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22.05.2004 | Vsevolod Rechitsky

Draft Law of Ukraine on Public Monitoring of State Activities

   

„ON PUBLIC OVERSIGHT OF THE STATE ACTIVITIES“

COMMENTARIES ON A MODEL DRAFT

1. The Ukrainian Law „On Public Oversight of the State Activities“ is a characteristic consequence of the political situation in the post-totalitarian Ukraine; it reflects the people’s conviction that the greatest political threat for humanity in the 20-century has been the uncontrolled power of the superstates, who, in the first half of the century, managed to grab most intellectual, energetic and material resources of the civil society in the Central and Eastern Europe.

It is the experience and lessons of the authoritarism that stimulated the modern post-totalitarian countries to adopt essentially reformed constitutions, to reform their election laws, to introduce multiparty systems and so forth. Nonetheless, the key element and guarantor of democracy, even in the modern Western countries, remains the capability of citizens to obtain information and control their state activities.

Only a well-informed public can consciously fulfill the duty to shape political movements and to control the work of the authorities. If the activity of the government is covered with a veil of mystery, the above-indicated goals cannot be achieved.

The peculiarity of the situation in the sense considered is the fact that in Ukraine no essential change of the political elites occurred, no lustration was introduced, the values of the bureaucratic apparatus in a variety of political situations remained too significant, so the public activity appeared, correspondingly, too weak.

The stake on a strong executive (presidential) power did not win, the governmental structures appeared too slow to catch up with the fast development of events. Paternalism was accompanied by the information crisis, the domination of the executive power over the society, financing and economic chiselling on the side of bureaucracy.

All this has made it necessary to include into the agenda a e-evaluation of the democratic potential of the legislation system of Ukraine, since it has become obvious that the constitutional reform was only a beginning of more fundamental political and legislative changes.

Such are the general political factors that caused the appearance of the suggested law. However, there exist more concrete stimuli for the suggested changes. First of all, we mean, the situation in Ukraine when the executive power is controlled by the public but formally, when the administration’s actions are quite arbitrary, when the state dominates the society and massively misuses its power.

It is obvious that a law as such is unable to stop misuse and corruption. Nonetheless, the law on the public oversight of the state executive power is necessary. The law’s target is to distinctly outline the progressive ideas of the Ukrainian political resurrection and to trace the strategy for legal and organizational measures within the policy of recognition of values of an autonomous personality, self-rule, local initiatives and democracy in action.

2. The model draft of the law is constructed as a multilayered complex document. It consists of six chapters and about 60 articles, kept together by the general idea of the priority of the people’s sovereignty over the state sovereignty.

The first chapter of the law outlines the fundamentals of the public oversight of the state. The chapter gives a definition of the public oversight, indicating its object, subject and main principles. The law points out that all members of the civil society in Ukraine are free in their political choice; hence it follows that every citizen should respect the freedom of others and have the free access to the oversight of the policy of the Ukrainian state, President, Cabinet of Ministers and all other state agencies and officers both in the center and in the provinces.

3.The second chapter of the law is devoted to the principles of information relations between the public and various structures of the state executive power. Here the law is based on the presumption that free and fast development of a society occurs only under the condition of unlimited public discourse of main current problems. This discourse, first of all, may be critical with respect to the executive power, so it needs guarantees that the state or its agents shall not meddle. It is the society only that has the right to decide which problems and when should be set before the state and its agencies, not contrariwise.

The law is also based on the idea that it is the state executive structures that represent the most eminent danger for the freedom of information exchange and citizens’ access to information on the state activity in general. The law defines the cases when the information may be declared secret by the state, bans arbitrary coercive confiscation or prohibition of information resources of the civil society and private citizens by the state agencies. The law contains an article on the prohibition of arbitrary destroying information by executive power agencies and an article on guarantees that enable publishing information which is critical relative to the executive power and its officers.

4. Since the public oversight of the state activities is divided in the law into the in-parliament oversight and the out-parliament one, the third chapter of the law is devoted solely to the parliamentary forms of oversight of the activities of the executive power agencies. The subjects of the oversight are the Supreme Rada of Ukraine as a whole, as well as its committees and commissions, deputy groups and fractions, its Ombudsman and separate MPs.

In the cases when the operating laws of Ukraine already contain special normative and legal instruments on the status and competence of the above-listed subjects, the law is confined to the listing of the necessary blanket norms (on the committees, on the Ombudsman, on MPs). But if the needed concrete legal instruments are absent, the third chapter of the law contains the needed enumeration of the rights of control for the subjects of the parliamentary oversight. The specific feature of this part of the law is the listing of guarantees of the rights of control of the Supreme Rada as a whole and special rights of provisional investigating (control) commissions, deputy groups or fractions accompanied with necessary legal guarantees.

Separate articles of the law determine that the parliamentary oversight covers not only the executive power structures, force ministries and agencies, but also the activities of the President of Ukraine both in the peaceful time and in the time of war or in the extraordinary situation. The law does not permit to grant any discretional powers to any executive power officers; besides, the law establishes additional guarantees of the freedom of speech in the course of controlling the executive power by the Ukrainian parliament. In actual fact the law is based on the principle that the freedom of speech within the parliament must be unlimited.

5. The fourth chapter of the law is devoted to basic forms of the out-parliament oversight of the activities of the state executive power. Among subjects of this form of control the law names political parties, social and political movements, public human rights protection organizations, other public unions, as well as separate citizens and other individuals living in Ukraine.

The fourth chapter points out the essence and the main features of the party control over activities of the state executive power, its agencies and officers; peculiarities of the control over activities of the state executive structures by social and political movements are indicated. The core of this chapter is made by the articles on the main features, objects, rights and procedures of the oversight of activities of the state executive power agencies and officers by public human rights protection organizations.

It should be noted that this part of the law is quite novel in the Ukrainian legislation. Human rights protection organizations in Ukraine exist since long ago, they have accumulated noticeable experience, they have established plenty of internal and international ties. However, their status and rights of control over activities of the state executive power has not been fixed, up to now, in any legal acts or official documents. If not to count a cursory remark of these organizations in the Ukrainian law „On Appeals of Citizens“, there exists no legal provision of controlling or any other activity on the side of human rights protection organizations in Ukraine.

This is an inadmissible situation, since human rights protection organizations are a unique product of post-totalitarian countries, an embodiment of their lively civic spirit. Not only in Ukraine, but in the countries of the Western and Central Europe these organizations have won a leading position in holding back the state bureaucratic expansion and in providing the regime of observing civil rights and freedoms by the state executive power agencies and officers; in general, these organizations do much for preserving civil peace and concord.

The law treats human rights protection organizations as unions of citizens that „professionally“ possess general competence for better oversight. That is why the general rights of control of human rights protection organizations are defined and guaranteed by the law. As to more concrete special rights of these organizations and their relations with the procurator’s office of Ukraine, the Ministry of Interior agencies, the security service, the armed forces and the penitentiary system, all this must be developed and stipulated in special laws which should be incorporated to the Penal-Procedural and other Codes of Ukraine.

6. The fourth chapter of the law introduces such procedures like the „public investigation“ held by human rights protection organizations; the general content of their conclusions and public appeals is depicted. Chapters five and six complete the law. These chapters outline how to unite the separate fragments, scattered in various laws and documents, about the oversight rights of the state executive power by local self- rule bodies.

The concluding articles of the law are devoted to the oversight of the executive power and its officers by separate Ukrainian citizens and other individuals residing in Ukraine. Here the law points at the most significant in Ukraine forms of the direct oversight of the activity of the state on the side of its citizens and contains procedural guarantees of such oversight.



A MODEL DRAFT OF THE UKRAINIAN LAW
„ON PUBLIC OVERSIGHT OF THE STATE ACTIVITIES“


The goal of the present law is to support inalienable human rights and freedoms, both constitutional and others, stipulated by international instruments, which were confirmed by the Supreme Rada of Ukraine; the goal is also to subordinate the policy of the Ukrainian state, the activities of its agencies and officers to interests of the civil society; at last, the goal is to establish an efficient public oversight of the way the state fulfills its constitutional functions.

CHAPTER 1

FUNDAMENTALS OF THE PUBLIC OVERSIGHT OF THE STATE ACTIVITIES


Article 1. The concept of the public oversight of the state activities


According to this law, the public oversight of the state activities is control and supervision which is carried out to check various actions ofthe state, its agencies and officers by the Supreme Rada of Ukraine and its bodies, by individual MPs, unions of citizens and individual persons with the purpose of protection of human rights and freedoms, with the purpose of subordinating the state policy and activities of state agencies and officers to the interests of society in Ukraine.

Article 2. The concept of the state activities

According to this law, the state activities is the realization of the internal and external policy of the Ukrainian state as a whole, activities of every branch of the state power, as well as of all state agencies and officers.

On the contrary, any productive activity or that oriented at earning profit of an organization or enterprise or establishment owned by a state completely or partially is not regarded as the state activities.

Article 3. The concept of the civil society


According to this law, the civil society is the structured self-ruled non-government subset of the Ukrainian people. The civil society is a dominant factor of the social progress, it is superior to the state in principle.

The civil society is not an association based on a collective interest. All its members are free in their choice of the way of living, which implies respect of one member to all others and equal access of everyone to the oversight of the policy of the Ukrainian state, its agencies and officers.

Article 4. Principles of mutual relations of the civil society and the state

Interests of the civil societies are superior to those of the Ukrainian state.

The policy of the Ukrainian state, its agencies and officers must be opened to the public oversight.

The life of the civil society is based on the priority of freedom.

The policy of the Ukrainian state is based on the priority of the civil peace, security and stability.

The free choice of the way of living is the main principle of life and activity of the civil society in Ukraine. To this end, every individual must obtain with guaranties all proper rights and freedoms.

As a consequence of the political freedom of the people, the state agencies and officers are obliged to act solely within their duties.

The social progress in Ukraine is based on the principles of political, economic and ideological pluralism. State officers cannot act as umpires for social intellectual projects and ideas. Any imperative interference of the state into science, culture, religion or art is forbidden.

The right to determine and change the character and principles of political relations between the state and the civil society belongs to the people and may not be usurped by the state, its agencies and officers.

Article 5. Legal guarantees of the public oversight of the state activities


The right of the oversight of the state activities by the top representative power, political parties, human rights protection organizations, local self-rule bodies and other unions of citizens are stipulated and guaranteed by the Constitution of Ukraine and by Ukrainian laws.

Citizens of Ukraine shall oversight the state activities by using all their political rights and freedoms.

The guarantees of the oversight of the state activities by Ukrainian citizens are stipulated by the Constitution of Ukraine. by the law „On appeals of citizens“, by the present law, by other laws of Ukraine and by the international instruments which the Supreme Rada agreed to obey.

Foreign citizens and apatrides perform the oversight of the state activities on the basis of the Constitution of Ukraine, the Ukrainian law „On the legal status of foreigners“, on the Ukrainian law „On refugees“, the present law and the international instruments which the Supreme Rada agreed to obey.

Article 6. Prohibition of political dictatorship


Decisions of the society taken at a referendum or in some other democratic constitutional way shall not be abolished by the state, its agencies and officers.

The dictatorship of the state, its agencies and officers over the civil society and its members is illegal.

A temporary military or extraordinary regime introduced on a legal basis by the proper subjects within their rights is not considered an act of political dictatorship.

On the contrary, introduction of a military or extraordinary regime without a legal basis or by improper subjects or with a misuse of their rights or with the violation of the prescribed terms is considered an act of political dictatorship.

Article 7. Forms of the public oversight of the state activities


The public oversight of the state activities is carried out in the in-parliament and out-parliament forms on the basis of the Constitution and laws of Ukraine.

The in-parliament oversight of the state activities is performed by the Supreme Rada of Ukraine, its committees and commissions, by the Ombudsman, by deputies’ groups and fractions and by individual MPs.

The out-parliament oversight is performed by unions of citizens, by individual citizens of Ukraine, by foreigners and apatrides residing in Ukraine.



CHAPTER 2

MUTUAL RELATIONS OF THE CIVIL SOCIETY AND THE STATE CONCERNING INFORMATION


Article 8. The concept of information and new information


According to this law, information is knowledge of events and phenomena occurring or existent in the society, state or natural environment.

According to this law, new information is knowledge on events and phenomena occurring or existent in the society, state or natural environment that cannot be anticipated or predicted by the subjects of information relations.

Article 9. Information regarded as exclusive for the state


According to this law, the exclusive state information is that whose retrieval, use and storage is carried out by the state only. It is the information which is passed to the President of Ukraine and to the agencies of the executive power by the Security Service of Ukraine, by the Ministry of Interior and Ministry of Foreign Affairs, by the Military Intelligence and Counter-intelligence and by some other special state agencies.

Dependent on its content the exclusive state information can be regarded as open or secret (included into the List Of State Secrets of Ukraine (LOSS).

The information passed to the President of Ukraine and the agencies of the executive power from public (domestic and foreign) or private sources may not be included to LOSS.

Article 10. Fundamental principles of information relations of the civil society and the state


The information on activities of the Ukrainian state, its agencies and officers shall be open to the public.

The information relations of the civil society and the state shall be based on the following principles:

1) the civil society has a higher priority than the state in obtaining any new information except the exclusive state one;

2) any restraints on the new non-exclusive state information, imposed by the state, are forbidden;

3) any restraints on the non-exclusive state information, imposed by the state, are admissible only if the information is not new (is already known or easily predictable);

4) the restraints mentioned in (3) must be introduced through the procedures stipulated by law;

5) the state shall not restrict the retrieval, distribution, use and storage of the information pertaining to outlook, religion, philosophy, science or art;

6) licensing of citizen unions and individuals with respect to the access to common national or international computer, cable, satellite and other information systems (networks) on the side of the state, its agencies and officers is forbidden;

7) the LOSS shall be exhaustively defined and made public;

8) the general rules of access to information related to the LOSS shall be exhaustively defined and made public;

9) the general list of the data which, according to the wish of the owner, must be treated as confidential information, shall be defined by law and made public;

10) the protection of state secrets is a prerogative of the state, its agencies and officers. Private persons and unions of citizens, except those officially permitted to know some state secrets, are not responsible for divulging state secrets;

11) any orders issued by the state agencies which forbid to pass open information to mass media are forbidden;

12) any letters of private individuals obtained by mass media may not, without the owner’s permission, be passed to third persons;

13) journalists and publishers who work as agents for the Secret Services of Ukraine discredit the reputation of mass media and undermine the trust of the civil society to the freedom of speech in Ukraine;

14) if a journalist changes his job and becomes a state officer, without terminating his professional relations with mass media, then, during entering the state service or at signing contract, he must avoid to take duties concerning his two-sided loyalty; the separation of these two professions supports the reputation of the freedom of speech and other priorities of the civil society in Ukraine.

The information relations of the civil society and the state in Ukraine are determined by the Ukrainian law „On information“ by the Ukrainian law „On printed mass media (press) in Ukraine“, the Ukrainian law „On television and radio broadcasting“, the Ukrainian law „On information agencies“, the Ukrainian law „On the order of describing the activities of the state power and self -ruled bodies in Ukraine by mass media“, the Ukrainian law „On the National archives fund and archive establishments“, the Ukrainian law „On state secrets“, the present and other laws of Ukraine.

Article 11. Publishing critical information


Publishing true information criticizing the policy of the Ukrainian state, the activities of its agencies and officers may not be a reason for accusation.

Publishing true information criticizing the activities of the President of Ukraine does not fall under part 2 of Article 105 of the Constitution of Ukraine, which treats impingement on the honor and dignity of the President.

The public criticism of an activity (passivity) and decisions taken by the President of Ukraine, the Prime-Minister of Ukraine, the Cabinet of Ministers of Ukraine and other top executives of Ukraine may not be a reason for accusation.

Article 12. Publishing information on elected executives


The information about the personality of a citizen who pretends to be elected to a position in the state administration, as well as the one who occupies or occupied such a position, shall not be regarded as secret or confidential and may be made public.

Article 13. Restrictions on the regime of secrecy of information


The regime of secrecy for information contained in the LOSS or for the exclusive state information must not last more than 30 years.

Secret information carriers whose regime of secrecy expired shall be made open for public. After the expiration date no one needs a special permission for the access to and publication of the corresponding information.

Article 14. Prohibition of arbitrary destruction of information


The exclusive state information may not be destroyed by the decision of state agencies and their officers. The destruction of such information must be performed under the public control, basing on the law or a resolution of the Supreme Rada of Ukraine.

Information on genocide, political, ethnic, religious and other massive repressions conducted on behalf of the state by its agencies and officers, as well as information on corruption, bribe taking and other crimes contained in the Penal Code of Ukraine shall not be included into state or other secrets. Destruction of such information by the state, its agencies and officers is forbidden.

Information resources owned by the Ukrainian state shall not be destroyed by ideological and political reasons.

Article 15. Prohibition of destruction of information on the civil society


Information owned by private individuals and unions of citizens shall not be destroyed by the decision of the state agencies and its officers.

The solution to destroy such information is a prerogative of the court and must be based on law.

The coercive purchase or any other way of withdrawal of information resources of the civil society into the state ownership is forbidden.



CHAPTER 3

PARLIAMENTARY OVERSIGHT OF STATE ACTIVITIES


Article 16. Subjects of parliamentary oversight of state activities


The parliamentary oversight of state activities is performed by the Supreme Rada of Ukraine, its committees and commissions, its deputy groups (fractions), by the Ombudsman and individual MPs.

Article 17. Legal basis of the rights of the subjects of parliamentary oversight


The legal basis of the rights of the subjects of the parliamentary oversight is laid in the Constitution of Ukraine, in the Ukrainian law „On committees of the Supreme Rada of Ukraine“, in the Ukrainian law „On the Ombudsman of Ukraine“, in the Ukrainian law „On the dismissal of the President of Ukraine by way of impeachment“, in the Ukrainian law „On the status of people’s deputies of Ukraine“, in the Regulations of the Supreme Rada of Ukraine, the present law and others laws of Ukraine.

Article 18. Fundamentals of the oversight activity of the Supreme Rada of Ukraine


According to the Constitution of Ukraine, the Supreme Rada, directly or through its bodies, performs the oversight of observance of rights and liberties of man and citizen in Ukraine, as well as observance of laws and other legal acts, state programs and the state budget, activities of the President of Ukraine, state agencies and state officers.

Article 19. Rights of the Supreme Rada of Ukraine for the oversight of state activities


The parliamentary oversight of state activities by the Supreme Rada of Ukraine is performed in the following aspects:

1) control of the correspondence of the rights of the President of Ukraine and agencies of the state executive power and court to their constitutional functions;

2) control of observance of rights and liberties of man and citizen in Ukraine through the Ombudsman;

3) oversight of the proper actions of the state executive power concerning the rights of the owner of land and other natural resources that are regarded by the Constitution of Ukraine as the property of the Ukrainian people;

4) control of the state budget of Ukraine including the control of spending the budget money through the Accounting Chamber;

5) control of the state agencies and officers’ spending of financial loans which are not contained in the state budget and which are obtained from foreign states, banks and international financial organizations;

6) estimation of annual and unscheduled messages of the President of Ukraine about the internal and international situation in Ukraine;

7) control of how well-grounded are the President’s decisions to start a war and conclude peace;

8) control of the President’s use of the Armed Forces of Ukraine and other military units of Ukraine under his command;

9) checking reasons for declaring extraordinary situation in a region of Ukraine or entire Ukraine by the President;

10) checking reasons for President’s decisions to carry out complete or partial mobilization or to declare some region a zone of extraordinary situation;

11) estimating the program of the Cabinet of Ministers;

12) checking if the activities of the Cabinet of Ministers correspond to the Constitution of Ukraine; hearing reports of the Cabinet of Ministers in this question;

13) hearing reports of individual members of the Cabinet of Ministers on their activities;

14) analysis and estimation of annual written reports of the General Procurator of Ukraine, Chairman of the National Bank of Ukraine, Editor-in-Chief of the Supreme Rada’s newspaper and other top officers who are appointed, or elected, or selected by the Supreme Rada (except court officials and judges); if necessary, such reports are delivered at common sessions of the Supreme Rada;

15) checking if candidates suggested by the President for some positions satisfy the demands of the Constitution and other laws of Ukraine;

16) checking how reasonable is the aid granted by Ukraine to other states, or sending Ukrainian troops to other states, or permission to introduce to the Ukrainian territory troops of other states or international organizations;

17) control of the structure, quantity and functions of the Armed Forces of Ukraine, Security Service of Ukraine, National Guard of Ukraine, Ministry of Interior of Ukraine, Internal Troops of Ukraine, Frontier Guard of Ukraine, Military Units of the Ministry of Extraordinary Situations of Ukraine, other paramilitary units organized according to the Constitution of Ukraine;

18) control of the movement within Ukraine and, according to the special scheme, within 200 km around Kyiv, of military units of the Ukrainian army, Security Services, Ministry of Interior of Ukraine, National Guard of Ukraine and other paramilitary units organized according to the Constitution of Ukraine;

19) control of holding scheduled and extraordinary elections to the Supreme Rada of Ukraine, to the Supreme Soviet of the Autonomous Republic of the Crimea and the bodies of local self-rule;

20) checking sufficiency of reasons for stripping an MP from the parliamentary immunity;

21) performing other kinds of parliamentary control within the framework of the Constitution of Ukraine.

Article 20. Guarantees of the oversight rights of the Supreme Rada of Ukraine


The Supreme Rada’s rights for the oversight is ensured by establishing the parliamentary responsibility and other means of the parliamentary control that envisage the following measures:

1) introducing changes to the Constitution of Ukraine and laws of Ukraine, including changes concerning the competence and rights of the President of Ukraine, of the state agencies and officers;

2) dismissal of the President of Ukraine by way of impeachment;

3) holding the all-Ukrainian referendum on the people’s initiative on every question, including the termination of the President’s rights;

4) taking a decision on addressing a query to the President of Ukraine, based on a demand of a people’s deputy, or a group of MPs, or a committee after voting for it by one third or more of the constitutional composition of the Supreme Rada;

5) taking a decision on the assessment of the activities of the Cabinet of Ministers of Ukraine;

6) taking a decision on mistrust in the Prime-Minister of Ukraine or individual members of the Cabinet or in the Cabinet of Ministers as a whole, which implies their retirement;

7) expressing mistrust in the General Procurator, which implies the retirement of the General Procurator;

8) refusal to approve top officers of the executive power who should be approved by the Supreme Rada according to the Constitution of Ukraine;

9) agreement to lay the criminal responsibility at or arrest MPs and other top officers who, according to the laws and Constitution of Ukraine have legal immunity;

10) refusal to elect to state executive positions of those persons who, according to the Constitution of Ukraine, shall be elected to their positions by the Supreme Rada of Ukraine, provided that the candidates do not conform to the demands worded in the Constitution or the laws of Ukraine;

11) refusal to adopt the state budget of Ukraine or introduce changes to the budget;

12) refusal to adopt state programs of economic, scientific, technical, social, national-cultural development, as well as state programs of protection of the environment;

13) creation of provisional commissions for the parliamentary investigation of questions of public interest;

14) creation of provisional special commissions for preparation and preliminary consideration of questions within the competence of the Supreme Rada;

15) creation, if necessary, of provisional control and revision commissions;

16) other acts concerning state agencies and officers within the framework of the Constitution, laws of Ukraine and the Regulations of the Supreme Rada.

Article 21. Committees of the Supreme Rada of Ukraine


The Supreme Rada of Ukraine adopts the list of the needed committees and elects their chairpersons. The committees serve for carrying out legislative work, for preparation and preliminary consideration of questions, for controlling how laws and other decisions taken by the Supreme Rada of Ukraine are being implemented and for the oversight of the state activities.

The rights and the rules of the Supreme Rada committees are determined by the Constitution of Ukraine, by the Ukrainian law „On committees of the Supreme Rada of Ukraine“, by the Regulations of the Supreme Rada of Ukraine, by the present law and other laws of Ukraine.

Candidates for chairpersons of the committees of the Supreme Rada of Ukraine are put out in correspondence with the Regulations of the Supreme Rada of Ukraine at the meetings of deputy groups (fractions) with the consent of the candidates.

Article 22. Rights of the committees of the Supreme Rada of Ukraine for the oversight of state activities


For carrying out the oversight of state activities the committees of the Supreme Rada of Ukraine do the following:

1) discuss drafts of laws and other decisions of the Supreme Rada of Ukraine before their adoption;

2) prepare parallel reports to the annual and extraordinary reports of the Cabinet of Ministers to the Supreme Rada;

3) discuss candidates to the position of the Prime-Minister and members of the Cabinet of Ministers before suggesting them for the consideration by the supreme Rada of Ukraine;

4) discuss and confirm on a preliminary basis candidates who are elected or appointed by the Supreme Rada of Ukraine to the positions of the Chairman of the Constitutional Court of Ukraine, the Chairman of the Supreme Court of Ukraine, the Chairman of the Supreme Arbitration Court of Ukraine, General Procurator of Ukraine, the Chairman of the National Bank of Ukraine, the Editor-in-Chief of the newspaper of the Supreme Rada of Ukraine, members of the Constitutional Court of Ukraine, members of the Supreme Court of Ukraine, judges of the Kyivan, Sevastopol and regional courts, arbiters of the Supreme Arbitration Court of Ukraine and arbitration courts of Kyivan, Sevastopol and regional arbitration courts;

5) discuss and confirm on a preliminary basis candidates who are to be confirmed by the Supreme Rada of Ukraine to the positions of members of the Presidium of the Arbitration Court of Ukraine and the Collegium of the Procurator’s Office of Ukraine.

For giving conclusions on the candidates, whom the Supreme Rada of Ukraine must elect, appoint or confirm, the Committees must receive from the Secretariat of the Supreme Rada not later than three days before taking the decision the information about the candidates, that includes:

1) the data on education and profession;

2) the extract from the Labor book about the history of employment or other work;

3) autobiography;

4) declaration of income, the data on financial obligations, information on real estate owned by the candidate, as well as on other valuable property, bank accounts and securities, according to the requirements from a state officer of the 1-st category;

5) data (undersigned by the candidate personally) on his direct (or indirect, via a representative) participation in the administration of enterprises, companies, organizations, unions, cooperatives and other subjects of the business activity;

6) other data and documents presented to the committees according to the Ukrainian law „On Committees of the Supreme Rada of Ukraine“.

Article 23. Guarantees of the oversight rights of Committees of the Supreme Rada of Ukraine


All state agencies and organizations, as well as their officers and executives are obliged to fulfill demands of the committees of the Supreme Rada of Ukraine and present to them all needed materials and documents.

Recommendations of the committees of the Supreme Rada of Ukraine shall be obligatorily considered by all state agencies and officers concerned. The results of the consideration of these recommendations shall be directed to the proper committee at the appointed time.

Article 24. Provisional investigation, control and revision commissions of the Supreme Rada of Ukraine


In order to carry out parliamentary investigations of public interest the Supreme Rada of Ukraine creates provisional investigation commissions out of MPs. The tasks of such commissions are determined at the time of their creation.

The Supreme Rada of Ukraine may also create provisional control and revision commissions on every question within its competence. The tasks of such commissions are determined at the time of their creation.

Article 25. Rights of provisional investigation, control and revision commissions


In order to carry out parliamentary investigations the provisional investigation, control and revision commissions of the Supreme Rada of Ukraine have the following rights:

1) to investigate activities of state agencies and officers controllable by the Supreme Rada of Ukraine regardless of the fact whether this activity was or was not mentioned in the Constitution of Ukraine and other Ukrainian laws;

2) to hear top state officers and obtain from them all the needed materials and documents necessary for the assessment of the situation under investigation;

3) to address the society through mass media and directly for obtaining the needed data, as well as for informing public about the results of the investigation;

4) to hold regularly open (or, if necessary, closed) conferences, where the majority of the commission should be present;

5) to create auxiliary working groups, to attract, if necessary, experts and professionals;

6) to agree their activity, if needed, with other parliamentary committees, fractions, the Ombudsman, state law-enforcing agencies, local self-rule bodies, public human rights protection organizations;

7) to implement other rights granted to the parliamentary commission in the time of its creation.

Provisional investigation commissions also have other rights formulated in Articles 9.5.8 and 9.5.10 of the Regulations of the Supreme Rada of Ukraine.

The rights of provisional investigation, control and revision commissions of the Supreme Rada of Ukraine are terminated automatically after the Supreme Rada of Ukraine takes a final decision on the results of the work of the commission, as well as in the case of termination of the rights of the Supreme Rada of Ukraine.

Article 26. Guarantees of the control rights of provisional investigation, control and revision commissions of the Supreme Rada of Ukraine


If the procedure of the parliamentary investigation has been officially started, then illegal are any references of heads and members of the agency under investigation that some information pertain to state secrets.

The martial law or the law of emergency may not serve as an obstacle for carrying out a parliamentary investigation and the work of provisional investigation, control and revision commissions of the Supreme Rada of Ukraine.

Article 27. Ombudsman of the Supreme Rada of Ukraine


The parliamentary control of the observance of the constitutional human rights and liberties is performed by the Ombudsman of the Supreme Rada of Ukraine.

The Ombudsman is the highest civil officer whose duty is to oversight the protection of human rights and liberties in Ukraine from everyone, including the state, its agencies and officers, as well as of the public control over the protection of human rights

The rights of the Ombudsman of the Supreme Rada of Ukraine are defined in the Constitution of Ukraine and in the law „On the Ombudsman of the Supreme Rada of Ukraine“.

Article 28. Oversight of the state activities by deputy groups (fractions) of the Supreme Rada of Ukraine


The oversight of the state activities is also put on deputy groups (fractions) of the Supreme Rada of Ukraine. To this end, every registered deputy group (fraction) has the rights: 1) to formulate and declare in the Supreme Rada of Ukraine its opinion on every item of the agenda;

2) its representative may take the floor and tell the group’s opinion concerning any item of the agenda of the Supreme Rada of Ukraine;

3) to suggest any question to the agenda of the Supreme Rada of Ukraine;

4) its representative may take the floor after the discussion in the Supreme Rada of Ukraine of the question included by the group initiative;

5) to make its position, as well as speeches of its representative, known to public via the newspaper of the Supreme Rada of Ukraine and mass media;

6) to participate in the assessment of candidates to the positions of the Chairman of the Supreme Rada of Ukraine and his Deputies, Chairmen of committees and commissions of the Supreme Rada of Ukraine, Heads of other bodies of the Supreme Rada of Ukraine;

7) to discuss the candidates to top officials appointed, affirmed or elected by the Supreme Rada of Ukraine, to inform the Supreme Rada of Ukraine and public about the results of these discussions via mass media.

Article 29. Representatives of deputy groups (fractions) in bodies of the Supreme Rada of Ukraine


In order to perform the efficient parliamentary oversight of state activities, deputy groups (fractions) are given the rights of the proportional representation in all collegial bodies of the Supreme Rada of Ukraine and official parliamentary delegations.

Committees and provisional investigation, control and revision commissions of the Supreme Rada of Ukraine are formed by deputy groups (fractions) on the proportional basis or on some other agreement.

Article 30. Unions of deputy groups (fractions)


In order to perform their oversight functions, deputy groups (fractions) may cooperate, create unions and informal groups.

Deputy groups (fractions), their unions and informal groups hold open (or, if necessary, closed) conferences.

Deputy groups (fractions), their unions and informal groups in their activity base on the rights granted by the Constitution of Ukraine, Ukrainian law „On the status of a people’s deputy“, Ukrainian law „On organized political opposition in Ukraine“, Regulations of the Supreme Rada of Ukraine.

Article 31. Oversight of state activities by individual MPs


Individual MPs perform oversight of state activities on the basis of the rights granted by the Constitution of Ukraine, Ukrainian law „On the status of a people’s deputy“, Ukrainian law „On organized political opposition in Ukraine“, Regulations of the Supreme Rada of Ukraine and other laws of Ukraine.

Article 32. Queries from MPs


According to Article 86 of the Constitution of Ukraine, MPs have the right to address, during a session of the Supreme Rada of Ukraine, a query to various bodies of the Rada, as well as to the Cabinet of Ministers, heads of various bodies of the state power and heads of various establishments, enterprises and organizations situated on the territory of Ukraine, regardless of their subordination and the form of property.

The topics of the queries are listed in Article 12 and Article 19, Section 9 of the Ukrainian law „On the status of a people’s deputy“.

Article 33.Investigation by MPs


On the initiative of not less than 30 MPs a special investigation may be started within the competence of the Supreme Rada of Ukraine.

Such an investigation is started by a special decision of the Supreme Rada of Ukraine.

These investigations may be started if the following information became known:

1) violations of rights, liberties and legal interests of man and citizen;

2) violation of the Constitution of Ukraine and Ukrainian laws by state agencies and top officials who are appointed, elected or confirmed by the Supreme Rada of Ukraine;

3) a threat to the sovereignty or territorial integrity of Ukraine or its ecological, political, economic and cultural interests;

4) violations of the rights of unions of citizens in Ukraine.

The rights of MPs during these investigations are determined in the Ukrainian law „On the status of a people’s deputy“.

Article 34. MP’s commission for investigation


In order to carry out an investigation of the type mentioned in Article 33 of the present law, the Supreme Rada of Ukraine appoints a commission made of MPs.

This commission has the right to summon any state official for giving explanations.

The work of the commission ends with well-grounded conclusions which is discussed and confirmed by the Supreme Rada of Ukraine.

Article 35. The freedom of speech in the process of parliamentary oversight of state activities


When criticizing the internal and external policy of the Ukrainian state, its agencies and officers at plenary meeting of the Supreme Rada of Ukraine, meetings of its committees, commissions and other provisional or permanent bodies, as well as in MPs’ public speeches and in materials published in mass media, MPs have the freedom of speech without limitations.

Article 36. General guarantees of parliamentary oversight of state activities


The parliamentary oversight of state activities is universal and concerns any decisions, activity and passivity of the President of Ukraine, the state, its agencies and officers. Every state agency and every state officer (except courts and judges), whose rights are determined by the Constitution of Ukraine and by Ukrainian laws are controlled by the Supreme Rada of Ukraine.

The martial law or the state of emergency shall not terminate the parliamentary oversight of state activities.

The regime of state or some other secrecy shall not terminate the parliamentary oversight of state activities.

The creation of any agencies or positions in the state administration (except courts and judges) which are not controllable by the parliament is forbidden.

Any secret or explicit creation of agencies, their departments and positions, not confirmed by the Supreme Rada of Ukraine and uncontrollable by the Supreme Rada of Ukraine is forbidden.

Any attempts to cancel or weaken the parliamentary oversight of state activities are illegal.

Any corrections or amendments to this law during the martial law or the state of emergency are forbidden.

Article 37. Oversight of the activities of the force ministries, Ministry of Foreign Affairs and Procurator’s Office of Ukraine


The Supreme Rada’s oversight of the Council of National Security and Defence of Ukraine, Ministry of Defence of Ukraine, the Supreme Rada of Ukraine, Ministry of Interior of Ukraine, Security Service of Ukraine, Ministry of Foreign Affairs of Ukraine, other force ministries and agencies, Procurator’s Office of Ukraine and their officials and officers is regulated by special laws.

Temporary absence of such laws shall not prevent the parliamentary oversight.

The activities of these agencies and their officers shall be fully controlled by the parliament.

Article 38. Parliamentary oversight of the President’s activity


The President’s activity shall be fully controlled by the Parliament.

The President’s activity in the capacity of the Commander-in-Chief of the armed forces of Ukraine, as well as during the action of the martial law or in the state of emergency, shall be fully controlled by the parliament.

The object of the parliamentary oversight of the President of Ukraine is all his constitutional functions and rights. If, in fulfilling his rights, the President of Ukraine commits actions not lying within his competence, the latter actions shall be fully controlled by the parliament.

Article 39. Prohibition of discretionary rights


Any discretionary rights of state agencies and their officers established by administration orders or just arbitrary rights of state agencies and their officers, not stipulated by law and not confirmed by the Supreme Rada of Ukraine, are forbidden.

The President of Ukraine does not possess any discretionary rights.



CHAPTER 4

OUT-PARLIAMENT OVERSIGHT OF STATE ACTIVITIES


Article 40. Subjects of out-parliament oversight of state activities


The out-parliament oversight of state activities is performed by political parties, social and political movements, public human rights protection organizations, other unions of citizens, individual citizens and residents of Ukraine.

Article 41. Legal foundations of the out-parliament oversight


The legal foundations of the out-parliament oversight are given by the Ukrainian law „On unions of citizens“, Ukrainian law „On political parties in Ukraine“, Ukrainian law „On organized political opposition in Ukraine“, Ukrainian law „On appeals of citizens“, Ukrainian law „On public human rights protection organizations“, this law and other laws of Ukraine.

Article 42. Oversight of state activities by political parties and social-political movements


Political parties and social-political movements carry out the oversight of state activities from political positions which may be independent, alternative or oppositional with respect to the policy of the Ukrainian state, its agencies and officers.

The public oversight by parties and social-political movements is an expression of the political will of supporters of some all-national program of development of the Ukrainian state, of an independent public assessment of the internal and external policy of the Ukrainian state, of the contents, directions and forms of activity of its agencies and officers.

Article 43. Rights of the parties and social-political movements in the oversight of state activities


In order to carry out the oversight of state activities parties and social-political movements have the following rights:

1) to criticize publicly the course of the internal and external policy of the Ukrainian state, the activity (or passivity) of the President of Ukraine, as well as the activity (or passivity) of the state, its agencies and officers;

2) to suggest their own version of the course of the political development of Ukraine, to suggest to the public plans which may be alternative or oppositional with respect to the official policy of the Ukrainian state;

3) to agitate for their program of the national development of Ukraine;

4) to criticize publicly in mass media the bodies and agencies of the legislative, executive and judicial power and their officials and officers;

5) to act as a claimant at court vs. the state, its agencies and officers;

6) to take part in elections, agitating „for“ or „against“ the candidates for the post of the President of Ukraine, for members of parliament, as well as the candidates to other elective posts, according to the procedures stipulated by the Constitution of Ukraine and other Ukrainian laws;

7) to initiate the impeachment of the President of Ukraine;

8) to initiate the all-Ukrainian referendum on ending before the legal term the activities of the President of Ukraine, the Supreme Rada of Ukraine, as well as referendums, both all-Ukrainian and local, devoted to other problems;

9) to establish new mass media for the distribution in the public of independent political views and assessments, including those which are alternative or oppositional to the policy of the state, its agencies and officers.

When criticizing state activities parties and social-political movements are protected by the constitutional guarantees of the freedom of speech.

Article 44. Oversight of state activities by public human rights protection organizations


Public human rights protection organizations are unions of citizens whose activities are directed to rooting and protecting human rights and freedoms in Ukraine, to the efficient control of the observance of such rights by the state, its agencies and officers.

The rights of the public human rights protection organizations are determined by the Constitution of Ukraine, Ukrainian law „On unions of citizens“, Ukrainian law „On appeals of citizens“, Ukrainian law „On public human rights protection organizations“, this law and other laws of Ukraine.

Article 45. Foundations of the oversight activities by public human rights protection organizations


The public human rights protection organizations root and protect human rights and freedoms in Ukraine, regardless of the race, sex, citizenship, ethnic or social origin, property or other status, position, profession, place of residence, language, religion, political or other convictions.

The activities of human rights protection organizations are open to the public.

In order to make their work more efficient and coordinated, public human rights protection organizations may unite with similar national, foreign and international organizations.

Public human rights protection organizations may freely exchange information within Ukraine or with foreign and international organizations, create local, national or international information networks and systems, control, with their own resources or with the aid of other organizations, how human rights and freedoms are observed by the state, its agencies and officers.

Forms and methods of the work of human rights protection organizations are determined by themselves, according to the statute of these organizations and the laws of Ukraine.

Article 46. Object of the oversight of state activities by public human rights protection organizations


Public human rights protection organizations consider claims and complaints of physical and juridical persons, or their representatives, on violations or incomplete observance of human rights and freedoms caused by activity (passivity) of any state agencies and officers in Ukraine.

Public human rights protection organizations carry out the oversight of the state activities and consider claims and complaints on abusing human rights and freedoms, which are guaranteed by the Constitution of Ukraine, by the laws of Ukraine and by the international instruments approved by the Supreme Rada of Ukraine.

Decisions, as well as activity (passivity) of state bodies and agencies, officers and officials of the state, which may be complained about by public human rights protection organizations on their own behalf or on behalf of the physical persons, are the decisions, as well as activity (passivity) of the state, its agencies and officers which caused:

1) violation of human rights and freedoms in Ukraine;

2) obstacles to prevent the realization of human rights and freedoms;

3) a situation when man is illegally given some duty to fulfill or is illegally declared guilty of some crime or felony.

Article 47. Rights of public human rights protection organizations for the oversight of state activities


For protecting human rights and freedoms public human rights protection organizations have the following rights:

1) to start a public investigation according to a received claim or complaint;

2) to direct on their own behalf or jointly with physical and juridical persons claims and complaints to state bodies and officers for resolving a problem;

3) to direct claims and complaints on behalf of the victims of arbitrary actions to court and to international organizations;

4) to direct other documents (appeals, demands, requests, remarks, etc.) to state agencies and officers, as well as to international organizations;

5) to carry out an independent expertise of law drafts, laws and other legal documents aimed at rooting and protecting human rights and freedoms in Ukraine;

6) to carry out the monitoring of the legislative, administrative and judicial practices of state bodies and agencies in Ukraine in the field of the observance and protection of human rights and freedoms;

7) to prepare and direct independent reports about the observance and protection of human rights and freedoms to international organizations and courts;

8) to prepare and direct independent comments on the official state reports about the state of the observance and protection of human rights and freedoms; such reports are now systematically sent by official representatives of the Ukrainian state to the UNO, European Council and other international organizations, according to the international duties of Ukraine;

9) to carry out other actions stipulated by this law and the Ukrainian law „On public human rights protection organizations“.

Handing claims and complaints by a public human rights protection organization shall be done on the basis of a proxy from the person who suffered from the abuse; the proxy shall be written in the form mentioned by the law.

Article 48. Restrictions on rights of public human rights protection organizations


Public human rights protection organizations do not start a public investigation and do not consider any complaints about decisions and activity (passivity) of the Supreme Rada of Ukraine, President of Ukraine, Cabinet of Ministers of Ukraine, unless such decisions, activity (passivity) may be directed to a court in Ukraine, to an international court on human rights or some other international organizations.

Public human rights protection organizations carry out public investigations and consider claims and complaints about decisions and activity (passivity) of the Constitutional Court of Ukraine, as well as the Supreme Rada of Ukraine, provided the decisions or activity (passivity) of these bodies can be put before international organizations or courts on human rights protection.

Article 49. Handing claims and complaints to public human rights protection organizations


Public human rights protection organizations accept for consideration claims and complaints from physical and juridical persons or from their representatives, if they believe that their efforts will result in the restoration of the abused rights and freedoms, will terminate the illegal activity (or passivity) of the state, its agencies and officers.

Public human rights protection organizations accept for consideration claims and complaints and also carry out public investigations in order to protect human rights and freedoms of the mentally retarded, old people, minors, handicapped, convicts, servicemen and other persons for whom it is impossible or difficult to protect their own rights , freedoms and legal interests stipulated by the Constitution and other laws of Ukraine.

Claims and complaints are handed to public human rights protection organizations in writing, in an arbitrary form, but they must contain the name of the claimant, the essence of the claim, the name of the agency or officer whose decision or activity (passivity) abused the claimant.

Claims and complaints should be directed to a human rights protection organization, as a rule, not later than one year since the claimant learned about the abuse and not later than three years after the abuse. If these terms have passed, public human rights protection organizations accept the claim if they agree.

Article 50. Public investigations carried out by public human rights protection organizations


To achieve their statutory goals with respect to human rights and freedoms public human rights protection organizations carry out public investigations, following a claim, or complaint, or their own initiative.

Public human rights protection organizations carry out a public investigation on their own initiative on the basis of collected information about brutal, massive or another substantial abuse of human rights and freedoms by the state, its agencies and officers.

In the course of a public investigation, following a claim, or complaint, or their own initiative human rights protection organizations or their representatives have the following rights:

1) to take part in the verification of the complaint by a state official;

2) to communicate to the state official checking the complaint some arguments on behalf of the human rights protection organization;

3) to present needed documents to the state official or to insist on requesting such documents;

4) a representative of the human rights protection organization must be present during the consideration of the complaint by state officials;

5) to receive written answers on the result of checking the claim or complaint directed to an official agency by the human rights protection organization;

6) to receive from state agencies and officers information concerning checking abuses of rights and freedoms described in the claim or complaint;

7) to turn to state agencies and bodies with requests concerning violations of rights and freedoms;

8) to demand secrecy, if needed, while considering a complaint in official instances;

9) to demand from state agencies and officers to recover damages that resulted from the neglect of the standard routine of considering complaints;

10) to be received without obstacles and delay by officials for checking necessary data, studying needed documents and copying them, provided that they do not contain state secrets or some confidential, according to the law, information;

11) to participate in court trials with the purpose of defending and restoring the violated human rights and freedoms, to attend open court trials and other sittings and conferences of state agencies, to have access to and the right to copy minutes or protocols of such conferences;

12) to pass information of the received claims and complaints, as well as the information on the abuses of human rights gathered by the human rights protection organization in any other way, to the President of Ukraine, to the General Procurator of Ukraine, to agencies of the Ministry of Interior, to the Security Service of Ukraine, as well as to international organizations and mass media, if it does not contain legally secret or confidential information.

Article 51. Conclusions drawn by public human rights protection organizations


On finishing a public investigation concerning some violations of human rights and freedoms a human rights protection organization draws some conclusions.

In these conclusions the public human rights protection organization has the right:

1) to point out concrete violations of human rights and freedoms on the side of state agencies and officers;

2) to issue a public reprimand to state agencies and officers for their activity (passivity) that resulted in abuse of human rights and freedoms;

3) to suggest to the state agencies and officers to correct the abuse of human rights and freedoms detected during the public investigation;

4) to pass the materials needed for the correction of the violation of human rights and freedoms to the superior instance relative to the agency or officer guilty of the abuse;

5) to demand from the state agencies and officers to cancel documents or decisions that caused or may cause a violation of human rights and freedoms;

6) to ask the superiors of the officials who were guilty of abusing human rights and freedoms to issue reprimand or punishment stipulated by the Labor Code;

7) to issue a public reprimand to those state bodies and officers whose decisions or activity (passivity) resulted in violations of human rights and freedoms or who did not react to public appeals concerning such violations;

8) to turn to the Ombudsman of the Supreme Rada of Ukraine reporting him about massive rude or substantial violations of human rights and freedoms by Ukrainian state agencies and officers;

9) to inform the law enforcing agencies about the facts found in the course of public investigations about such actions of state officials that could be crimes or felonies.

Copies of the conclusions of public investigations are directed to:

1) the physical or juridical persons which sent the complaint;

2) the person or persons whose rights were violated;

3) the state agency or/and officer which caused the violation;

4) the law enforcing agencies, if measures against the abusers must be taken.

The conclusions of public human rights protection organizations have the status of recommendations.

Article 52. Public appeals of human rights protection organizations


Having taken account of the results of considering the received claims and complaints, as well as the results of the public investigations undertaken on their own initiative, public human rights protection organizations have the right:

1) to hand to the state agencies and officers general conclusions and evaluations aimed at the efficient guarantees of human rights and freedoms;

2) to direct their recommendations about perfecting legal and organizational procedures of realization of human rights and liberties to the Ombudsman of the Supreme Rada of Ukraine.

3) to turn to the Constitutional Court of Ukraine for official interpretation of the Constitution and laws of Ukraine, if human rights protection organizations believe that incorrect interpretations are used by courts or other state agencies, and that such interpretations can threaten constitutional rights and freedoms;

4) to hand well-grounded suggestions to the Supreme Court of Ukraine on resolutions that would comment or explain some juridical statements which were considered doubtful or whose application caused ambiguity in court verdicts and decisions;

5) to direct to the supreme state bodies and their officials suggestions concerning the general status of embodiment of their rights to observe and protect human rights and freedoms, as well as concerning measures aimed at improving the situation.

Article 53. How the state, its agencies and officers shall consider conclusions and appeals of human rights protection organizations


On receiving a public appeal from a public human rights protection organization, the state agency or the officer shall consider it and take, if necessary, appropriate measures. The authors of the appeal shall be informed about the reaction in writing within a month.

On receiving a conclusion of the public investigation from a public human rights protection organization, the state agency or the officer shall consider it and take or plan, if necessary, appropriate measures or to give grounds for the refusal of taking any measures. The authors of the appeal shall be informed about the reaction in writing within a month.



CHAPTER 5

OVERSIGHT OF STATE ACTIVITIES BY LOCAL SELF-RULE BODIES


Article 54. Oversight of state activities by local self-rule bodies is carried out on the basis of the Constitution of Ukraine, the Ukrainian law „On local self-rule in Ukraine“ and on the present law.


The oversight of state activities by the local self-rule is carried out with respect to the local state administrations and their officials, as well as to the state offices, enterprises and organizations situated on the territory ruled by the local bodies.

The oversight of state activities by the local self-rule is founded on the following principles:

1) state administrations situated in the locality shall not interfere into the questions which are the prerogative of self-rule bodies;

2) local self-rule bodies shall not interfere in the questions related to the competence of state administrations;

3) state administrations situated in the locality shall be controlled by the local self-rule in the questions within the competence of the latter;

4) the rights of the local self-rule can be defended in courts.

Article 55. Forms of the oversight of state activity by local self-rule

Forms of the oversight of state activity by local self-rule are as follows:

1) oversight by the local councils, executive committees and permanent commissions;

2) local referendums;

3) general meetings of citizens;

4) local initiatives;

5) public hearings;

6) activities of the mass media founded by the local self-rule bodies.

The oversight of state activities by the local self-rule bodies is carried according to the rights guaranteed to subjects by the Constitution of Ukraine, the Ukrainian law „On the local self-rule in Ukraine“ and this law.

Article 56. Control over state administrations situated in the locality by local self-rule bodies


State administrations situated in the locality are controlled by the corresponding district and region councils in fulfilling social and economic programs, as well as those concerning cultural development, filling district and state budgets and fulfilling other duties which are delegated to them by the corresponding district and region councils.

Article 57. Rights of district and region councils for the oversight of state activities


To carry out the oversight of state activities district and region councils have the following rights:

1) to create permanent control commissions and consider their reports;

2) to consider deputies’ requests and take decisions on the requests;

3) on decisions of territorial communities to take decisions on holding consultive polls;

4) to exert the rights in organizing all-Ukrainian referendums carried out on the initiative of the Supreme Rada of Ukraine or on the people’s initiative;

5) to join associations and other forms of voluntary unions of local self-rule bodies, as well as to leave such associations and other unions;

6) to hear the reports of the local state administrations, their deputies, heads of directorates, departments and other subunits of the administrations on their fulfilling the programs of social-economic and cultural development, on their contribution to the local budgets, on their fulfillment of the proper decisions of the local self-rule bodies and the rights given to them by the local self-rule bodies;

7) to take a decision on expressing distrust to the head of the local state administration;

8) to turn to courts with applications of considering illegal some acts of the local state administrations, enterprises, establishments and organizations, the acts that restrict the rights or damage interests of the local communities, as well as the rights of the district or region councils and their bodies;

9) to create local mass media, to appoint and to dismiss their heads.

Article 58. Rights of the executive bodies of village, settlement and town councils for the oversight of state activities


In order to exert the oversight of state activities village, settlement and town councils have the following rights:

A) their own rights:

1) to assist in the activities of courts, prosecutor’s office, offices of justice, security service, agencies of the Ministry of Interior, advocates’ service aimed at the protection of human rights and freedoms and legal interests of the population;

2) to turn to the appropriate agencies with claims to make responsible those state officials who ignore legal decisions and demands of the local councils and their bodies;

3) to turn to courts and demand to consider illegal decisions of local state administrations, as well as locally situated state enterprises, establishments and organizations, if these decisions restrict the rights or damage the interests of the territorial communities, if they restrict the rights of the local self-rule bodies and their officers;

B) delegated rights:

1) to guarantee the fulfillment of the requirements of law concerning the timely consideration of citizens’ appeals, to carry the oversight of this work at enterprises, establishments and organizations, regardless of the form of property;

2) to organize, on demands of the community, gatherings, meetings, manifestations, demonstrations and other similar forms of expressing the opinion of the masses; to control the public order during such gatherings.

Article 59. Permanent control commissions of local councils


In order to monitor the fulfillment of decisions of the local councils and their executive committees, the councils create permanent control commissions, out of their deputies.

By the order of the chairman of the village, settlement or town council, or the deputy-chairman, or some other executive, or by their own initiative, the permanent commissions study the activity of the local state administrations, as well as locally situated enterprises, establishments and organizations, their branches and departments, regardless of the form of property, in the questions controllable by the local self-rule bodies, work out recommendations on the result of their inspection and present these recommendations to heads of the local self-rule bodies, or, if needed, to the councils or their executive committees. The permanent commissions also control the fulfillment of decisions of councils and executive commissions of village, district, town and town-district.

The permanent commissions have the right to receive, within their competence, needed materials and documents from the local state administrations, as well as from the locally situated enterprises, establishments and organizations, their branches and departments, regardless of the form of property.

Recommendations of the permanent commissions must be obligatorily considered by the state administrations, enterprises, establishments, organizations and officials to which the recommendations are addressed. The permanent commissions must be informed on the results of consideration of their recommendations and on the measures taken within the term stated by the commission.

Article 60. Provisional control commissions of the councils


In order to control some concrete problem the local self-rule bodies elect from their deputies provisional control commissions.

Deputies — members of the provisional control commissions, as well as professionals, experts and other persons attracted for the participation in such a commission shall not divulge the information which they learned working in this commission.

Having completed the investigation, the commission must compile a report and make suggestions to be considered by the corresponding council.

Article 61. Expression of mistrust to heads of local state administration


As a result of their oversight functions, the district or town council, by a secret ballot, may express distrust to the head of the local state administration. This act is considered by the President of Ukraine, after which the latter must take a decision and give a well-grounded answer to the local council.

If two thirds or more of the council expressed mistrust to the head of the district or region state administration, the President of Ukraine must dismiss the head of the local state administration.

CHAPTER 6

OVERSIGHT OF STATE ACTIVITIES BY CITIZENS AND OTHER RESIDENTS OF UKRAINE

Article 62. Oversight of state activities by citizens and other residents of Ukraine


Individual citizens of Ukraine and other residents of Ukraine carry out the oversight of state activities on the basis of the Constitution, as well as the international instruments aimed at guaranteeing political rights and freedoms and confirmed by the Supreme Rada of Ukraine.

Guarantees for the oversight by citizens and other residents of Ukraine are stipulated in the Ukrainian law „On appeals of citizens“, Ukrainian law „On the juridical status of foreigners“, Ukrainian law „On refugees“, this law and other laws of Ukraine.

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