CONSTITUTION OF UKRAINE

CONSTITUTION OF UKRAINE

Excerptions

from the Constitution of Ukraine concerning the Ukrainian Parliament Commissioner for Human Rights

CONSTITUTION OF UKRAINE

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

Article 55. Human and citizens' rights and freedoms are protected by the court.

· Everyone is guaranteed the right to challenge in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers.

· Everyone has the right to appeal for the protection of his or her rights to the Ukrainian Parliament Commissioner for Human Rights.

· After exhausting all domestic legal remedies, everyone has the right to appeal for the protection of his or her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organizations of which Ukraine is a member or participant.

· Everyone has the right to protect his or her rights and freedoms from violations and illegal encroachments by any means not prohibited by law. (The official interpretation of the second part of Article 55 see in the judgment of the Constitutional Court No. 6-зп (v006p710-97) of 25.11.97; of the Article 55 see in the judgment of the Constitutional Court No. 9-зп (v009p710-97) of 25.12.97).

Article 85. The authority of the Verkhovna Rada of Ukraine comprises:

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

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

3)                     adopting laws;

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

5)                     determining the principles of domestic and foreign policy;

6)                     approving national programs 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 Program of Activity of the Cabinet of Ministers of Ukraine;

12)                giving consent to the appointment of the Prime Minister of Ukraine by the President of Ukraine;

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

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

15)                appointing or electing to office, dismissing from office, granting consent to the appointment to and the dismissal from office of persons in cases envisaged by this Constitution;

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

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

17)

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

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

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

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

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

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

24)                granting consent for the appointment to office and the dismissal from office by the President of Ukraine of the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine and the Chairman of the State Committee on Television and Radio Broadcasting of Ukraine;

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

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

27)                electing judges for permanent terms;

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

29)                establishing and abolishing districts, establishing and altering the boundaries of districts and cities, assigning inhabited localities to the category of cities, naming and renaming inhabited localities and districts; (The official interpretation of clause 29 Article 85 see in the judgment of the Constitutional Court No. 11-рп/2001 (v011p710-01) of 13.07.2001)

30)                designating regular and special elections to bodies of local self-government;

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

32)                granting consent to the binding character of international treaties of Ukraine within the term established by law, and denouncing international treaties of Ukraine;

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

34)                adopting decisions on forwarding an inquiry to the President of Ukraine on the demand of a National Deputy of Ukraine, a group of National Deputies or a Committee of the Verkhovna Rada of Ukraine, previously supported by no less than one-third of the constitutional composition of the Verkhovna Rada of Ukraine; (The official interpretation of clause 34 Article 85 see in the judgment of the Constitutional Court No. 16-рп/2003 (v016p710-03) of 14.10.2003)

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

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

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

Article 101. The Ukrainian Parliament Commissioner for Human Rights exercises parliamentary control over the observance of constitutional human and citizens' rights and freedoms.

Article 150. The authority of the Constitutional Court of Ukraine comprises:

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

 laws and other legal acts of the Verkhovna Rada of Ukraine; (The official interpretation of the paragraph 2 clause 1 of the first part of Article 150 see in the judgment of the Constitutional Court No. 7-рп/2002 (v007p710-02) of 27.03.2002)

 acts of the President of Ukraine; (The official interpretation of the paragraph 3 clause 1 of the first part of Article 150 see in the judgment of the Constitutional Court No. 7-рп/2002 (v007p710-02) of 27.03.2002)

 acts of the Cabinet of Ministers of Ukraine;

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

These issues are considered on the appeals of: the President of Ukraine; no less than forty-five National Deputies of Ukraine; the Supreme Court of Ukraine; the Ukrainian Parliament Commissioner for Human Rights; the Verkhovna Rada of the Autonomous Republic of Crimea;

2) the official interpretation of the Constitution of Ukraine and the laws of Ukraine;

On issues envisaged by this Article, the Constitutional Court of Ukraine adopts decisions that are mandatory for execution throughout the territory of Ukraine, that are final and shall not be appealed. (The official interpretation of the second part of Article 150 see in the judgment of the Constitutional Court No. 15-рп/2000 (v015p710-00) of 14.12.2000)