to freedom of association into political parties and public organisations for exercising and protecting their rights and freedoms and for satisfying their political, economic, social, cultural and other interests, with the exception of restrictions established by law in the interests of national security and public order, protection of public health, or protection of rights and freedoms of other persons.

Political parties in Ukraine shall promote the formation and expression of political will of citizens and shall participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties shall be determined exclusively by this Constitution and the laws of Ukraine.

Citizens shall have the right to take part in trade unions with the purpose of protecting their labour and socio-economical rights and interests. Trade unions shall be public organisations uniting citizens bound by common interests in accordance with the nature of their professional activity. Trade unions shall be formed without prior permission on the basis of the free choice of their members. All trade unions shall have equal rights. Restrictions on membership in trade unions shall be determined exclusively by this Constitution and the laws of Ukraine.

No one may be forced to join any association of citizens or be restricted in his/her rights for belonging or not belonging to political parties or public organisations.

All associations of citizens shall be equal before the law.

Article 37. The establishment and activity of political parties and public associations shall be prohibited if their programme goals or actions are aimed at the liquidation of the independence of Ukraine, change of the constitutional order by force, violation of the sovereignty and territorial indivisibility of the State, undermining of its security, unlawful seizure of State power, propaganda of war or violence, incitement of inter-ethnic, racial, or religious enmity, and infringement of human rights and freedoms and the health of the population.

Political parties and public associations shall not have paramilitary formations.

The creation and activity of organisational structures of political parties shall not be permitted within executive and judicial authorities and executive local government, in military formations, as well as at state enterprises, educational establishments, and other state institutions and organisations.

The prohibition of the activities of associations of citizens shall be possible only through a judicial procedure.

Article 38. Citizens shall have the right to participate in the administration of state affairs, in All-Ukrainian and local referendums, to freely elect and to be elected to the government authorities and local government.

{For official interpretation of part 1, Article 38, see Constitutional Court Judgment No. 7-rp/99 of 06 July 1999}

Citizens shall enjoy the equal right of access to the civil service and to service in local government.

Article 39. Citizens shall have the right to assemble peacefully without arms and to hold meetings, rallies, processions, and demonstrations upon notifying the executive authorities or local government in advance.

{For official interpretation of part 1, Article 39, see Constitutional Court Judgment No. 4-rp/2001 of 19 April 2001}

Restrictions on the exercise of this right may be established by a court in accordance with law and only in the interests of national security and public order to prevent disturbances or crimes, protect the health of the population, or protect the rights and freedoms of other persons.

Article 40. Everyone shall have the right to file individual or collective petitions, or to personally appeal to government authorities, local government, officials and officers of these authorities that are obliged to consider the petitions and provide a substantiated reply within the term established by law.

Article 41. Everyone shall have the right to own, use, or dispose of his/her property and the results of his/her intellectual or creative activities.

The right of private property shall be acquired under the procedure determined by law.

Citizens may use the objects of state or communal property in accordance with law in order to satisfy their needs.

No one shall be unlawfully deprived of the right of property. The right of private property shall be inviolable.

The expropriation of private property objects may be applied only as an exception for the reasons of social necessity, on the grounds and in the manner established by law, and subject to advance and complete compensation of the value of such objects. The expropriation of such objects with subsequent complete compensation of their value shall be permitted only under conditions of martial law or a state of emergency.

Confiscation of property may be applied only pursuant to a court decision in the cases, to the extent and in the manner established by law.

The use of property shall not prejudice the rights, freedoms, and dignity of citizens, the interests of society or aggravate the environmental situation and the natural qualities of land.

Article 42. Everyone shall have the right to entrepreneurial activity that is not prohibited by law.

The entrepreneurial activity of deputies, officials and officers of government authorities and of local government shall be restricted by law.

The State shall ensure the protection of competition in entrepreneurial activity. The abuse of a monopolistic position in the market, unlawful restriction of competition, and unfair competition shall not be permitted. The types and limits of monopolies shall be determined by law.

The State shall protect the rights of consumers, exercise control over the quality and safety of products and all types of services and works, and promote the activities of public consumer associations.

Article 43. Everyone shall have the right to labour, including the possibility to earn a living by labour that he/she freely chooses or to which he/she freely agrees.

The State shall create conditions for citizens to fully realise their right to labour, guarantee equal opportunities in the choice of profession and types of labour activities, and implement programmes for vocational education, training, and retraining of personnel according to the needs of society.

The use of forced labour shall be prohibited. Military or alternative (non-military) service, work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the martial or state of emergency laws, shall not be considered the forced labour.

Everyone shall have the right to proper, safe, and healthy labour conditions and to remuneration no less than the minimum wage determined by law.

The employment of women and minors for work hazardous to their health shall be prohibited.

Citizens shall be guaranteed protection from unlawful dismissal.

The right to timely payment for work performed shall be protected by law.

Article 44. Those who are employed shall have the right to strike in order to protect their economic and social interests.

The procedure for exercising the right to strike shall be established by law taking into account the necessity to ensure national security, public health protection, and rights and freedoms of other persons.

No one shall be forced to participate or not to participate in a strike.

The prohibition of a strike shall be possible only on the basis of the law.

Article 45. Everyone who is employed shall have the right to rest.

This right shall be ensured by providing weekly rest days and paid annual vacation, establishing a shorter working day for certain professions and industries, and reducing working hours at night.

The maximum duration of working hours, the minimum duration of rest and paid annual vacation, days off and holidays, as well as other conditions for exercising this right, shall be determined by law.

Article 46. Citizens shall have the right to social protection including the right to financial security in cases of complete, partial, or temporary disability, loss of the principal wage-earner, unemployment due to circumstances beyond their control, old age, and in other cases determined by law.

This right shall be guaranteed by the compulsory state social insurance based on insurance payments made by citizens, enterprises, institutions, and organisations, as well as by budgetary and other sources of social security; and by establishing a network of state, communal, and private institutions caring for incapacitated persons.

Pensions and other types of social payments and assistance that are the principal sources of subsistence shall ensure a standard of living not lower than the minimum living standard established by law.

Article 47. Everyone shall have the right to housing. The State shall create conditions enabling every citizen to build, purchase, or rent housing.

Citizens in need of social protection shall be provided with housing by the government authorities and local government, free of charge or at a price affordable for them in accordance with law.

No one shall be forcibly deprived of housing other than on the basis of the law pursuant to a court decision.

Article 48. Everyone shall have the right to a standard of living sufficient for themselves and their families including adequate nutrition, clothing, and housing.

Article 49. Everyone shall have the right to health protection, medical care and medical insurance.

Health protection shall be ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prevention programmes.

The State shall create conditions for effective medical service accessible to all citizens. State and communal health protection institutions shall render medical care free of charge; the existing network of such institutions shall not be reduced. The State shall promote the development of medical institutions under all forms of ownership.

{For official interpretation of part 3, Article 49, see Constitutional Court Judgment No. 10-rp/2002 of 29 May 2002}

The State shall provide for the development of physical culture and sports and ensure sanitary-epidemic welfare.

Article 50. Everyone shall have the right to an environment that is safe for life and health and to compensation for damages caused by violation of this right.

Everyone shall be guaranteed the right of free access to information about the environmental situation, the quality of foodstuffs and consumer goods, as well as the right to disseminate such information. No one shall make such information secret.

Article 51. Marriage shall be based on free consent between a woman and a man. Each of the spouses shall have equal rights and duties in the marriage and family.

Parents shall be obliged to sustain their children until they are of full age. Adult children shall be obliged to care for their parents who are incapable to work.

The family, childhood, motherhood, and fatherhood shall be under the protection of the State.

Article 52. Children shall be equal in their rights regardless of their origin and whether they are born in or out of wedlock.

Any violence against a child or his/her exploitation shall be prosecuted by law.

The subsistence and upbringing of orphans and children deprived of parental care shall be entrusted to the State. The State shall encourage and support charitable activity in regard to children.

Article 53. Everyone shall have the right to education.

Complete general secondary education shall be compulsory.

The State shall ensure accessible and free pre-school, complete general secondary, vocational and higher education at the state and communal educational establishments; the development of pre-school, complete general secondary, extra-curricular, vocational, higher and post-graduate education, various forms of study; the provision of state scholarships and privileges to pupils and students.

{For official interpretation of part 3, Article 53, see Constitutional Court Judgment No. 5-rp/2004 of 4 March 2004}

Citizens shall have the right to obtain free higher education at the state and communal educational establishments on a competitive basis.

Citizens belonging to national minorities shall be guaranteed, in accordance with law, the right to education in their native language, or to study their native language at the state and communal educational establishments or through national cultural societies.

Article 54. Citizens shall be guaranteed the freedom of literary, artistic, scientific, and technical creative activities, protection of intellectual property, their copyright, moral and material interests arising in connection with various types of intellectual activity.

Every citizen shall have the right to the product of his/her intellectual, creative activity; no one shall use or distribute them without his/her consent, except for the cases established by law.

The State shall promote the development of science and the establishment of scientific relations of Ukraine with the world community.

Cultural heritage shall be protected by law.

The State shall ensure the preservation of historical monuments and other objects of cultural value, and take measures to return to Ukraine the cultural treasures of the nation located beyond its borders.

Article 55. Human and citizen rights and freedoms shall be protected by the court.

{For official interpretation of part 1, Article 55, see Constitutional Court Judgment No. 9-zp of 25 December 1997}

Everyone shall be guaranteed the right to challenge in court the decisions, actions, or inactivity of government authorities, local government, officials and officers.

{For official interpretation of part 2, Article 55, see Constitutional Court Judgments No. 6-zp of 25 November 1997, No. 19-rp/2011 of 14 December 2011}

Everyone shall have the right to appeal for the protection of his/her rights to the Ukrainian Parliament Commissioner for Human Rights.

Everyone shall be guaranteed the right to file a constitutional complaint with the Constitutional Court of Ukraine on the grounds established by this Constitution and in the manner prescribed by law.

{Article 55 has been supplemented with new part under Law No.1401-VIII of 02 June 2016}

After exhausting all domestic legal instruments, everyone shall have the right to appeal for the protection of his/her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organisations of which Ukraine is a member or participant.

{Part 5 of Article 55 as amended by Law No. 1401-VIII of 02 June 2016}

Everyone shall have the right to protect his/her rights and freedoms against violations and illegal encroachments by any means not prohibited by law.

Article 56. Everyone shall have the right to compensation, at the expense of the State or local government, for pecuniary and non-pecuniary damages caused by unlawful decisions, actions, or inactivity of government authorities, local government, officials, or officers while exercising their powers.

Article 57. Everyone shall be guaranteed the right to know his/her rights and duties.

Laws and other regulatory acts defining the rights and duties of citizens shall be brought to the notice of the population in the manner established by law.

Laws and other regulatory acts defining the rights and duties of citizens, which have not been brought to the notice of the population in the manner established by law, shall be invalid.

Article 58. Laws and other regulatory acts shall have no retroactive force except where they mitigate or nullify the responsibility of a person.

{For official interpretation of part 1, Article 58, see Constitutional Court Judgment No. 1-rp/99 of 9 February 1999}

No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence.

{For official interpretation of Article 58, see Constitutional Court Judgments No. 1-zp of 13 May 1997, No. 6-rp/2000 of 19 April 2000}

Article 59. Everyone shall have the right to legal aid. Such assistance shall be rendered free of charge in cases stipulated by law. Everyone shall be free to choose the defender of his/her rights.

{Part 1 of Article 59 as amended by Law No. 1401-VIII of 02 June 2016}

{For official interpretation of part 1, Article 59, see Constitutional Court Judgment No. 13-rp/2000 of 16 November 2000}

{For official interpretation of part 1, Article 59, see Constitutional Court Judgment No. 23-rp/2009 of 30 September 2009}

{Part 2 of Article 59 has been deleted under Law No. 1401-VIII of 02 June 2016}

Article 60. No one shall be obliged to execute rulings or orders that are manifestly criminal.

The issue or execution of a manifestly criminal ruling or order shall entail legal liability.

Article 61. No person may be brought to legal liability of the same type for the same offence twice.

The legal liability of a person shall be of an individual character.

Article 62. A person shall be presumed innocent of committing a crime and shall not be subjected to criminal punishment until his/her guilt is proved through a legal procedure and established by a court verdict of guilty.

No one shall be obliged to prove his/her innocence of committing a crime.

An accusation shall not be based on illegally obtained evidence or on assumptions. All doubts in regard to the proof of guilt of a person shall be interpreted in his/her favour.

{For official interpretation of part 3, Article 62 according to which an accusation shall not be based on illegally obtained evidence, see Constitutional Court Judgment No. 12-rp/2011 of 20 October 2011}

In the event of revocation of a court verdict as unjust, the State shall compensate the pecuniary and non-pecuniary damages caused by the groundless conviction.

Article 63. A person shall not bear responsibility for refusing to testify or to provide explanations about himself/herself, members of his/her family, or close relatives, the circle of whom is determined by law.

A suspect, an accused, or a defendant shall have the right to a defence.

A convicted person shall enjoy all human and civil rights except for the restrictions determined by law and established by a court verdict.

Article 64. Constitutional human and civil rights and freedoms shall not be restricted except in cases stipulated by the Constitution of Ukraine.

Under the conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effect for such restrictions. The rights and freedoms 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.

{For official interpretation of Article 64, see Constitutional Court Judgment No. 9-zp of 25 December 1997}

Article 65. Defence of the Motherland, independence and territorial integrity of Ukraine, respect for its State symbols shall be the duty of the citizens of Ukraine.

Citizens shall perform military service in accordance with law.

Article 66. Everyone shall be obliged not to harm nature or cultural heritage, and to compensate for any damage he/she inflicted.

Article 67. Everyone shall be obliged to pay taxes and duties in the manner and to the extent established by law.

All citizens shall annually file declarations to the tax inspections at their place of residence on their property status and income for the past year in the manner established by law.

Article 68. Everyone shall be obliged to strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the rights, freedoms, honour, or dignity of other persons.

Ignorance of laws shall not exempt from legal liability.

Section III
ELECTIONS. REFERENDUM

Article 69. The expression of the will of the people shall be exercised through elections, referendum and other forms of direct democracy.

{For official interpretation of Article 69, see Constitutional Court Judgment No. 6-rp/2008 of 16 April 2008}

Article 70. Citizens of Ukraine who have attained the age of eighteen as of the day of elections or referendums shall have the right to vote.

Citizens found legally incapable by a court shall not have the right to vote.

Article 71. Elections to the government authorities and local government shall be free and shall be held on the basis of universal, equal and direct suffrage by secret ballot.

Voters shall be guaranteed the free expression of their will.

Article 72. The All-Ukrainian referendum shall be called by the Verkhovna Rada of Ukraine or the President of Ukraine in accordance with their powers determined by this Constitution.

The All-Ukrainian referendum shall be convened as a popular initiative at the request of at least three million citizens of Ukraine eligible to vote, provided that the signatures in favour of the referendum have been collected in at least two-thirds of the oblasts with at least 100,000 signatures gathered in each oblast.

{For official interpretation of part 2, Article 72, see Constitutional Court Judgment No. 6-rp/2008 of 16 April 2008}

Article 73. Issues of altering the territory of Ukraine shall be resolved exclusively by the All-Ukrainian referendum.

Article 74. A referendum shall not be permitted with regard to draft laws on taxation, budgetary or amnesty issues.

Section IV
VERKHOVNA RADA OF UKRAINE

Article 75. The sole legislative authority in Ukraine shall be the parliament – the Verkhovna Rada of Ukraine.

{For official interpretation of Article 75, see Constitutional Court Judgment No. 17-rp/2002 of 17 October 2002}

Article 76. The constitutional composition of the Verkhovna Rada of Ukraine shall comprise 450 Members of Parliament of Ukraine elected for a five-year term on the basis of universal, equal and direct suffrage by secret ballot.

A citizen of Ukraine having attained the age of twenty-one as of the day of elections, having the right to vote, and having resided in the territory of Ukraine for the past five years, may be elected an MP of Ukraine.

A citizen who has a criminal record of committing an intentional crime shall not be elected to the Verkhovna Rada of Ukraine if the record has not been nullified in the manner established by law.

The powers of the MPs of Ukraine shall be determined by the Constitution and the laws of Ukraine.

The Verkhovna Rada of Ukraine shall retain its powers for a five-year term.

{Article 76 as revised by Law No. 742-VII of 21 February 2014}

Article 77. Regular elections to the Verkhovna Rada of Ukraine shall be held on the last Sunday of October of the fifth year of the term of the Verkhovna Rada of Ukraine.

{Part 1 of Article 77 as revised by Laws No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

Extraordinary elections to the Verkhovna Rada of Ukraine shall be appointed by the President of Ukraine and shall be held within sixty days from the day of publication of the decision on early termination of the powers of the Verkhovna Rada of Ukraine.

The procedure for electing the MPs of Ukraine shall be established by law.

Article 78. MPs of Ukraine shall exercise their powers on a permanent basis.

The MPs of Ukraine shall not have another representative mandate or be involved in the civil service or hold another office of profit or undertake other paid or entrepreneurial activity (other than teaching, research or creative activities) or be a member of a management body or a supervisory board of an enterprise or a profit making organisation.

Incompatibility requirements for the mandate of the deputy with other types of activities shall be established by law.

Should any circumstances arise to be in breach with the incompatibility requirements of the mandate of the deputy with other types of activities, the MP of Ukraine shall, within twenty days after the commencement of such circumstances, terminate his/her activities or file a personal application to abdicate his/her position as the MP of Ukraine.

{Article 78 as revised by Law No. 742-VII of 21 February 2014}

Article 79. Before assuming office, MPs of Ukraine shall take the following oath before the Verkhovna Rada of Ukraine:

“I swear allegiance to Ukraine. I commit myself with all my deeds to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and for the welfare of the Ukrainian people.

I swear to abide by the Constitution of Ukraine and the laws of Ukraine, to carry out my duties in the interests of all fellow-citizens.”

The oath shall be read by the eldest MP of Ukraine before the opening of the first session of the newly elected Verkhovna Rada of Ukraine, upon which the MPs shall affirm the oath with their signatures below the text of the oath.

The refusal to take the oath shall result in the loss of the MP's mandate.

The powers of MPs of Ukraine shall commence immediately upon taking of the oath.

{For official interpretation of Article 79, see Constitutional Court Judgment No. 1-zp of 13 May 1997}

Article 80. MPs of Ukraine shall not be legally liable for the results of voting or for statements made in the parliament and in its bodies except for the liability for an insult or defamation.

{Article 80 as revised by Law No. 27-IX of 03 September 2019}

Article 81. The powers of MPs of Ukraine shall terminate with the termination of the powers of the Verkhovna Rada of Ukraine.

The powers of an MP of Ukraine shall be subject to early termination in the event of:

1) his/her resignation through a personal statement;

2) a guilty verdict against him/her entering into legal force;

3) a court declaring him/her incompetent or missing;

4) termination of his/her citizenship or his/her departure from Ukraine for permanent residence abroad;

5) failure of the MP to remedy the circumstances causing a breach in the incompatibility requirements of his/her mandate with other activities within twenty days after the commencement of such circumstances;

6) failure of the MP elected as a member of a political party (an electoral block of parties) to join a deputy faction of such political party (an electoral block of parties) or the termination of the membership of such MP in such faction;

7) his death.

The powers of an MP of Ukraine shall be terminated in case of early termination of authority of the Verkhovna Rada of Ukraine in compliance with the Constitution of Ukraine on the opening day of the first meeting of the Verkhovna Rada of Ukraine of the new convocation.

A decision about early termination of an MP’s powers in cases stipulated in clauses 1 and 4, part 2 of this Article shall be adopted by the Verkhovna Rada of Ukraine, whereas in cases stipulated by clause 5, part 2 of this Article – by the court.

Should a guilty verdict against an MP of Ukraine enter into legal force or should an MP of Ukraine be found legally incapable or missing, the powers of the MP shall be terminated when the relevant court decision comes into force, and in case of the death of an MP of Ukraine – from the date of death confirmed by the certificate of death.

In case of a failure by an MP of Ukraine elected as a member of a political party (an electoral block of parties) to join a deputy faction of such political party (an electoral block of parties) or in case of termination of the membership of MP of Ukraine in such faction, the power of such MP shall be subject to an early termination on the basis of a law by virtue of a decision of the supreme body of the relevant political party (an electoral block of parties) from the date of adoption of such decision.

{Article 81 as revised by Law No. 742-VII of 21 February 2014}

Article 82. The Verkhovna Rada of Ukraine shall work in sessions.

The Verkhovna Rada of Ukraine shall be legally constituted provided that at least two-thirds of its constitutional composition has been elected.

The Verkhovna Rada of Ukraine shall convene its first session no later than on the thirtieth day after the official announcement of the election results.

The first meeting of the newly elected Verkhovna Rada of Ukraine shall be opened by the eldest MP of Ukraine.

{Article 82 as revised by Law No. 742-VII of 21 February 2014}

Article 83. Regular sessions of the Verkhovna Rada of Ukraine shall commence on the first Tuesday of February and the first Tuesday of September each year.

Extraordinary sessions of the Verkhovna Rada of Ukraine shall be convened, mentioning the agenda, by the Chairman of the Verkhovna Rada of Ukraine, at the request of the President of Ukraine or of at least one-third of the constitutional composition of the Verkhovna Rada of Ukraine.

Should a Decree of the President of Ukraine declare an introduction of martial law or a state of emergency in Ukraine or in certain oblasts of Ukraine, the Verkhovna Rada of Ukraine shall hold a meeting within two days without convocation.

If the term of powers of the Verkhovna Rada of Ukraine expires while martial law or a state of emergency is in effect, its powers shall be extended until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine elected after the cancellation of martial law or of the state of emergency.

A procedure for the operation of the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and Rules of Procedure of the Verkhovna Rada of Ukraine.

A coalition of deputy factions comprising a majority of the constitutional composition of the MPs of the Verkhovna Rada of Ukraine shall be formed in the Verkhovna Rada of Ukraine on the basis of the results of elections and on the basis of the harmonisation of the political platforms.

A coalition of deputy factions in the Verkhovna Rada of Ukraine shall be formed within one month from the date of opening of the first meeting of the Verkhovna Rada of Ukraine held upon regular or extraordinary elections to the Verkhovna Rada of Ukraine or within one month after the date of termination of the activity of a coalition of deputy factions in the Verkhovna Rada of Ukraine.

A coalition of deputy factions in the Verkhovna Rada of Ukraine shall, in accordance with this Constitution, present to the President of Ukraine for his/her approval a candidate for the position of the Prime Minister of Ukraine and, in accordance with this Constitution, present candidates for the Cabinet of Ministers of Ukraine.

The basis for the formation, organisation of operation, and termination of activities of coalition of deputy factions in the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and Rules of Procedure of the Verkhovna Rada of Ukraine.

The deputy faction of the Verkhovna Rada of Ukraine comprising the majority of the constitutional composition of the MPs of the Verkhovna Rada of Ukraine shall have the rights of a coalition of deputy factions in the Verkhovna Rada of Ukraine envisaged by this Constitution.

{Article 83 as revised by Law No. 742-VII of 21 February 2014}

Article 84. Meetings of the Verkhovna Rada of Ukraine shall be held openly. A closed meeting shall be held subject to a decision of the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

Decisions of the Verkhovna Rada of Ukraine shall be adopted exclusively at its plenary meetings by voting.

{For official interpretation of part 2, Article 84, see Constitutional Court Judgments No. 11-rp/98 of 07 July 1998, No. 16-rp/2003 of 14 October 2003}

Voting at the meetings of the Verkhovna Rada of Ukraine shall be performed by an MP of Ukraine in person.

{For official interpretation of part 3, Article 84, see Constitutional Court Judgment No. 11-rp/98 of 7 July 1998}

{For official interpretation of Article 84, see Constitutional Court Judgment No. 17-rp/2002 of 17 October 2002}

Article 85. The Verkhovna Rada of Ukraine shall have the following powers:

1) introducing amendments to the Constitution of Ukraine within the limits and by the procedure envisaged by Section XIII of this Constitution;

2) designating an All-Ukrainian referendum on issues determined by Article 73 of this Constitution;

3) adopting laws;

4) approving the State Budget of Ukraine and introducing amendments to it; controlling the implementation of the State Budget of Ukraine and adopting decisions in regard to the report on its implementation;

5) determining the principles of domestic and foreign policy, implementing the strategic course of the State to acquire full membership of Ukraine in the European Union and in the North Atlantic Treaty Organisation;

{Clause 5, part 1 of Article 85 as revised by Law No. 2680-VIII of 07 February 2019}

6) approving national programmes of economic, scientific and technical, social, national and cultural development, and the protection of the environment;

7) designating elections of the President of Ukraine within the terms envisaged by this Constitution;

8) hearing annual and special messages of the President of Ukraine on the domestic and foreign situation of Ukraine;

9) declaring war upon the submission of the President of Ukraine and concluding peace, approving the decision of the President of Ukraine on the use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against Ukraine;

10) removing the President of Ukraine from office in accordance with the special procedure (impeachment) established by Article 111 of this Constitution;

11) considering and adopting the decision in regard to the approval of the Programme of Activity of the Cabinet of Ministers of Ukraine;

12) appointing the Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine upon the submission of the President of Ukraine; appointing other members of the Cabinet of the Ministers of Ukraine, the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Committee for Television and Radio Broadcasting of Ukraine, the Chairman of the State Property Fund of Ukraine upon the submission of the Prime Minister of Ukraine; removing the aforementioned persons from their offices; and resolving resignation of the Prime Minister of Ukraine and the members of the Cabinet of Ministers of Ukraine;

12-1) appointing and removing from office the Chairman of the Security Service of Ukraine upon the submission of the President of Ukraine;

13) exercising control over the activity of the Cabinet of Ministers of Ukraine in accordance with this Constitution;

14) confirming decisions on granting loans and economic aid by Ukraine to foreign states and international organisations and also decisions on Ukraine receiving loans not envisaged by the State Budget of Ukraine from foreign states, banks and international financial organisations, exercising control over their use;

15) adopting the Rules of Procedure of the Verkhovna Rada of Ukraine;

16) appointing to office and dismissing from office the Chairman and other members of the Chamber of Accounting;

17) appointing to office and dismissing from office the Ukrainian Parliament Commissioner for Human Rights; hearing his or her annual reports on the situation of the observance and protection of human rights and freedoms in Ukraine;

18) appointing to office and dismissing from office the Chairman of the National Bank of Ukraine on the submission of the President of Ukraine;

19) appointing and dismissing one-half of the composition of the Council of the National Bank of Ukraine;

20) appointing one-half of the composition of the National Council of Ukraine on Television and Radio Broadcasting;

21) appointing to office and terminating the authority of the members of the Central Election Commission on the submission of the President of Ukraine;

22) confirming the general structure and numerical strength, and defining the functions of the Armed Forces of Ukraine, the Security Service of Ukraine and other military formations created in accordance with the laws of Ukraine, and also the Ministry of Internal Affairs of Ukraine;

23) approving decisions on providing military assistance to other states, on sending units of the Armed Forces of Ukraine to another state, or on admitting units of armed forces of other states on to the territory of Ukraine;

24) designating the State symbols of Ukraine;

25) granting consent for the appointment to office by the President of Ukraine of the Prosecutor General; declaring no confidence in the Prosecutor General resulting in his or her resignation from office;

{Clause 25, part 1 of Article 85 as revised by Law No. 1401-VIII of 02 June 2016}

26) appointing one-third of the composition of the Constitutional Court of Ukraine;

{Clause 26, part 1 of Article 85 as revised by Law No. 1401-VIII of 02 June 2016}

{Clause 27, part 1 of Article 85 has been deleted under Law No. 1401-VIII of 02 June 2016}

28) terminating prior to the expiration of the term of authority of the Verkhovna Rada of the Autonomous Republic of Crimea, based on the opinion of the Constitutional Court of Ukraine that the Constitution of Ukraine or the laws of Ukraine have been violated by the Verkhovna Rada of the Autonomous Republic of Crimea; designating special elections to the Verkhovna Rada of the Autonomous Republic of Crimea;

29) establishing and abolishing raions, establishing and altering the boundaries of raions and cities, assigning inhabited localities to the category of cities, naming and renaming inhabited localities and raions;

30) designating regular and special elections to local government;

31) confirming, within two days from the moment of the address by the President of Ukraine, decrees on the introduction of martial law or of a state of emergency in Ukraine or in its particular areas, on total or partial mobilisation, and on the announcement of particular areas as zones of an ecological emergency situation;

32) granting consent to the binding character of international treaties of Ukraine, and denouncing international treaties of Ukraine;

33) exercising parliamentary control within the limits determined by this Constitution and law;

34) adopting decisions on forwarding an inquiry to the President of Ukraine on the demand of an MP of Ukraine, a group of MPs or a Committee of the Verkhovna Rada of Ukraine, previously supported by no less than one-third of the constitutional composition of the Verkhovna Rada of Ukraine;

35) appointing to office and dismissing from office the Head of Secretariat of the Verkhovna Rada of Ukraine; approving the budget of the Verkhovna Rada of Ukraine and the structure of its Secretariat;

36) confirming the list of objects of the right of state property that are not subject to privatisation; determining the legal principles for the expropriation of objects of the right of private property.

37) approving the Constitution of the Autonomous Republic of Crimea and amendments thereto.

The Verkhovna Rada of Ukraine exercises other powers ascribed to its competence in accordance with the Constitution of Ukraine.

{Article 85 as revised by Law No. 742-VII of 21 February 2014}

Article 86. At a session of the Verkhovna Rada of Ukraine, an MP of Ukraine shall have the right to make inquiries to bodies of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, heads of other government authorities and local government, as well as heads of enterprises, institutions, and organisations located in the territory of Ukraine, irrespective of their subordination and forms of ownership.

{For official interpretation of part 1, Article 86, see Constitutional Court Judgments No. 4-rp/99 of 19 May 99, No. 4-rp/2000 of 11 April 2000, No. 4-rp/2002 of 20 March 2002, № 5-rp/2003 of 05 March 2003, No. 16-rp/2003 of 14 October 2003}

Heads of government authorities and local government, enterprises, institutions and organisations shall be obliged to notify an MP of Ukraine of the results of his/her inquiry.

Article 87. The Verkhovna Rada of Ukraine, upon the proposal of the President of Ukraine or at least one-third of the constitutional composition of the MPs of Ukraine, may consider an issue concerning responsibility of the Cabinet of Ministers of Ukraine or adopt a resolution of non-confidence in the Cabinet of Ministers of Ukraine by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

The issue of responsibility of the Cabinet of Ministers of Ukraine shall not be considered by the Verkhovna Rada of Ukraine more than once during the same regular session, or within one year after the approval of the Programme of Activity of the Cabinet of Ministers of Ukraine, or in the course of the last session of the Verkhovna Rada of Ukraine.

{Article 87 as revised by Law No. 742-VII of 21 February 2014}

Article 88. The Verkhovna Rada of Ukraine shall elect from among its members the Chairman of the Verkhovna Rada of Ukraine, the First Deputy Chairman and the Deputy Chairman of the Verkhovna Rada of Ukraine, and shall recall them from their offices.

{Part 1 of Article 88 as revised by Law No. 742-VII of 21 February 2014}

The Chairman of the Verkhovna Rada of Ukraine shall:

1) preside at meetings of the Verkhovna Rada of Ukraine;

2) organise the operation and proceedings of the Verkhovna Rada of Ukraine and co-ordinate the activities of its bodies;

{Clause 2, part 2 of Article 88 as revised by Law No. 742-VII of 21 February 2014}

3) sign acts adopted by the Verkhovna Rada of Ukraine;

4) represent the Verkhovna Rada of Ukraine in relations with other government authorities of Ukraine and with the government authorities of other states;

5) organise the work of the Secretariat of the Verkhovna Rada of Ukraine.

The Chairman of the Verkhovna Rada of Ukraine shall exercise the powers stipulated by this Constitution in the manner established by the Rules of Procedure of the Verkhovna Rada of Ukraine.

{Part 3 of Article 88 as revised by Law No. 742-VII of 21 February 2014}

Article 89. The Verkhovna Rada of Ukraine, for the purposes of law drafting, preparation, and preliminary consideration of issues falling within its powers, and to exercise the supervisory functions in compliance with the Constitution of Ukraine, shall form the Committees of the Verkhovna Rada of Ukraine from among MPs of Ukraine and shall elect chairmen, first deputy chairmen, deputy chairmen and secretaries of such Committees.

The Verkhovna Rada of Ukraine, within the limits of its powers, may establish temporary ad hoc commissions for the preparation and preliminary consideration of issues.

To investigate issues of public interest, the Verkhovna Rada of Ukraine shall establish interim investigative commissions, provided that at least one-third of the constitutional composition of the Verkhovna Rada of Ukraine has voted in favour thereof.

The conclusions and proposals of interim investigative commissions shall not be decisive for investigation and court.

The organisation and operational procedure of Committees of the Verkhovna Rada of Ukraine, its temporary ad hoc and interim investigative commissions shall be established by law.

{Article 89 as revised by Law No. 742-VII of 21 February 2014}

Article 90. The powers of the Verkhovna Rada of Ukraine shall be terminated on the day of the opening of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.

The President of Ukraine shall have the right to an early termination of powers of the Verkhovna Rada of Ukraine in the following cases:

1) the Verkhovna Rada of Ukraine fails to form a coalition of deputy factions in compliance with Article 83 of this Constitution within one month;

2) no new Cabinet of Ministers of Ukraine has been formed within sixty days after the resignation of the Cabinet of Ministers of Ukraine;

3) plenary sessions fail to commence within thirty days of a single regular session.

A decision on the early termination of powers of the Verkhovna Rada of Ukraine shall be taken by the President of Ukraine upon consultations with the Chairman of the Verkhovna Rada of Ukraine, his/her deputies, and leaders of deputy factions in the Verkhovna Rada of Ukraine.

The powers of the Verkhovna Rada of Ukraine elected at extraordinary elections held after the early termination of powers of the Verkhovna Rada of Ukraine of the previous convocation by the President of Ukraine shall not be terminated within one year from the date of its election.

The powers of the Verkhovna Rada of Ukraine may not be subject to early termination by the President of Ukraine within the last six months of the term of powers of the Verkhovna Rada of Ukraine or the President of Ukraine.

{Article 90 as revised by Law No. 742-VII of 21 February 2014}

Article 91. The Verkhovna Rada of Ukraine shall adopt laws, resolutions, and other acts by the majority of its constitutional composition except in cases stipulated by this Constitution.

{For official interpretation of Article 91, see Constitutional Court Judgments No. 17-rp/2002 of 17 October 2002, No. 16-rp/2003 of 14 October 2003}

Article 92. The following shall be determined exclusively by laws of Ukraine:

1) human and citizens' rights and freedoms, the guarantees of these rights and freedoms; the main duties of the citizen;

2) citizenship, the legal personality of citizens, the status of foreigners and stateless persons;

3) the rights of indigenous peoples and national minorities;

4) the procedure for the use of languages;

5) the principles of the use of natural resources, the exclusive (maritime) economic zone and the continental shelf, the exploration of outer space, the organisation and operation of power supply systems, transportation and communications;

6) the fundamentals of social protection, the forms and types of pension; the principles of the regulation of labour and employment, marriage, family, the protection of childhood, motherhood, and fatherhood; upbringing, education, culture, and health care; ecological safety;

7) the legal framework for property;

8) the legal principles and guarantees for entrepreneurship; the rules of competition and norms of antimonopoly regulation;

9) the principles of foreign relations, foreign economic activity, and customs practices;

10) the principles of demographic and migration processes regulation;

11) the principles of the establishment and activity of political parties, other associations of citizens, and the mass media;

12) the organisation and activity of executive authorities, the fundamentals of civil service, the organisation of state statistics and informatics;

13) the territorial structure of Ukraine;

{For official interpretation of clause 13, part 1 of Article 92, see Constitutional Court Judgment No. 11-rp/2001 of 13 July 2001}

14) the judicial system, judiciary, the status of judges, the principles of judicial expertise, the organisation and operation of the prosecutor’s office, the notary, pre-trial investigation bodies, the bodies and institutions for the enforcement of punishments; the procedure of the execution of judgement, the fundamentals of the organisation and activity of advocates;

{Clause 14, part 1 of Article 92 as revised by Law No. 1401-VIII of 02 June 2016}

15) the principles of local self-governanment;

16) the status of the capital of Ukraine; the special status of other cities;

17) the fundamentals of national security, the organisation of the Armed Forces of Ukraine and ensuring public order;

18) the legal regime of the state border;

19) the legal regime of martial law and a state of emergency, zones of ecological emergency situations;

20) the organisation and procedure for conducting elections and referendums;

21) the organisation and operational procedure of the Verkhovna Rada of Ukraine, the status of MPs of Ukraine;

22) the principles of civil legal liability; acts deemed as crimes, administrative or disciplinary offences, and liability for them.

{For official interpretation of clause 22, part 1 of Article 92, see Constitutional Court Judgment No. 7-rp/2001 of 30 May 2001}

The following matters shall be established exclusively by laws of Ukraine:

1) the State Budget of Ukraine and the budgetary system of Ukraine; the system of taxation, taxes and duties; the principles of the formation and operation of financial, monetary, credit, and investment markets; the status of the national currency and the status of foreign currencies on the territory of Ukraine; the procedure for the formation and settlement of state domestic and foreign debt; and the procedure for the issue and circulation of state securities, their types and forms;

2) the procedure for dispatching units of the Armed Forces of Ukraine to other states; the procedure for admitting and the terms for stationing units of armed forces of other states on the territory of Ukraine;

3) units of weight, measure and time; the procedure for the establishment of state standards;

4) the procedure for the use and protection of State symbols;

5) state awards;

6) military, diplomatic, and other special ranks;

7) public holidays;

8) the procedure for the establishment and functioning of free and other special zones having an economic and migration regime other than the general regime.

Amnesty shall be declared by the law of Ukraine.

Article 93. The right of legislative initiative in the Verkhovna Rada of Ukraine shall be vested in the President of Ukraine, the MPs of Ukraine, and the Cabinet of Ministers of Ukraine.

Draft laws defined by the President of Ukraine as urgent shall be considered out of turn by the Verkhovna Rada of Ukraine.

{Article 93 as revised by Law No. 742-VII of 21 February 2014}

Article 94. The Chairman of the Verkhovna Rada of Ukraine shall sign a law and forward it without delay to the President of Ukraine.

The President of Ukraine shall sign such law within fifteen days from its receipt, accepting it for execution, and shall officially promulgate it or return to the Verkhovna Rada of Ukraine with substantiated and formulated proposals for reconsideration.

{For official interpretation of part 2, Article 94, see Constitutional Court Judgments No. 11-rp/98 of 07 July 1998, No. 6-rp/2008 of 16 April 2008}

Should the President of Ukraine fail to return a law for reconsideration within the established period, such law shall be deemed approved by the President of Ukraine and shall be signed and officially promulgated.

Should the Verkhovna Rada of Ukraine adopt a law during its reconsideration by at least two-thirds of the constitutional composition of the MPs, the President of Ukraine shall be obliged to sign and officially promulgate such law within ten days. Should the President fail to sign such law, it shall be immediately promulgated by the Chairman of the Verkhovna Rada of Ukraine and published with the signature of the Chairman of the Verkhovna Rada of Ukraine.

{Part 4 of Article 94 as revised by Law No. 742-VII of 21 February 2014}

A law shall enter into force in ten days after the date of its official promulgation, unless otherwise stipulated by such law, provided that such other date shall not be earlier than the date of publication of such law.

{For official interpretation of part 5, Article 94, see Constitutional Court Judgment No. 4-zp of 3 October 1997}

Article 95. The budgetary system of Ukraine shall be based on the principles of fair and impartial distribution of social wealth among citizens and territorial communities.

{For official interpretation of part 1, Article 95, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

Any state expenditures for the needs of the entire society and the extent and purposes of such expenditures shall be determined exclusively by the law on the State Budget of Ukraine.

{For official interpretation of part 2, Article 95, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

The State shall strive for a balanced budget of Ukraine.

{For official interpretation of part 3, Article 95, see Constitutional Court Judgments No. 26-rp/2008 of 27 November 2008, No. 3-pr/2012 of 25 January 2012}

Regular reports on revenues and expenditures of the State Budget of Ukraine shall be made public.

Article 96. The State Budget of Ukraine shall be annually approved by the Verkhovna Rada of Ukraine for the period from 1 January to 31 December, or for a different period under special circumstances.

The Cabinet of Ministers of Ukraine shall submit a draft law on the State Budget of Ukraine for the succeeding year to the Verkhovna Rada of Ukraine no later than 15 September of each year. The report on the course of the execution of the State Budget of Ukraine in the current year shall be submitted along with the draft law.

{For official interpretation of part 2, Article 96, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

Article 97. The Cabinet of Ministers of Ukraine shall submit a report on the execution of the State Budget of Ukraine to the Verkhovna Rada of Ukraine in accordance with the law.

The submitted report shall be made public.

Article 98. The Accounting Chamber shall, on behalf of the Verkhovna Rada of Ukraine, exercise control over the revenue to the State Budget of Ukraine and the use thereof.

The organisation, powers, and operational procedure of the Accounting Chamber shall be determined by law.

{Article 98 as revised by Laws No. 586-VII of 19 September 2013, No. 742-VII of 21 February 2014}

Article 99. The currency unit of Ukraine shall be hryvnia.

Ensuring the stability of the currency unit shall be the major function of the central bank of the State – the National Bank of Ukraine.

Article 100. The Council of the National Bank of Ukraine shall develop the basic principles of monetary and credit policy and control its implementation.

The legal status of the Council of the National Bank of Ukraine shall be determined by law.

Article 101. Parliamentary control over the observance of human and citizens' constitutional rights and freedoms shall be exercised by the Ukrainian Parliament Commissioner for Human Rights.

Section V
PRESIDENT OF UKRAINE

Article 102. The President of Ukraine shall be the Head of the State and shall act on behalf of the State.

The President of Ukraine shall be the guarantor of the state sovereignty and territorial integrity of Ukraine, the observance of the Constitution of Ukraine, human and citizens' rights and freedoms.

The President of Ukraine shall be the guarantor of the implementation of the strategic course of the State to acquire full membership of Ukraine in the European Union and the North Atlantic Treaty Organisation.

{Article 102 has been supplemented with part 3 under Law No. 2680-VIII of 7 February 2019}

Article 103. The President of Ukraine shall be elected by the citizens of Ukraine for a five-year period on the basis of universal, equal, and direct suffrage by secret ballot.

{For official interpretation of part 1, Article 103, see Constitutional Court Judgment No. 5-rp/2014 of 15 May 2014}

A citizen of Ukraine having attained the age of thirty-five, having the right to vote, residing in Ukraine for the past ten years prior to the day of elections, and having command of the state language may be elected as the President of Ukraine.

The same person may not serve as the President of Ukraine for more than two consecutive terms.

{For official interpretation of part 3, Article 103, see Constitutional Court Judgment No. 22-rp/2003 of 25 December 2003}

The President of Ukraine shall not have another representative mandate, hold office in government authorities or associations of citizens, perform any other paid or entrepreneurial activity, and shall not be a member of an administrative body or supervisory board of a profit-making enterprise.

Regular elections of the President of Ukraine shall be held on the last Sunday of March of the fifth year of authority of the President of Ukraine. In case of early termination of the authority of the President of Ukraine, elections of the President of Ukraine shall be held within ninety days from the day of termination of the authority.

{Part 5 of Article 103 as revised by Laws No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

{For official interpretation of part 5, Article 103, see Constitutional Court Judgment No. 5-rp/2014 of 15 May 2014}

The procedure for holding elections of the President of Ukraine shall be established by law.

Article 104. The newly elected President of Ukraine shall assume office within thirty days after the official announcement of the election results, upon taking the oath to the people at a ceremonial meeting of the Verkhovna Rada of Ukraine.

The Chairman of the Constitutional Court of Ukraine shall administer the oath to the President of Ukraine.

The President of Ukraine shall take the following oath:

“I, (name and surname), elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and 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 shall take the oath within five days after the official announcement of the election results.

{For official interpretation of Article 104, see Constitutional Court Judgment No. 17-rp/2002 of 17 October 2002}

Article 105. The President of Ukraine shall enjoy the right of immunity for the period of his/her authority.

{For official interpretation of part 1, Article 105, see Constitutional Court Judgment No. 19-rp/2003 of 10 December 2003}

Persons guilty of infringing upon the honour and dignity of the President of Ukraine shall be liable according to law.

The title of the President of Ukraine shall be protected by law and shall be reserved for the President for life unless the President of Ukraine has been removed from the office under the procedure of impeachment.

Article 106. The President of Ukraine shall:

1) ensure the independence, national security, and legal succession of the State;

2) address the people, deliver annual and extraordinary speeches on the domestic and foreign situation of Ukraine to the Verkhovna Rada of Ukraine;

3) represent the State in international relations, administer the foreign political activity of the State, conduct negotiations and conclude international treaties of Ukraine;

4) adopt decisions on the recognition of foreign states;

5) appoint and dismiss heads of diplomatic missions of Ukraine to other states and to international organisations; accept credentials and letters of recall of diplomatic representatives of foreign states;

6) appoint the All-Ukrainian referendum regarding amendments to the Constitution of Ukraine in accordance with Article 156 of this Constitution, and proclaim the All-Ukrainian referendum initiated through the popular initiative;

{For official interpretation of clause 6, part 1 of Article 106, see Constitutional Court Judgment No. 23-rp/2008 of 15 October 2008}

7) designate extraordinary elections to the Verkhovna Rada of Ukraine within the period determined by this Constitution;

8) terminate the authority of the Verkhovna Rada of Ukraine in cases stipulated by this Constitution;

{Clause 8, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

9) submit, on the proposal of the coalition of deputy factions in the Verkhovna Rada of Ukraine formed in compliance with Article 83 of the Constitution of Ukraine, the submission regarding the appointment of the Prime Minister of Ukraine by the Verkhovna Rada of Ukraine within fifteen days after a receipt of such proposal;

{Clause 9, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

10) forward the submission to the Verkhovna Rada of Ukraine regarding the appointment of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;

{Clause 10, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

11) appoint to and dismiss from office the Prosecutor General of Ukraine subject to an approval by the Verkhovna Rada of Ukraine;

{Clause 11, part 1 of Article 106 as revised by Laws No. 742-VII of 21 February 2014, No. 1401-VIII of 02 June 2016}

12) appoint and dismiss one half of the composition of the Council of the National Bank of Ukraine;

{Clause 12, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

13) appoint and dismiss one half of the composition of the National Council of Ukraine on Television and Radio Broadcasting;

{Clause 13, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

14) forward to the Verkhovna Rada of Ukraine the submission regarding the appointment or dismissal of the Head of the Security Service of Ukraine;

{Clause 14, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

15) revoke acts of the Cabinet of Ministers of Ukraine on the ground of their non-compliance with this Constitution and simultaneously appeal to the Constitutional Court of Ukraine for the verification of the constitutionality of such acts;

{Clause 15, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

16) revoke acts of the Council of Ministers of the Autonomous Republic of Crimea;

{Clause 16, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

17) be the Commander-in-Chief of the Armed Forces of Ukraine; appoint and dismiss the high command of the Armed Forces of Ukraine and other military formations; administer the national security and defence of the State;

18) be the Head of the National Security and Defence Council of Ukraine;

19) forward the submission to the Verkhovna Rada of Ukraine on the declaration of a state of war, and adopt the decision on the use of the Armed Forces and other military formations established in compliance with laws of Ukraine in the event of armed aggression against Ukraine;

{Clause 19, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

20) adopt a decision, in accordance with law, on the general or partial mobilisation and the introduction of martial law in Ukraine or its particular territories in the event of a threat of aggression or danger to the independence of Ukraine;

21) where necessary, adopt a decision on the introduction of a state of emergency in Ukraine or its particular territories or declare certain territories of Ukraine as zones of ecological emergency situation with the subsequent approval of such decisions by the Verkhovna Rada of Ukraine;

22) appoint to office one-third of the composition of the Constitutional Court of Ukraine;

{Clause 22, part 1 of Article 106 as revised by Laws No. 742-VII of 21 February 2014, No. 1401-VIII of 02 June 2016}

{Clause 23, part 1 of Article 106 has been deleted under Law No. 1401-VIII of 02 June 2016}

24) confer high military, high diplomatic, and other high special ranks and class orders;

25) confer state awards; establish presidential distinctions and confer them;

26) adopt decisions on granting the citizenship of Ukraine, termination of the citizenship of Ukraine, and on granting asylum in Ukraine;

27) grant pardons;

28) create, within the limits of the funds stipulated in the State Budget of Ukraine, consultative, advisory, and other subsidiary bodies and services assisting in the exercise of Presidential authority;

29) sign laws adopted by the Verkhovna Rada of Ukraine;

30) have the right to veto laws adopted by the Verkhovna Rada of Ukraine (except for the laws on introducing amendments to the Constitution of Ukraine) with their subsequent return for reconsideration by the Verkhovna Rada of Ukraine;

{Clause 30, part 1 of Article 106 as revised by Law No. 742-VII of 21 February 2014}

31) exercise other powers determined by the Constitution of Ukraine.

The President of Ukraine shall not transfer his or her powers to other persons or bodies.

The President of Ukraine shall, on the basis and in pursuance of the Constitution and the laws of Ukraine, issue decrees and directives binding on the territory of Ukraine.

Acts of the President of Ukraine issued within the powers referred to in clauses 5, 18, 21 of this Article shall be countersigned by the Prime Minister of Ukraine and the Minister responsible for the act and its implementation.

{Part 4 of Article 106 as revised by Laws No. 742-VII of 21 February 2014, No. 1401-VIII of 02 June 2016}

Article 107. The National Security and Defence Council of Ukraine shall be the co-ordinating body to the President of Ukraine on issues of national security and defence.

The National Security and Defence Council of Ukraine shall co-ordinate and control the activities of executive authorities in the field of national security and defence.

The President of Ukraine shall be the Head of the National Security and Defence Council of Ukraine.

The President of Ukraine shall form the personal composition of the National Security and Defence Council of Ukraine.

The Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Head of the Security Service of Ukraine, the Minister of Internal Affairs of Ukraine, and the Minister of Foreign Affairs of Ukraine shall be ex officio members of the National Security and Defence Council of Ukraine.

The Chairman of the Verkhovna Rada of Ukraine may participate in the meetings of the National Security and Defence Council of Ukraine.

Decisions of the National Security and Defence Council of Ukraine shall be put into effect by decrees of the President of Ukraine.

The competence and functions of the National Security and Defence Council of Ukraine shall be determined by law.

Article 108. The President of Ukraine shall exercise his/her powers until the assumption of office by the newly elected President of Ukraine.

The powers of the President of Ukraine shall be subject to early termination in cases of:

1) resignation;

2) inability to exercise his/her authority for health reasons;

{Clause 2, part 2 of Article 108 as amended by Law No. 1401-VIII of 2 June 2016}

3) removal from office by the procedure of impeachment;

4) death.

Article 109. The resignation of the President of Ukraine shall enter into force from the moment he/she personally announces the statement of resignation at a meeting of the Verkhovna Rada of Ukraine.

Article 110. The inability of the President of Ukraine to exercise his/her powers for health reasons shall be determined at a meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted by the majority of its constitutional membership on the basis of a written submission of the Supreme Court of Ukraine made at the petition of the Verkhovna Rada of Ukraine and a medical opinion.

{Article 110 as amended by Law No. 1401-VIII of 02 June 2016}

Article 111. The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine under the procedure of impeachment if he/she commits treason or other crime.

{For official interpretation of part 1, Article 111, see Constitutional Court Judgment No. 19-rp/2003 of 10 December 2003}

The issue of the removal of the President of Ukraine from office under the procedure of impeachment shall be initiated by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

The Verkhovna Rada of Ukraine shall establish a Special Ad Hoc Commission composed of special prosecutor and special investigators to conduct an investigation.

The conclusions and proposals of the Special Ad Hoc Commission shall be considered at the meeting of the Verkhovna Rada of Ukraine.

For cause, the Verkhovna Rada of Ukraine shall, by at least two-thirds of its constitutional composition, adopt a decision to bring charges against the President of Ukraine.

The decision on the removal of the President of Ukraine from office under the procedure of impeachment shall be adopted by the Verkhovna Rada of Ukraine by at least three-quarters of its constitutional composition upon a review of the case by the Constitutional Court of Ukraine and receipt of its opinion on the observance of the constitutional procedure of investigation, and consideration of the case of impeachment, and upon receipt of the opinion of the Supreme Court of Ukraine to the effect that the acts of which the President of Ukraine is accused contain elements of treason or other crime.

{Part 6 of Article 111 as amended by Law No. 1401-VIII of 02 June 2016}

Article 112. In the event of early termination of the authority of the President of Ukraine in accordance with Articles 108, 109, 110 and 111 of this Constitution, the discharge of duties of the President of Ukraine, for the period pending the elections and the assumption of office by the next President of Ukraine, shall be vested in the Chairman of the Verkhovna Rada of Ukraine. For the period of discharging duties of the President of Ukraine, the Chairman of the Verkhovna Rada of Ukraine shall not exercise the powers referred to in clauses 2, 6 to 8, 10 to 13, 22, 24, 25, 27 and 28 of Article 106 of the Constitution of Ukraine.

{Article 112 as revised by Law No. 742-VII of 21 February 2014}

Section VI
CABINET OF MINISTERS OF UKRAINE. OTHER EXECUTIVE AUTHORITIES

Article 113. The Cabinet of Ministers of Ukraine shall be the highest body in the system of executive authorities.

The Cabinet of Ministers of Ukraine shall be responsible to the President of Ukraine and the Verkhovna Rada of Ukraine, under the control of, and accountable to, the Verkhovna Rada of Ukraine within the limits stipulated by this Constitution.

The Cabinet of Ministers of Ukraine shall be guided in its activities by the Constitution and the laws of Ukraine, as well as by decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted in accordance with the Constitution and the laws of Ukraine.

{Article 113 as revised by Law No. 742-VII of 21 February 2014}

Article 114. The Cabinet of Ministers of Ukraine shall be comprised of the Prime Minister of Ukraine, the First Vice-Prime Minister, Vice-Prime Ministers and Ministers.

The Prime Minister of Ukraine shall be appointed by the Verkhovna Rada of Ukraine upon the submission of the President of Ukraine.

The candidacy for the position of the Prime Minister of Ukraine shall be introduced by the President of Ukraine upon the submission of the coalition of deputy factions of the Verkhovna Rada of Ukraine formed in accordance with Article 83 of the Constitution of Ukraine, or of a deputy faction comprising the majority of the constitutional composition of the MPs of the Verkhovna Rada of Ukraine.

The Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine shall be appointed by the Verkhovna Rada of Ukraine upon the submission of the President of Ukraine, whereas other members of the Cabinet of Ministers of Ukraine shall be appointed by the Verkhovna Rada of Ukraine upon the submission of the Prime Minister of Ukraine.

The Prime Minister of Ukraine shall manage the work of the Cabinet of Ministers of Ukraine and direct such work at the implementation of the Programme of Activity of the Cabinet of Ministers of Ukraine adopted by the Verkhovna Rada of Ukraine.

{Article 114 as revised by Law No. 742-VII of 21 February 2014}

Article 115. The Cabinet of Ministers of Ukraine shall abdicate responsibility to the newly elected Verkhovna Rada of Ukraine.

The Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine shall have the right to announce their resignation to the Verkhovna Rada of Ukraine.

The resignation of the Prime Minister of Ukraine or the adoption by the Verkhovna Rada of Ukraine of the resolution of non-confidence in the Cabinet of Ministers of Ukraine shall entail 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 a period and in the manner determined by this Constitution.

The Cabinet of Ministers of Ukraine which abdicated responsibility to the newly elected Verkhovna Rada of Ukraine or the resignation of which has been accepted by the Verkhovna Rada of Ukraine shall continue to exercise its powers until a newly formed Cabinet of Ministers of Ukraine commences its activity.

{Article 115 as revised by Law No. 742-VII of 21 February 2014}

Article 116. The Cabinet of Ministers of Ukraine shall:

1) ensure the state sovereignty and economic independence of Ukraine, the implementation of domestic and foreign policy of the State, and the execution of the Constitution, laws of Ukraine, and acts of the President of Ukraine;

1-1) ensure the implementation of the strategic course of the State to acquire full membership of Ukraine in the European Union and the North Atlantic Treaty Organisation;

{Article 116 has been supplemented with clause 1-1 under Law No. 2680-VIII of 07 February 2019}

2) take measures to ensure human and citizens' rights and freedoms;

{For official interpretation of clause 2, Article 116, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

3) ensure the implementation of financial, pricing, investment, and taxation policy; the policy in the field of labour and employment, social security, education, science and culture, environmental protection, ecological safety, and management of natural resources;

{For official interpretation of clause 3, Article 116, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

4) develop and implement national programmes of economic, scientific and technical, social and cultural development of Ukraine;

5) ensure equal conditions for the development of all forms of ownership; manage the state property in accordance with the law;

6) elaborate a draft law on the State Budget of Ukraine, ensure the implementation of the State Budget of Ukraine approved by the Verkhovna Rada of Ukraine, and submit a report on its implementation to the Verkhovna Rada of Ukraine;

{For official interpretation of clause 6, Article 116, see Constitutional Court Judgment No. 3-rp/2012 of 25 January 2012}

7) take measures to ensure the defence potential and national security of Ukraine, public order, and fight against crime;

8) organise and ensure the implementation of foreign economic activities of Ukraine and the customs practice;

9) direct and co-ordinate the work of ministries and other executive authorities;

9-1) in accordance with the law, form, reorganise, and liquidate ministries and other central executive authorities, acting within the limits of funds allocated to the maintenance of executive authorities;

{Article 116 has been supplemented with clause 9-1 under Law No. 742-VII of 21 February 2014}

9-2) upon the submission of the Prime Minister of Ukraine, appoint to and remove from office heads of central executive authorities not included in the Cabinet of Ministers of Ukraine;

{Article 116 has been supplemented with clause 9-2 under Law No. 742-VII of 21 February 2014}

10) exercise other powers determined by the Constitution and the laws of Ukraine.

{Clause 10 of Article 116 as revised by Law No. 742-VII of 21 February 2014}

Article 117. The Cabinet of Ministers of Ukraine shall, within its competence, issue binding directives and resolutions.

Acts of the Cabinet of Ministers of Ukraine shall be signed by the Prime Minister of Ukraine.

Regulatory acts of the Cabinet of Ministers of Ukraine, ministries and other central executive authorities shall be subject to registration in the manner established by law.

Article 118. The executive power in oblasts, raions, and in the Cities of Kyiv and Sevastopol shall be exercised by local state administrations.

{For official interpretation of part 1, Article 118, see Constitutional Court Judgments No. 21-rp/2003 of 25 December 2003, No. 9-rp/2005 of 13 October 2005}

Particular aspects of exercising executive power in the cities of Kyiv and Sevastopol shall be determined by special laws of Ukraine.

{For official interpretation of part 2, Article 118, see Constitutional Court Judgments No. 21-rp/2003 of 25 December 2003, No. 9-rp/2005 of 13 October 2005}

The composition of local state administrations shall be formed by the heads of local state administrations.

{For official interpretation of part 3, Article 118, see Constitutional Court Judgment No. 21-rp/2003 of 25 December 2003}

Heads of local state administrations shall be appointed to and dismissed from their office by the President of Ukraine upon the submission of the Cabinet of Ministers of Ukraine.

{For official interpretation of part 4, Article 118, see Constitutional Court Judgments No. 21-rp/2003 of 25 December 2003, No. 9-rp/2005 of 13 October 2005}

In the exercise of their duties, heads of local state administrations shall be responsible to the President of Ukraine and the Cabinet of Ministers of Ukraine, and shall be accountable to, and under the control of, the executive authorities of a higher level.

Local state administrations shall be accountable to, and under the control of, councils in the part of the powers delegated to them by the respective raion or oblast councils.

Local state administrations shall be accountable to, and under the control of, the executive authorities of a higher level.

Decisions of the heads of local state administrations contradicting the Constitution and the laws of Ukraine or other legislative acts 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 raion council may express non-confidence in the head of the respective local state administration, on the basis of which the President of Ukraine adopts a decision and provides a substantiated reply.

If two-thirds of the composition of the respective council express non-confidence in the head of a raion or oblast state administration, the President of Ukraine shall adopt a decision on the resignation of the head of the local state administration.

Article 119. Local state administrations in their respective territory shall ensure:

1) the execution of the Constitution and the laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine and other executive authorities;

2) legality and legal order; the observance of rights and freedoms of citizens;

3) the implementation of state and regional programmes for socio-economic and cultural development, environmental protection programmes, and in areas where indigenous peoples and national minorities reside, programmes for their national and cultural development;

4) the preparation and implementation of respective oblast and raion budgets;

5) reporting on the implementation of respective budgets and programmes;

6) the interaction with local government;

7) the exercise of other powers vested by the State and delegated by the respective councils.

Article 120. Members of the Cabinet of Ministers of Ukraine and heads of central and local executive authorities shall have no right to combine their office with other work (except for teaching, research, and creative activities outside of working hours), or to be members of an administrative body or supervisory board of a profit-making enterprise.

{Part 1 of Article 120 as revised by Law No. 742-VII of 21 February 2014}

The organisation, powers, and operational procedure of the Cabinet of Ministers of Ukraine and other central and local executive authorities shall be determined by the Constitution and the laws of Ukraine.

{Section VII “PUBLIC PROSECUTION” has been deleted under Law No. 1401-VIII of 02 June 2016}

Section VIII
JUSTICE

Article 124. Justice in Ukraine shall be administered exclusively by the courts.

Delegation of the functions of courts or appropriation of such functions by other bodies or officials shall be prohibited.

The jurisdiction of the courts shall extend to all legal disputes and all criminal charges. In cases prescribed by law, the courts shall also consider other cases.

The law may specify a mandatory pre-trial procedure for settling a dispute.

The people shall directly participate in the administration of justice through jurors.

Ukraine may recognise the jurisdiction of the International Criminal Court subject to the conditions determined by the Rome Statute of the International Criminal Court.

{Part 6 of Article 124 shall enter into force on 30 June 2019 – see clause 1 of Section II of Law No. 1401-VIII of 02 June 2016}

{Article 124 as revised by Law No. 1401-VIII of 02 June 2016}

Article 125. The judicial system in Ukraine shall be based on the principles of territoriality and specialisation and shall be determined by law.

The court shall be formed, reorganised, 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 shall be the highest court in the judicial system of Ukraine.

High specialised courts may operate under the law.

Administrative courts shall operate in order to protect the rights, freedoms and interests of a person in the field of public relations.

The establishment of extraordinary and special courts shall not be permitted.

{Article 125 as revised by Law No. 1401-VIII of 02 June 2016}

Article 126. The independence and immunity of judges shall be guaranteed by the Constitution and the laws of Ukraine.

Any influence on judges shall be prohibited.

A judge may not be detained or kept under the custody or arrested without the consent of the High Council of Justice before a sentence is passed by the court, with the exception of detention of the judge during or immediately after committing a grave or especially grave crime.

A judge may not be held liable for a court decision made by him/her, except for the commission of a crime or a disciplinary misdemeanour.

A judge shall hold office for an unlimited term.

A judge shall be dismissed on the following grounds:

1) inability to exercise his/her powers for health reasons;

2) violation by him/her of incompatibility requirements;

1) committing a significant disciplinary misdemeanour, gross or systematic disregard of his/her duties, which is incompatible with the status of judge or has shown his/her incompatibility with the position held;

4) the submission by a judge of a statement of resignation or of voluntary dismissal from office;

5) failure to give consent to transferring to another court in case of liquidation or reorganisation of the court where the judge holds office;

6) failure to prove the legitimate origin of income.

The authority of the judge shall be terminated in the following cases:

1) attaining the age of sixty-five;

2) termination of the citizenship of Ukraine or acquisition of foreign citizenship;

3) the entry into legal force of a court decision that declares him or her missing or deceased, incapable or partially capable;

4) death of the judge;

5) the entry into legal force of a guilty verdict against him or her for a committed crime.

The State shall ensure the personal security of judges and their families.

{Article 126 as revised by Law No. 1401-VIII of 02 June 2016}

Article 127. Justice shall be administered by judges. In cases determined by law, justice shall be administered involving jurors.

A judge may not belong to political parties or trade unions, take part in any political activity, hold a representative mandate, hold any other paid offices, perform other remunerated work except for research, teaching, or creative activities.

A citizen of Ukraine who has attained no less than thirty and no more than sixty-five years of age, has a higher legal education and at least five years of work experience in the legal profession, is competent, virtuous and has command of the state language may be appointed to the office of judge. The law may provide for additional requirements for appointment as a judge.

Additional requirements for judges of specialised courts in terms of education and the length of service may be established by law.

{Article 127 as revised by Law No. 1401-VIII of 02 June 2016}

Article 128. The President of Ukraine shall appoint judges upon the submission of the High Council of Justice in the manner prescribed by law.

Judges shall be appointed on a competitive basis except in cases specified by law.

The President of the Supreme Court shall be elected to, and dismissed from, office by the Plenary Assembly of the Supreme Court of Ukraine by secret ballot in the manner established by law.

{Article 128 as revised by Law No. 1401-VIII of 02 June 2016}

Article 129. When administering justice, judges shall be independent and abide only by law.

The main principles of judicial proceedings shall be:

1) equality before the law and the court of all participants in a trial;

2) ensuring that the guilt is proved;

3) adversarial procedure and freedom of the parties in presenting their evidence to the court and in proving the cogency of the evidence before the court;

4) prosecution by the prosecutor in court on behalf of the State;

5) ensuring the right of an accused person to a defence;

6) openness of trial and its complete recording by technical means;

7) trial within a reasonable time;

8) ensuring appeal against a court judgment and in cases established by law, cassation appeal against a court judgment;

9) binding nature of court decisions.

The law may establish other principles of judicial proceedings.

Judicial proceedings shall be conducted by a single judge, by a panel of judges, or by a court of the jury.

Persons guilty of contempt of court or showing disrespect towards the judge shall be held legally liable.

{Article 129 as revised by Law No. 1401-VIII of 02 June 2016}

Article 129-1. The court shall make judgments in the name of Ukraine. Court judgments shall be binding.

The State shall ensure the execution of court judgments in the manner prescribed by law.

Control over the execution of court judgments shall be exercised by the court.

{The Constitution has been supplemented with Article 129-1 under Law No. 1401-VIII of 02 June 2016}

Article 130. The State shall ensure funding and proper conditions for the functioning of courts and the activity of judges. Expenditures for the maintenance of courts shall be allocated separately in the State Budget of Ukraine, taking into account proposals of the High Council of Justice.

The amount of remuneration of judges shall be established by the law on judiciary.

{Article 130 as revised by Law No. 1401-VIII of 02 June 2016}

Article 130-1. A judicial self-government system shall operate in accordance with the law to protect the professional interests of judges and resolve issues pertaining to the internal operations of courts.

{The Constitution has been supplemented with Article 130-1 under Law No. 1401-VIII of 02 June 2016}

Article 131. The High Council of Justice shall operate in Ukraine with the following issues being under its authority:

1) filing submissions for the judicial appointment;

2) adopting decisions on violations of incompatibility requirements by judges or prosecutors;

3) considering complaints against decisions of the relevant body on bringing judges or prosecutors to disciplinary responsibility;

4) adopting decisions on dismissal of judges;

5) giving consent to detain judges or hold them in custody;

6) adopting decisions on suspension of judges from the administration of justice;

7) taking measures on ensuring judicial independence;

8) adopting decisions on transferring judges from one court to another;

9) exercising other powers determined by this Constitution and the laws of Ukraine.

The High Council of Justice shall consist of twenty-one members, including ten members elected by the Congress of Judges of Ukraine from among judges or retired judges, two members appointed by the President of Ukraine, two members elected by the Verkhovna Rada of Ukraine, two members elected by the Congress of Advocates of Ukraine, two members elected by the All-Ukrainian Conference of Prosecutors, and two members elected by the Congress of Representatives of Higher Legal Educational Establishments and Research Institutions.

The procedure for electing (appointing) members of the High Council of Justice shall be determined by law.

The President of the Supreme Court shall be an ex officio member of the High Council of Justice.

The term of office of the elected (appointed) members of the High Council of Justice shall be four years. The same person may not hold the office of the member of the High Council of Justice for two subsequent terms.

Members of the High Council of Justice may not belong to political parties or trade unions, take part in any political activity, hold a representative mandate, hold any other paid offices (except for the President of the Supreme Court), perform other remunerated work except for research, teaching, or creative activities.

Members of the High Council of Justice shall belong to the legal profession and meet the criterion of political neutrality.

The law may provide for additional requirements for members of the High Council of Justice.

The High Council of Justice shall assume powers subject to the election (appointment) of at least fifteen of its members, the majority of whom are judges.

The law shall establish bodies and institutions in the system of justice to ensure the selection of judges and prosecutors, their professional training, evaluation, review of cases on their disciplinary responsibility, financial and organisational support to the courts.

{Article 131 as revised by Law No. 1401-VIII of 02 June 2016}

Article 131-1. The prosecutor's office shall operate in Ukraine to perform:

1) prosecution by the prosecutor in court on behalf of the State;

2) the organisation and procedural management of pre-trial investigation, solving of other issues in the course of criminal proceedings in accordance with the law, control over covert and other investigative and search actions of law enforcement agencies;

3) representation of the interests of the State in court in exceptional cases and in the manner prescribed by law.

The organisation and operational procedure of prosecutor's office shall be determined by law.

The prosecutor's office in Ukraine shall be headed by the Prosecutor General appointed to and dismissed from office by the President of Ukraine with the consent of the Verkhovna Rada of Ukraine.

The term of office of the Prosecutor General shall amount to six years. The same person may not hold the office of the Prosecutor General for two subsequent terms.

Early termination of office of the Prosecutor General shall be performed solely in cases and on the grounds determined by this Constitution and the law.

{The Constitution has been supplemented with Article 131-1 under Law No. 1401-VIII of 02 June 2016}

Article 131-2. The bar shall exist in Ukraine to provide professional legal aid.

The independence of the bar shall be guaranteed.

The principles of the organisation and operation of the bar and the conduct of advocacy in Ukraine shall be determined by law.

Only the advocate shall represent another person in court and defend him/her against criminal charges.

The law may determine exceptions in relation to the representation in court in labour disputes, disputes on the protection of social rights, on elections and referendums, in minor disputes, and also in relation to the representation of minor or juvenile persons and persons recognised by the court as incapable or persons with limited capacity.

{The Constitution has been supplemented with Article 131-2 under Law No. 1401-VIII of 02 June 2016}

Section IX
TERRITORIAL STRUCTURE OF UKRAINE

Article 132. The territorial structure of Ukraine shall be based on the principles of unity and integrity of the State territory, the combination of centralisation and decentralisation in the exercise of the state power, and the balanced socio-economic development of regions taking into account their historical, economic, ecological, geographic, and demographic characteristics, ethnic and cultural traditions.

Article 133. The system of the administrative and territorial structure of Ukraine shall include the Autonomous Republic of Crimea, oblasts, raions, cities, districts, settlements and villages.

{For official interpretation of part 1, Article 133, see Constitutional Court Judgment No. 11-rp/2001 of 13 July 2001}

Ukraine shall be composed of the Autonomous Republic of Crimea, Vinnytsia Oblast, Volyn oblast, Dnipropetrovsk Oblast, Donetsk Oblast, Zhytomyr Oblast, Zakarpattia Oblast, Zaporizhia Oblast, Ivano-Frankivsk Oblast, Kyiv Oblast, Kirovohrad Oblast, Luhansk Oblast, Lviv Oblast, 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 shall have special status determined by the laws of Ukraine.

{For official interpretation of part 3, Article 133, see Constitutional Court Judgments No. 21-rp/2003 of 25 December 2003, No. 9-rp/2005 of 13 October 2005}

Section X
AUTONOMOUS REPUBLIC OF CRIMEA

Article 134. The Autonomous Republic of Crimea shall be an integral constituent part of Ukraine and shall resolve issues relegated to its authority within its powers determined by the Constitution of Ukraine.

Article 135. The Autonomous Republic of Crimea shall have the Constitution of the Autonomous Republic of Crimea adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the Verkhovna Rada of Ukraine by no less than one half of the constitutional composition of the Verkhovna Rada of Ukraine.

Regulatory 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 shall be adopted in accordance with and in pursuance of the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine.

Article 136. The representative body of the Autonomous Republic of Crimea shall be the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of which are elected by secret ballot on the basis of universal, equal, and direct suffrage. The term of office of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of which are elected in regular elections, shall be five years. The termination of office of the Verkhovna Rada of the Autonomous Republic of Crimea shall entail termination of office of its deputies.

{Part 1 of Article 136 as revised by Laws No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

Regular elections to the Verkhovna Rada of the Autonomous Republic of Crimea shall be held on the last Sunday of October of the fifth year of office of the Verkhovna Rada of the Autonomous Republic of Crimea elected in regular elections.

{Article 136 has been supplemented with a new part under Law No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

{For official interpretation of part 2, Article 136, see Constitutional Court Judgment No. 2-rp/2013 of 29 May 2013}

The Verkhovna Rada of the Autonomous Republic of Crimea shall, within its powers, adopt decisions and resolutions binding in the Autonomous Republic of Crimea.

The Council of Ministers of the Autonomous Republic of Crimea shall be the government of the Autonomous Republic of Crimea. The Head of the Council of Ministers of the Autonomous Republic of Crimea shall be appointed or dismissed by the Verkhovna Rada of the Autonomous Republic of Crimea with the consent of the President of Ukraine.

The powers and the procedure for the formation and operation of the Verkhovna Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea shall be determined by the Constitution of Ukraine and laws of Ukraine, and by regulatory acts of the Verkhovna Rada of the Autonomous Republic of Crimea in relation to the issues within its competence.

Justice in the Autonomous Republic of Crimea shall be administered by courts of Ukraine.

{Part 6 of Article 136 as revised by Law No.1401-VIII of 02 June 2016}

Article 137. The Autonomous Republic of Crimea shall exercise statutory regulation in the following areas:

1) agriculture and forestry;

2) land reclamation and mining;

3) public works, crafts and trades; charity;

4) urban construction and housing management;

5) tourism, hotel business, fairs;

6) museums, libraries, theatres, other cultural establishments, historical and cultural preserves;

7) public transportation, roadways, water supply;

8) hunting and fishing;

9) sanitary and hospital services.

In case of non-conformity of regulatory acts of the Verkhovna Rada of the Autonomous Republic of Crimea with the Constitution of Ukraine and laws of Ukraine, the President of Ukraine may suspend such regulatory acts of the Verkhovna Rada of the Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional Court of Ukraine in regard to their constitutionality.

Article 138. The competence of the Autonomous Republic of Crimea shall include:

1) designating elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, approving the composition of the election commission of the Autonomous Republic of Crimea;

2) organising and conducting local referendums;

3) managing property that belongs to the Autonomous Republic of Crimea;

4) elaborating, approving and implementing the budget of the Autonomous Republic of Crimea on the basis of the uniform tax and budget policy of Ukraine;

5) elaborating, approving and implementing programmes of the Autonomous Republic of Crimea for socio-economic and cultural development, sustainable nature management, and environmental protection in accordance with national programmes;

6) recognising the status of localities as resorts; establishing zones for the sanitary protection of resorts;

7) participating in ensuring the rights and freedoms of citizens, national harmony, promoting the protection of legal order and public security;

8) ensuring the functioning and development of the state language and national languages and cultures in the Autonomous Republic of Crimea; protecting and using historical monuments;

9) participating in the development and implementation of state programmes for the return of deported peoples;

10) initiating the introduction of a state of emergency and the establishment of zones of ecological emergency in the Autonomous Republic of Crimea or in its particular areas.

Other powers may also be delegated to the Autonomous Republic of Crimea by laws of Ukraine.

Article 139. The Representative Office of the President of Ukraine, the status of which is determined by the law of Ukraine, shall operate in the Autonomous Republic of Crimea.

Section XI
LOCAL SELF-GOVERNMENT

Article 140. Local self-government shall be the right of a territorial community — residents of a village or a voluntary association of residents of several villages, a settlement, and a city into one village community — to independently resolve local issues in compliance with the Constitution and the laws of Ukraine.

{For official interpretation of part 1, Article 140, see Constitutional Court Judgments No. 12-rp/2002 of 18 June 2002, No. 21-rp/2003 of 25 December 2003}

Particular aspects of exercising local self-government in the Cities of Kyiv and Sevastopol shall be determined by special laws of Ukraine.

{For official interpretation of part 2, Article 140, see Constitutional Court Judgments No. 21-rp/2003 of 25 December 2003, No. 9-rp/2005 of 13 October 2005}

Local self-government shall be exercised by a territorial community in the manner established by law, both directly and through local government: village, settlement and city councils, and their executive authorities.

{For official interpretation of part 3, Article 140, see Constitutional Court Judgment No. 21-rp/2003 of 140 December 2003}

Raion and oblast councils shall be the local government representing the common interests of territorial communities of villages, settlements, and cities.

The issue of organisation of the administration of districts shall fall within the competence of city councils.

{For official interpretation of part 5, Article 140, see Constitutional Court Judgment No. 11-rp/2001 of 13 July 2001}

Village, settlement and city councils may permit, upon the initiative of residents, the establishment of house, street, block, and other bodies of self-organisation of population, and assign them part of their own competence, finances, and property.

Article 141. Village, settlement, city, raion or oblast councils shall comprise deputies elected by residents of a village, settlement, city, raion, or oblast by secret ballot on the basis of universal, equal, and direct suffrage. The term of office of village, settlement, city, raion or oblast councils, deputies of which are elected on regular elections, shall be five years. The termination of office of village, settlement, city, raion or oblast councils shall entail the termination of office of deputies of the respective council.

{Part 1 of Article 141 as revised by Laws No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

Territorial communities shall elect respectively the head of the village, settlement, or city, who leads the executive authority of the council and presides at its meetings, by secret ballot on the basis of universal, equal, and direct suffrage. The term of office of the village, settlement, or city head elected in regular elections shall be five years.

{Part 2 of Article 141 as revised by Laws No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

Regular elections of village, settlement, city, raion, oblast councils and village, settlement, city heads shall be held on the last Sunday of October of the fifth year of the term of office of the respective council or the respective head elected in regular elections.

{Article 141 has been supplemented with a new part under Law No. 2952-VI of 01 February 2011, No. 742-VII of 21 February 2014}

{For official interpretation of part 3, Article 141, see Constitutional Court Judgment No. 2-rp/2013 of 29 May 2013}

The status of heads, deputies and executive authorities of a council, their powers, and the procedure for their establishment, reorganisation, and liquidation shall be determined by law.

The head of a raion council and the head of an oblast council shall be elected by the respective council and shall lead the executive staff of the council.

Article 142. The material and financial basis for local self-government shall be movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, districts, as well as objects of their common property managed by raion and oblast councils.

{For official interpretation of part 1, Article 142, see Constitutional Court Judgment No. 11-rp/2001 of 142 July 2001}

Territorial communities of villages, settlements, and cities may combine objects of communal property and budget funds on a contractual basis in order to implement joint projects or jointly finance (maintain) communal enterprises, organisations, or establishments, and create appropriate bodies and services for this purpose.

The State shall participate in the formation of revenues for budgets of local self-government and financially support local self-government. Expenditures of local government arising from the decisions of government authorities shall be reimbursed by the State.

Article 143. Territorial communities of a village, settlement, and city shall, directly or through the local government established by them, manage the communal property; approve programmes of socio-economic and cultural development and control their implementation; approve budgets of respective administrative and territorial units and control the execution of such budgets; establish local taxes and duties in accordance with the law; ensure holding of local referendums and the implementation of their results; establish, reorganise and liquidate communal enterprises, organisations and institutions and exercise control over their activities; settle other local issues assigned to their competence by law.

{For official interpretation of part 1, Article 143, see Constitutional Court Judgment No. 10-rp/2010 of 01 April 2010}

Oblast and raion councils shall approve programmes for socio-economic and cultural development of respective oblasts and raions and control their implementation; approve raion and oblast budgets formed from the funds of the State budget for their appropriate distribution between territorial communities or for the implementation of joint projects and from the funds drawn on a contractual basis from local budgets to implement joint socio-economic and cultural programmes, and control the implementation of such budgets; settle other issues assigned to their competence by law.

Certain powers of executive authorities may be assigned by law to local government. The State shall finance in full the exercise of such powers from the State Budget of Ukraine or through the allocation of certain national taxes to a local budget in the manner established by law, and transfer the relevant objects of state property to local government.

Local government shall be under the control of the respective executive authorities in connection with the exercise of powers of executive authorities.

Article 144. Local government shall, within the powers determined by law, adopt decisions binding throughout the respective territory.

In case of non-compliance of decisions of local government with the Constitution or laws of Ukraine, such decisions shall be suspended in the manner established by law with a simultaneous appeal to a court.

{For official interpretation of Article 144, see Constitutional Court Judgment No. 7-rp/2009 of 16 April 2009}

Article 145. The rights of local self-government shall be protected by judicial procedure.

Article 146. Other issues of the organisation of local self-government, and the formation, operation and responsibility of local government shall be determined by law.

Section XII
CONSTITUTIONAL COURT OF UKRAINE

Article 147. The Constitutional Court of Ukraine shall resolve issues of compliance of laws of Ukraine and, where provided for by this Constitution, of other acts with the Constitution of Ukraine, provide the official interpretation of the Constitution of Ukraine and exercise other powers in accordance with this Constitution.

The activity of the Constitutional Court of Ukraine shall be based on the principles of the rule of law, independence, collegiality, transparency, reasonableness, and the binding nature of its decisions and opinions.

{Article 147 as revised by Law No. 1401-VIII of 02 June 2016}

Article 148. The Constitutional Court of Ukraine shall comprise eighteen judges of the Constitutional Court of Ukraine.

The President of Ukraine, the Verkhovna Rada of Ukraine, and the Congress of Judges of Ukraine each shall appoint six judges to the Constitutional Court of Ukraine.

The selection of candidates for the position of a judge of the Constitutional Court of Ukraine shall be carried out on a competitive basis in the manner prescribed by law.

A citizen of Ukraine who has command of the state language, has reached the age of forty as of the day of the appointment, has higher legal education and at least fifteen years of professional experience in the field of law, high moral character, and is a lawyer with a recognised level of competence shall be eligible to become a judge of the Constitutional Court of Ukraine.

A judge of the Constitutional Court of Ukraine may not belong to political parties or trade unions, take part in any political activity, hold a representative mandate, hold any other paid offices, perform other remunerated work except for research, teaching, or creative activities.

A judge of the Constitutional Court of Ukraine shall be appointed for a single and non-renewable nine-year term.

A judge of the Constitutional Court of Ukraine shall assume his/her powers from the day he/she takes an oath at a special plenary meeting of the Court.

The President of the Constitutional Court of Ukraine shall be elected at a special plenary meeting of the Court from among its judges by secret ballot only for one three-year term.

{Article 148 as revised by Law No. 1401-VIII of 02 June 2016}

Article 148-1. The State shall ensure funding and appropriate conditions for the operation of the Constitutional Court of Ukraine. The expenditures for the operation of the Court shall be separately determined in the State Budget of Ukraine, taking into account the proposals of the President of the Court.

The amount of remuneration of judges of the Constitutional Court of Ukraine shall be determined by the Law on the Constitutional Court of Ukraine.

{The Constitution has been supplemented with Article 148-1 under Law No. 1401-VIII of 02 June 2016}

Article 149. The independence and immunity of judges of the Constitutional Court of Ukraine shall be guaranteed by the Constitution and the laws of Ukraine.

Any influence on judges of the Constitutional Court of Ukraine shall be prohibited.

A judge of the Constitutional Court of Ukraine may not be detained or kept under the custody or arrested without the consent of the Constitutional Court of Ukraine before a sentence is passed by the court, with the exception of detention of the judge during or immediately after committing a grave or especially grave crime.

A judge of the Constitutional Court of Ukraine may not be held liable for voting in respect of decisions adopted or opinions provided by the Court, except in case of committing a crime or a disciplinary misdemeanour.

The State shall ensure the personal security of judges of the Constitutional Court of Ukraine and their families.

{Article 149 as revised by Law No. 1401-VIII of 02 June 2016}

Article 149-1. The powers of a judge of the Constitutional Court of Ukraine shall be terminated:

1) upon the expiry of his/her term of office;

2) upon attainment of seventy years of age;

3) upon termination of the citizenship of Ukraine or acquisition of foreign citizenship;

4) upon entering into force of a court decision that declares him/her missing or deceased, incapable or partially capable;

5) upon entering into force of a guilty verdict against him/her for a committed crime;

6) upon the death of a judge of the Constitutional Court of Ukraine.

The grounds for dismissal of a judge of the Constitutional Court of Ukraine shall include:

1) inability to exercise his/her powers for health reasons;

2) violation by him/her of incompatibility requirements;

1) committing a significant disciplinary misdemeanour, gross or systematic disregard of his/her duties, which is incompatible with the status of judge of the Court or has shown his/her incompatibility with the position held;

4) the submission by him/her of a statement of resignation or of voluntary dismissal from office.

The decision to dismiss a judge of the Constitutional Court of Ukraine shall be approved by the Court by at least two-thirds of its constitutional composition.

{The Constitution has been supplemented with Article 149-1 under Law No. 1401-VIII of 02 June 2016}

Article 150. The Constitutional Court of Ukraine shall have the following powers:

1) deciding on issues of compliance with the Constitution of Ukraine (constitutionality) of the following:

laws and other legal acts of the Verkhovna Rada of Ukraine;

{For official interpretation of paragraph 2, clause 1, part 1 of Article 150, see Constitutional Court Judgment No. 7-rp/2002 of 27 March 2002}

acts of the President of Ukraine;

{For official interpretation of paragraph 3, clause 1, part 1 of Article 150, see Constitutional Court Judgment No. 7-rp/2002 of 27 March 2002}

acts of the Cabinet of Ministers of Ukraine;

legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea;

{Paragraph 6, part 1 of Article 150 has been deleted under Law No. 1401-VIII of 02 June 2016}

2) the official interpretation of the Constitution of Ukraine;

{Clause 2, part 1 of Article 150 as amended by Law No. 1401-VIII of 2 June 2016}

3) exercising other powers provided for by the Constitution of Ukraine.

{Part 1 of Article 150 has been supplemented with clause 3 under Law No. 1401-VIII of 02 June 2016}

The issues referred to in clauses 1 and 2, part 1 of this Article shall be considered upon constitutional submissions of the President of Ukraine; at least forty-five MPs of Ukraine; the Supreme Court; the Ukrainian Parliament Commissioner for Human Rights; the Verkhovna Rada of the Autonomous Republic of Crimea.

{Part 2 of Article 150 as revised by Law No.1401-VIII of 02 June 2016}

Article 151. The Constitutional Court of Ukraine shall, at the request of the President of Ukraine, or at least forty-five MPs of Ukraine, or the Cabinet of Ministers of Ukraine, provide opinions on compliance with the Constitution of Ukraine of effective international treaties of Ukraine or international treaties submitted to the Verkhovna Rada of Ukraine for their ratification.

The Constitutional Court of Ukraine shall, at the request of the President of Ukraine or at least forty-five MPs of Ukraine, provide opinions on compliance with the Constitution of Ukraine (constitutionality) of the issues to be put to an all-Ukrainian referendum on a popular initiative.

The Constitutional Court of Ukraine shall, at the request of the Verkhovna Rada of Ukraine, provide an opinion on the observance of the constitutional procedure of investigation and consideration of the case of removing the President of Ukraine from office by the procedure of impeachment.

{Article 151 as revised by Law No. 1401-VIII of 02 June 2016}

Article 151-1. The Constitutional Court of Ukraine shall decide on compliance with the Constitution of Ukraine (constitutionality) of laws of Ukraine upon a constitutional complaint of a person who considers that the law of Ukraine applied in the final court judgment in his/her case contradicts the Constitution of Ukraine. A constitutional complaint may be lodged if all other domestic legal remedies have been exhausted.

Article 151-2. Decisions and opinions of the Constitutional Court of Ukraine shall be binding, final and shall not be subject to appeal.

{The Constitution has been supplemented with Article 151-2 under Law No. 1401-VIII of 02 June 2016}

Article 152. By the decision of the Constitutional Court of Ukraine, laws and other acts shall be deemed unconstitutional, whether in whole or in part, if such laws and acts fail to comply with the Constitution of Ukraine, or in case of a violation of the procedure established by the Constitution of Ukraine for the review, adoption, or entry into force of such laws and legal acts.

{Part 1 of Article 152 as amended by Law No. 1401-VIII of 02 June 2016}

Laws, other acts or particular provisions thereof that are deemed unconstitutional shall lose their effect from the day of adoption of the decision on their unconstitutionality by the Constitutional Court of Ukraine unless otherwise established by this decision, but no earlier than the date of its adoption.

{Part 2 of Article 152 as revised by Law No.1401-VIII of 02 June 2016}

Pecuniary or non-pecuniary damages inflicted on individuals or legal entities by the acts or actions deemed unconstitutional shall be compensated by the State in the manner established by law.

Article 153. The procedure for the organisation and operation of the Constitutional Court of Ukraine, the status of judges of the Court, the grounds and the procedure for application to the Court, the procedure for consideration of cases and enforcement of decisions of the Court shall be determined by the Constitution of Ukraine and the law.

{Article 153 as revised by Law No. 1401-VIII of 02 June 2016}

Section XIII
INTRODUCING AMENDMENTS TO THE CONSTITUTION OF UKRAINE

Article 154. A draft law on introducing amendments to the Constitution of Ukraine may be submitted to the Verkhovna Rada of Ukraine by the President of Ukraine or by at least one-third of the constitutional composition of the MPs of the Verkhovna Rada of Ukraine.

Article 155. A draft law on introducing amendments to the Constitution of Ukraine, except for Section I “General Principles”, Section III “Elections. Referendum”, and Section XIII “Introducing Amendments to the Constitution of Ukraine”, previously approved by the majority of the constitutional composition of the Verkhovna Rada of Ukraine shall be deemed adopted if at least two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine have voted in its favour at the succeeding regular session of the Verkhovna Rada of Ukraine.

{For official interpretation of Article 155, see Constitutional Court Judgement No. 1-rp/2016 of 15 March 2016}

Article 156. A draft law on introducing amendments to Section I “General Principles”, Section III “Elections. Referendum”, and Section XIII “Introducing Amendments to the Constitution of Ukraine” shall be submitted to the Verkhovna Rada of Ukraine by the President of Ukraine or by 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, shall be approved by an all-Ukrainian referendum designated by the President of Ukraine.

Resubmission of a draft law on introducing amendments to Sections I, III and XIII of this Constitution regarding the same issue shall be possible only to the Verkhovna Rada of Ukraine of the next convocation.

Article 157. The Constitution of Ukraine shall not be amended if the amendments provide for the abolition or restriction of human and citizens' rights and freedoms or are aimed at the liquidation of the independence or violation of the territorial integrity of Ukraine.

The Constitution of Ukraine shall not be amended under conditions of martial law or a state of emergency.

Article 158. The draft law on introducing amendments to the Constitution of Ukraine, if considered by the Verkhovna Rada of Ukraine but not adopted, may be submitted to the Verkhovna Rada of Ukraine no earlier than one year from the day the decision on this draft law was adopted.

Within the term of its authority, the Verkhovna Rada of Ukraine shall not amend twice the same provisions of the Constitution.

{For official interpretation of part 2, Article 158, see Constitutional Court Judgment No. 8-rp/98 of 9 June 1998}

Article 159. A draft law on introducing amendments to the Constitution of Ukraine shall be considered by the Verkhovna Rada of Ukraine upon the availability of an opinion of the Constitutional Court of Ukraine on compliance of the draft law with the requirements of Articles 157 and 158 of this Constitution.

{For official interpretation of Article 159, see Constitutional Court Judgment No. 8-rp/98 of 9 June 1998}

Section XIV
FINAL PROVISIONS

Article 160. The Constitution of Ukraine shall enter into force on the day of its adoption.

{For official interpretation of Article 160, see Constitutional Court Judgment No. 4-zp of 3 October 1997}

Article 161. The day of adoption of the Constitution of Ukraine shall be a national holiday — the Day of the Constitution of Ukraine.

Section XV
TRANSITIONAL PROVISIONS

1. Laws and other regulatory acts adopted prior to the effective date of this Constitution shall be in force to the extent not contradicting the Constitution of Ukraine.

2. After the adoption of the Constitution of Ukraine, the Verkhovna Rada of Ukraine shall exercise the powers stipulated by this Constitution.

Regular elections to the Verkhovna Rada of Ukraine shall be held in March 1998.

{For official interpretation of clause 2, Transitional Provisions, see Constitutional Court Judgment No. 1-zp of 13 May 1997}

3. Regular elections of the President of Ukraine shall be held on the last Sunday of October 1999.

4. The President of Ukraine shall, within three years after the effective date of the Constitution of Ukraine, have the right to issue decrees approved by the Cabinet of Ministers of Ukraine and signed by the Prime Minister of Ukraine on economic issues not regulated by laws, with simultaneous submission of the respective draft law to the Verkhovna Rada of Ukraine in the manner established by Article 93 of this Constitution.

Such a decree of the President of Ukraine shall enter into force if, within thirty calendar days from the submission of the draft law (except the days between sessions), the Verkhovna Rada of Ukraine fails to adopt the law or fails to reject the submitted draft law by the majority of its constitutional composition, and shall be in force until the effective date of a law adopted by the Verkhovna Rada of Ukraine on these issues.

5. The Cabinet of Ministers of Ukraine shall be formed in accordance with this Constitution within three months after its effective date.

6. The Constitutional Court of Ukraine shall be formed in accordance with this Constitution within three months after its effective date. The Verkhovna Rada of Ukraine shall interpret laws until the establishment of the Constitutional Court of Ukraine.

7. Upon the effective date of this Constitution, heads of local state administrations shall acquire the status of heads of local state administrations in accordance with Article 118 of this Constitution, and after the election of heads of the respective councils, shall resign the positions of heads of these councils.

8. Upon the effective date of this Constitution, village, settlement, and city councils and heads of these councils shall exercise the powers as determined by this Constitution until the election of new members of these councils in March 1998.

Raion and oblast councils elected before the effective date of this Constitution shall exercise the powers as determined by this Constitution until the formation of the new composition of these councils in accordance with the Constitution of Ukraine.

Upon the effective date of this Constitution, district councils and their heads shall exercise their powers in accordance with the law.

9. The prosecutor's office shall, in accordance with the laws in force, continue to perform the function of pre-trial investigation until the bodies to which the relevant functions will be transferred by law begin functioning, as well as the function of control over compliance with laws in the execution of court decisions in criminal cases and in the application of other coercive measures related to the restriction of personal liberty of citizens until the effective date of the law on the establishment of a dual system of regular penitentiary inspections.

{Clause 9 of Section XV as revised by Law No. 1401-VIII of 02 June 2016}

10. Before the adoption of laws determining the particular aspects of the exercise of executive power in the cities of Kyiv and Sevastopol in accordance with Article 118 of this Constitution, the executive power in these cities shall be exercised by the respective state administrations.

11. Paragraph 1, Article 99 of this Constitution shall enter into force upon the introduction of the national monetary unit – the hryvnia.

12. The Supreme Court of Ukraine and the High Court of Arbitration of Ukraine shall exercise their powers in accordance with the effective legislation of Ukraine until the formation of a system of courts of general jurisdiction in accordance with Article 125 of this Constitution, but for the period not exceeding five years.

Judges of all courts in Ukraine elected or appointed before the effective date of this Constitution shall continue to exercise their powers in accordance with the legislation in force until the expiration of the term for which they were elected or appointed.

Judges whose powers have terminated on the effective date of this Constitution shall continue to exercise their powers for one year.

13. The current procedure for arresting, holding in custody, and detaining persons suspected of committing a crime and the procedure for examining and searching of a dwelling or other property of a person shall be preserved for five years after the effective date of this Constitution.

{Clause 14 of Section XV has been deleted under Law No. 2680-VIII of 07 February 2019}

15. Regular elections to the Verkhovna Rada of Ukraine after the restoration of the provisions of the Constitution of Ukraine in the wording of 28 June 1996 according to Judgement of the Constitutional Court of Ukraine No. 20-rp/2010 of 30 September 2010 in the case of compliance with the procedure for introducing amendments to the Constitution of Ukraine shall be held on the last Sunday of October 2012.

{Section XV has been supplemented with clause 15 under Law No. 2952-VI of 01 February 2011}

16. Regular elections of the President of Ukraine after the restoration of the provisions of the Constitution of Ukraine in the wording of 28 June 1996 according to Judgement of the Constitutional Court of Ukraine No. 20-rp/2010 of 30 September 2010 in the case of compliance with the procedure for introducing amendments to the Constitution of Ukraine shall be held on the last Sunday of March 2015.

{Section XV has been supplemented with clause 16 under Law No. 2952-VI of 01 February 2011}

16-1. As of the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)”:

1) before the establishment of the High Council of Justice, its powers shall be exercised by the Supreme Board of Justice. The High Council of Justice shall be established by reorganisation of the Supreme Board of Justice. Before the election (appointment) of the members of the High Council of Justice, this body shall operate in the composition of members of the Supreme Board of Justice within their term of office but no longer than until 30 April 2019. The election (appointment) of the members of the High Council of Justice shall be held no later than 30 April 2019;

2) the powers of judges appointed for a five-year term shall terminate upon the expiry of the term for which they were appointed. Such judges may be appointed to judicial office in the manner prescribed by law;

3) judges elected as judges for an unlimited term shall continue to exercise their powers until their dismissal or until the termination of their powers on the grounds determined by the Constitution of Ukraine;

4) the job suitability of a judge appointed to office for a five-year term or elected as a judge for an unlimited term before the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)” shall be evaluated in the manner determined by law. If such evaluation finds a judge unsuitable for the position held in terms of his/her competence, professional ethics or virtue, or a judge refuses to undergo such evaluation, it shall be the grounds for dismissal of a judge from office. The procedure and exhaustive grounds for appealing against the decision to dismiss a judge based on the results of the evaluation shall be prescribed by law;

5) in cases of reorganisation or liquidation of certain courts formed before the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)”, judges of such courts shall have the right to submit a statement of resignation or apply for the competition for another judicial position in the manner determined by law. The peculiarities of transferring a judge to another court may be determined by law;

6) until the introduction of the new administrative and territorial structure of Ukraine in accordance with amendments to the Constitution of Ukraine on the decentralisation of power, but no longer than until 31 December 2017, the creation, reorganisation and liquidation of courts shall be performed by the President of Ukraine on the basis and in the manner determined by law;

7) within two years, the transfer of judges from one court to another shall be performed by the President of Ukraine upon respective submissions of the High Council of Justice;

8) judges of the Constitutional Court of Ukraine appointed before the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)” shall continue to exercise their powers until the termination of their powers or their dismissal in the manner envisaged in Article 149-1 of the Constitution of Ukraine, without the right to be reappointed. If a judge of the Constitutional Court of Ukraine has attained the age of sixty-five as of the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)” but no decision on his/her dismissal has been adopted, the powers of such judge shall terminate;

9) in accordance with the law, the representation by the prosecutor’s office of citizens in courts in proceedings commenced before the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)” shall be performed according to the rules that were in force before the effective date of the law until final court decisions that are not subject to appeal are made in the respective cases;

10) the Prosecutor General of Ukraine appointed before the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)” shall exercise the powers of the Prosecutor General until his/her dismissal according to the established procedure, but no longer than for the term for which he/she was appointed, and shall not hold office for two consecutive terms;

11) according to clause 3, part 1, Article 131-1 and Article 131-2 of this Constitution, the representation solely by prosecutors or lawyers in the Supreme Court and courts of cassation shall be performed since 1 January 2017; in courts of appeal since 1 January 2018; in courts of first instance since 1 January 2019.

The representation of government authorities and local government in courts solely by prosecutors or lawyers shall be performed since 1 January 2020.

The representation in courts in proceedings commenced before the effective date of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (regarding justice)” shall be performed according to the rules that were in force before the effective date of the law until final court decisions that are not subject to appeal are made in the respective cases.

{Section XV has been supplemented with clause 16-1 under Law No. 1401-VIII of 02 June 2016}

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The Constitution of Ukraine
was adopted at the fifth session of the Verkhovna Rada of Ukraine
on 28 June 1996