MODEL PROJECT
CONSTITUTION OF UKRAINE — 2023

Preamble

We, the Ukrainian people, free citizens of Ukraine,
Based on the centuries-old history of Ukrainian statehood,
Taking care of the exercise of their rights and fundamental freedoms,
Striving to subordinate state power to the interests of the individual, and the state as a whole to the interests of society as a whole,
Concerned for the life, liberty, and prosperity of present and future generations,
Expressing our sovereign will,
Adopt this Constitution as the Fundamental Law of Ukraine.

The preamble of this draft Constitution is shorter, in comparison to the preamble ofthecurrent1996 Constitution of Ukraine. This is justified by the fact that this draftprovides a new subject in the adoption of the Fundamental Law—the Ukrainian people. Previously, it was a representative state body, the Verkhovna Rada of Ukraine, and now it is directly about all citizens of Ukraine.
It is obvious that the Ukrainian people cannot talk about their collective responsibility before God or their own conscience, since such a relationship is private and personal. Not all citizens are believers, and believers belong to different religions and denominations. Conscience is also an element of the individual, which is not communal nature.
It would also be politically incorrect to state that the people adopt the Constitution guided by the Act of Declaration of Independence of Ukraine of August 24, 1991, since such large-scale political actors as the nation or the people stand above any political obligations or duties. The preamble testifies to the intention of the sovereign people to establish a new Constitution of Ukraine.

Section I. General Principles

The principles of the draft Constitution are based on ideological positions that reflect the universal laws of constitutionalism of the modern liberal democratic model. This section of the draft Constitution defines the main parameters of social and political life in Ukraine. They are presented in the form of concise constitutional prescriptions (values, principles, and norms), through which the constitutional text should be perceived in the future.

Article 1
1. The will of the people shall determine the will of the Ukrainian state and shall be the highest political authority.
2. The Constitution of Ukraine shall be the supreme legal authority.
3. The legislative, executive, and judicial branches of power in Ukraine shall be subordinate to the will of the people and this Constitution.

Article 1 of the draft Constitution states that the will of the Ukrainian people is the highest political authority. This means that the will of the Ukrainian people is the highest living (embodied by the people) power in Ukraine. On the contrary, the current Constitution is defined in this article as the embodiment of the supreme legal (abstract) power in the state. By adopting the Constitution, the people consider it the guarantor of their freedom, the main means of limiting the possible illegal expansion of the state. 
At the same time, the Constitution is a legal act that establishes the rules of political interaction not only for individuals, but also for the functioning of the entire state mechanism, the Ukrainian state and civil society as a whole.
Article 1 of the draft Constitution proceeds from the fact that the sovereignty of the Ukrainian people is higher than the state sovereignty of Ukraine, which entails the need to establish legal restrictions on the state. It is natural that the Constitution is the main guarantor of civil freedom because it stands above the functionally necessary state order.
In academic sources, this type of fundamental political relations is set forth in the works of Friedrich von Hayek (“Law, Legislation, and Liberty”), John Rawls (“A Theory of Justice” and “Political Liberalism”), Ronald Dworkin (“Law’s Empire” and “Freedom’s Law”), Robert Nozick (“Anarchy, State, and Utopia”), James Buchanan (“The Constitution of Economic Policy” and “The Calculus of Consent”), Brian Tamanaha (“On The Rule of Law”), Hans Kelsen (“The Function of a Constitution”), and many others.
The legal power of the constitution, due to its greater thoughtfulness in relation to the political power of living people and the state as a whole, is strategic and fundamental. It takes the form of foundations, principles, human rights, as well as rules for the functioning of the main elements of the state mechanism (through the balance of powers). Such an idea of the constitution is typical in the modern understanding of constitutionalism, which is rightly identified with the rule of law in the West.
While forcible submission to common specific goals (communism, Nazism, fascism) is equal to slavery, obedience to a single abstract rule—no matter how heavy the burden becomes—provides space for broad freedom and diversity, wrote Friedrich von Hayek. Thus, the highest authority in society should be the constitution, the main objects of influence and at the same time the instruments of implementation of which are public authorities. The abstract is law, and its exercise is the state, Hegel emphasized in his time.
However, the constitution is not just a basic law. It embodies everything that distinguishes law from legislation. Law is more universal than legislation, in which it finds its practical materialization. This explains the relative unity and universalism of world constitutionalism, as well as its autonomy in relation to national policies.

Article 2
1. The freedom of the people shall be the main purpose of this Constitution.
2. Civil peace, safety, security, and sustainable development shall be the main goals of the Ukrainian state.
3. The goals of the Ukrainian state are subordinate to the main goal of the Constitution of Ukraine.
4. The freedom to decide one’s own destiny shall be the main principle of the freedom of the people for every Ukrainian citizen.
5. The freedom of the people requires that every government official shall exercise their authority within the limits outlined by this Constitution.

The life of modern society requires order, and at the same time dynamism and freedom, which are not always in the best relations with order. And the constitution must deal with this situation. By choosing only order, people risk falling into authoritarianism and totalitarianism. By taking the side of freedom exclusively, they risk losing their orientation and begin to move towards chaos. To avoid extremes, modern constitutional systems are dual in nature: one part of their norms takes care of security and order, and the other about freedom and progress.
Since civil liberty and progress are strategically more important than order, the best historical constitutional models take the side of freedom. The modern liberal-democratic constitution is the guarantor of freedom, the expression of which in a healthy society is the degree of positive entropy in the economy (market), politics (democracy), and private life (privacy). Thus, the constitution is not so much a compiler of civil life as a guarantor against its excessive organization, bureaucratic regulation, etc.
However, freedom is an important priority of the Constitution and an object of guarantee not only because the manifestations of freedom in the economy, politics, and private life lead to the highest efficiency. Freedom is important as a moral factor as well. After all, only a free person is able to be truly responsible for their actions.
Section One of Article 3 of the current Constitution of Ukraine does not state that the highest social value in Ukraine is freedom, but that it is life, health, honor, dignity, inviolability, safety, and security of a person. That is, the current Constitution is emphatically protective in nature. But if we take the wording of the current Article3 literally, one can come to the paradoxical conclusion that the Constitution prohibits risking the life of an individual even in times of war. 
After all, as follows from the analysis of this norm, the independence and sovereignty of Ukraine, and the inviolability of its borders are inferior to the highest social value — the life of a person as a physical being. It should not be forgotten that the articles of an organic constitution are not metaphors, but legal norms designed for concrete practical action. 
It must also be emphasized that human life was not regarded as the highest social value either by the ancient Christian martyrs or by such authorities of antiquity as Socrates, Herodotus, or Sophocles. Later, the general notion that human life should be considered the highest social value, was criticized by Hegel, Alexandre Kojève, and Francis Fukuyama. Therefore, this draft Constitution proceeds from the fact that civil freedom is the highest value not only in a normal (peaceful) state, but also in a state of emergency or martial law, that is, when it requires additional guarantees for its protection and preservation. After all, it is during such periods that the superiority of the state over the individual becomes especially threatening and dangerous.
Among the main goals of legal protection, the draft Constitution names the life, freedom, and prosperity of present and future generations (Preamble). It should be noted that each of the existing constitutional systems in the world is original in terms of its principles. In the United States, these are the free principles of the English unwritten constitution combined with natural law and common sense.In France, it is freedom, property, security, and resistance to oppression. The right to life is also well-known in Thomas Jefferson’s “Life, Liberty, and the pursuit of Happiness,” Franklin D. Roosevelt’s “Four Freedoms,” Woodrow Wilson’s “Fourteen Points,” and so on.
Additionally, not only norms are important in modern constitutionalism, but also the very structure of the constitution, its philosophy and legal atmosphere, the normative concepts used in it, and the type of regulation itself. Concise but substantive constitutional provisions do not take effect immediately, but their effect is profound, in most cases. In view of this, Section I of the draft Constitution is built as an ensemble of legal guarantees that the will of the Ukrainian people determines the will of the state and acts as the highest political authority. 
In contrast to the will of the Ukrainian people, the Constitution of Ukraine is the supreme legal authority. In turn, the State is identified as the source of force that ensures the supremacy of the Constitution. For the power of the state to be effective, it must be based on democracy and legitimacy. Thus, Article 2 of the draft Constitution contains a provision that the main imposition of the freedom of the people is for every government official to act exclusively within the limits of the powers outlined by the Constitution. This approach is less radical than that enshrined in SectionTwo of Article 19 of the current Constitution, which refers to the complete prohibition of discretionary powers.
In particular, the wording of Section Two of Article 19 of the current Constitution stipulates that bodies of State power, local authorities, and their officials, are obliged to act only on the basis within the limits of their powers, in the manner prescribed by the Constitution and the law, leaving practically no room for political maneuver of the President of Ukraine. As practice shows, the prohibition of discretionary powers should apply only to law enforcement officials. On the other hand, in some exceptional cases, freedom of maneuver is granted to these structures. Therefore, the provisions of Section Two of Article 19 of the current Constitution is placed in another section of the draft Constitution.

Article 3
1. Ukraine shall be a sovereign, liberal-democratic, and legal state.
2. Ukraine shall be a unitary decentralized republic.
3. Citizenship of Ukraine shall be prescribed by law.

Article 3 of the draft Constitution preserves the main legal characteristics of the Ukrainian state. Almost everything here is left the same as the current Constitution. The only provisions that have been removed is that Ukraine is a social state, and that Ukraine recognizes a single citizenship. There are no real grounds to assert this at the constitutional level. Additionally, in constitutional theory one can find convincing assertions that a welfare state cannot be a state governed by the rule of law at the same time (Friedrich von Hayek).

Article 4
1. The State shall be responsible before the individual for its activities.
2. Guaranteeing human rights and fundamental freedoms shall be the main duty of the State.
3. Everyone shall have the right to sue the Ukrainian state as a whole, as well as its bodies and officials.
4. All officials must serve the interests of the Ukrainian people without exception. Their powers shall be defined in this capacity.

Article 4 of the draft Constitution states that the definition of the competence of all officials and civil servants must comply with the principle of serving the Ukrainian people. This norm is important as a guideline for current legislation. In this case, the concept of officials is universal by combining both high-ranking politicians and civil servants, in the traditional sense of the word. In most cases, servants of the people do not differ from other subjects of the economy in terms of satisfying their private interests. Therefore, the principle of service implies that evaluating the competence of officials should focus exclusively on their socially useful activities, even though their real motivation may be more selfish. On this basis, citizens are guaranteed the right to sue both the Ukrainian state as a whole and its bodies, and officials.

Article 5
1. The right to determine and change the foundations of the constitutional order in Ukraine shall belong exclusively to the people. It shall not be usurped by the State, its bodies, or officials.
2. The people shall exercise their power directly and through the National Assembly of Ukraine.
3. If a real threat exists to the freedom of the Ukrainian people, the people’s resistance to this threat shall be recognized as legitimate.

Draft Article 5 progresses from the idea that the power of the Ukrainian people, organized into a state (nation), can be exercised either directly by the people (referendum, plebiscite) or through the mediation of the representative bodies of the state. Unlike the current Constitution of Ukraine, the draft does not consider local government bodies that reflect the will of local communities to be a form of democracy. The will of the local community may diverge from the interests of the Ukrainian people and the state as a whole. 
Draft Article 5 also provides for the consolidation of the right of the people to a democratic uprising to protect their freedom. That is why Section Three of Article 5 of the draft contains a provision stating that popular resistance in order to protect civil freedom is recognized as legitimate.
The right to democratic uprising is a classic element of world constitutional culture. For example: Article 20 of the Constitution of the Federal Republic of Germany (1949) provides for the right of citizens to resist anyone who dares to encroach on the democratic order of the country, if other means cannot be used; Article 23 of the Constitution of the Czech Republic (1992) states that citizens have the right to resist encroachments on the democratic principles of human rights and fundamental freedoms if the activities of constitutional bodies or the use of legal means become impossible; Article 120 of the Greek Constitution (1975) obliges citizens to resist any attempt to repeal the Constitution by violent means; Article 32 of the Constitution of Slovakia (1991) states that in the event that the activities of constitutional bodies or the application of legal norms are made impossible, every citizen has the right to resist anyone who dares to encroach on the democratic functioning of human rights and fundamental freedoms. 
A similar right is provided for by Article 54 of the Constitution of Estonia (1992), Article 3 of the Constitution of Lithuania (1992), and more. At the same time, Article 5 of the draft Constitution of Ukraine, as well as the rest of its text, derives from the fact that the authorities of the Crimean Tatar Autonomous Republic belong to the bodies of political government of the Indigenous people of Ukraine. As also stated in draft Article 5, the people exercise their power both directly and through the National Assembly of Ukraine. Accordingly, draft Article 5 is based on the conviction that the interests of local communities may not coincide with national interests. On the other hand, Article 5 of the draft proposes the idea that the parliament can adequately express the power of the people, and not just of the public state authorities, as it is stated in the current Constitution of Ukraine.

Article 6
1. The government of Ukraine shall be carried out on the basis of its division into legislative, executive, and judicial branches. The legislative and executive branches of government shall be autonomous from each other. The judiciary shall be independent of the legislative and executive powers.
2. Bodies of legislative, executive, and judicial power, and their officials, shall exercise their powers within the limits established by this Constitution.
3. The judiciary shall be governed by the will of the people only if it is expressed in the form of law.

Article 6 of the draft Constitution is devoted to the principle of separation of powers. Unlike the current Constitution, the draft states that the legislative and executive branches of government are autonomous from each other. The concept of autonomy in this case is weaker than the concept of independence, but it better corresponds to the essence of the matter. As you know, the complete separation of powers is typical for presidential republics. As for the Ukrainian constitutional model, it is built on the model of a presidential republic, in which the branches of power are not completely separate from each other.
The draft Constitution also contains the idea that the judiciary should be independent of the legislative and executive branches of government. That is to say, the structure of the judiciary is initially introduced in the draft in such a way that the judicial branch should be perceived not just as a simple branch of state power, but as a truly separate power in the state. Thus, it is provided with increased guarantees of independence.
In a state governed by the rule of law, the court is not so much a state as a “supranational” body. After all, it must judge the state itself, while avoiding the position of a judge in their own case. Draft Article 6 emphasizes that the judiciary is guided by the will of the people only if it is expressed in the form of a law. Therefore, the judiciary is forbidden to be an instrument for embodying the political moods of the masses, and it must work exclusively on the basis of law.

Article 7
1. The rule of law shall be recognized and applied in Ukraine. Court decisions shall be made in the name of the law.
2. The Constitution of Ukraine shall have the highest legal force.
3. The norms of the Constitution of Ukraine shall be the norms of direct action. 
4. Appeals to a court for the protection of rights and freedoms directly on the basis of the Constitution of Ukraine shall be guaranteed.

Article 7 of the draft Constitution is devoted to the principle of the rule of law. Unlike Article 124 of the current Constitution, which states that court decisions are made in the name of Ukraine, the draft states that court decisions are made in the name of the Law. The rule of law cannot, strictly speaking, judge itself. According to the logic of the rule of law, the courts must comply with the will of the law and not be an instrument in anyone’s hands. A good practice of constitutional regulation in this case is Article 114 of the Constitution of Moldova (1994), which establishes the administration of justice “in the name of the law.” Critics of this position sometimes argue that judges should be guided not only by the law, but also by unwritten law (ideas of justice, universal principles, constitutional values, etc.). In response to this, the draft Constitution of Ukraine allows judges to use the law in the broad sense of this concept.

Article 8
1. Existing international treaties ratified by the National Assembly of Ukraine shall be part of the national legislation of Ukraine.
2. It shall be prohibited to conclude international treaties that contradict the Constitution of Ukraine.

Article 9
1. The status of languages in Ukraine shall be prescribed by law. The State shall ensure the development and functioning of the Ukrainian language in all spheres of public life throughout the territory of Ukraine.
2. The State shall value and respect the ethno-cultural diversity of Ukraine, guarantee the free development, use and protection of the linguistic, ethnic, cultural, and religious identity of all Indigenous peoples and national minorities of Ukraine.
3. The State shall promote the study and use of languages of international communication.

The draft uses a significantly shorter variant of the article than thecurrent Constitution does in Article 10. Reference to the special status of the Russian language in the current Constitution, and its separation from other languages of national minorities, is hardly justified. On the other hand, the issue of the use of languages should not be subject to strict legal regulation. Language is usually a component of culture, and thus, it belongs to the so-called “culturally sensitive zone” (David Easton). 

Article 10
1. The market economy shall be the embodiment of the principles of economic freedom.
2. Democracy shall be the embodiment of the principles of political freedom.
3. Privacy shall be the embodiment of the principles of personal freedom.
4. Economic, political, and personal freedoms shall not be abolished by anyone. Their exercise may be restricted only on the grounds established by this Constitution.

Article 10 of the draft Constitution is a necessary concretization of the norm on the main purpose of the Constitution of Ukraine, as it is enshrined in Section One of draft Article 2.

Article 11
1. Lawful entrepreneurial initiative shall not be restricted, and freedom to contract shall be guaranteed.
2. The Constitution of Ukraine shall guarantee the free movement of persons, goods, services, and capital.
3. The amount of state and local taxes and fees, as well as the methods of pricing, shall not pose a threat to economic freedom.
4. Trade shall be free.
5. Domestic and foreign investment shall be encouraged.

Article 11 of the draft Constitution ensures the free movement of persons, goods, services, and capital. This formula is a concise expression of the key market ideas for a modern European state. It is an ideological borrowing from the Charter of Fundamental Rights of the European Union of 2000 (2009), which is one of the most important principles of the modern European Union.
As Ludwig von Misses once wrote, if the state were not limited by a constitution, it would eventually abolish the market economy and replace it with an all-encompassing totalitarian socialism. For comparison: Article 228 of the Constitution of South Africa (1996) prohibits national legislatures from imposing taxes and fees that may threaten economic freedom, free cross-border movement of goods, services, capital, and labor.

Article 12
1. Land, subsoil, and other natural resources of Ukraine shall be under the jurisdiction of the Ukrainian state. 
2. Ukraine shall recognize the ownership of the land of the Crimean Tatar people as the Indigenous people of Ukraine.
3. Citizens, other individuals, and legal entities shall have the right use the natural resources of Ukraine in accordance with this Constitution.
3. The right to private property shall be inviolable; ownership of private property promotes individual independence and responsibility. The owner’s charitable actions shall be supported and encouraged by the Ukrainian state. Everyone shall have the right to be a donor and a recipient of charity.
4. All legal owners shall be equal before the Law. All forms of property shall be protected by the Law to the same extent.
5. The right of private ownership of land shall be guaranteed. The right of ownership of land shall be acquired and exercised by the state, physical persons, and legal entities in accordance with this Constitution.

Article 12 of the draft Constitution is the result of a combination of Art. 13 and Art. 14 of the current Constitution, which states that “property entails responsibility” (“власність зобов'язує”). This expression is a copy of the norm of the Basic Law of the Federal Republic of Germany (1949). Whereas this draft states that property “promotes the independence and responsibility of the individual.” Behind this is the well-known Hegelian idea of the role of private property in the life of the individual and society.

Article 13
1. Public life in Ukraine shall be based on the principles of liberal democracy, and political and ideological diversity.
2. Democratic decisions in Ukraine shall be those that were made without the violation of legal procedure(s). A violation of the legal procedure(s)shall be a basis for declaring the decision null and void. 
3. Dictatorship shall not be recognized as long as this Constitution is in force.
4. The rights of political minorities shall be guaranteed. Decisions made on the basis of consensus shall not be overruled by a political majority.
5. The principle of professional requirements shall not apply to the political office.

Article 13 of the draft Constitution is devoted to liberal democracy and political pluralism. It is intended to replace the provisions of Section Two of Article 15 of the current Constitution that “no ideology shall be recognized as mandatory by the State.” But how should we treat the ideology of the Constitution of Ukraine in this case? For similar reasons, the draft removes the provisions of Section One of Article 17 of the current Constitution that ensuring “information security shall be ... a matter of concern for all the Ukrainian people.”

Article 14
1. Freedom of expression (“freedom of speech”) shall be a prerequisite for any politics and law. It shall not be subject to cancellation or restriction by an all-Ukrainian referendum or the National Assembly of Ukraine.
2. Censorship of any kind shall be prohibited.

Enshrined in Article 14 of the draft Constitution, the inviolability of freedom of expression is the embodiment of a modern understanding of the role of information relations. The provisions of draft Article 14 means that freedom of expression cannot be abolished or curtailed by amendments to the legislation. The National Assembly of Ukraine or a referendum may not abolish or restrict freedom of expression for opportunistic reasons.
It is known that the exchange of information in the West is carried out according to rules that resemble the model of the First Amendment to the United States Constitution, which prohibits Congress from passing laws that restrict freedom of speech. Unlike in the United Kingdom, where parliament can restrict freedom of speech by law, the American approach is based on the idea that freedom of speech is superior to national politics or law. First, there must be unfettered freedom of expression, and then policies and laws must be made on that basis. The subjective right to freedom of expression (freedom of speech) is contained in Chapter III of this draft Constitution. Its scope almost coincides with the volume of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950). The purpose of Article 14 of the draft is to emphasize the fundamental nature of this freedom, and to exclude any possibility of its restriction or abolition.
Article 14 of the draft refers to the inviolability of the freedom of human imagination — a classic norm for the political West, enshrined in Section One of Article 11 of the Charter of Fundamental Rights of the European Union of 2000 (2009). Freedom of expression (freedom of speech) appears in the draft Constitution as a pre-political and pre-legal reality. It is a key condition without which neither a liberal democratic regime nor the rule of law is possible.

Article 15
1. Ukraine’s foreign policy shall be aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial cooperation with members of the international community on the basis of international law.
2. Ukraine shall share the principles and values of the European Union.

Article 15 of the draft Constitution is devoted to Ukraine’s foreign policy. The national interests and security of the Ukrainian people are named here as the main goals of the State’s policy. According to the norm, Ukraine follows the path of maintaining peaceful and mutually beneficial cooperation with members of the international community on the basis of international law.
At the same time, the concept of “generally recognized” principles and norms of international law, which is used in Article 18 of the current Constitution of Ukraine, is not used in the draft. According to experts, this concept is still insufficiently defined.

Section II. State Symbols

Article 16
1. The State Emblem of Ukraine, the State Flag of Ukraine, and the National Anthem of Ukraine shall be the state symbols of Ukraine.
2. The State Emblem of Ukraine shall be a golden trident on a blue background. The State Flag of Ukraine shall be a blue and yellow rectangular flag with an aspect ratio of 2:3; The blue stripe shall be located at the top.
3. The National Anthem of Ukraine shall be the anthem “Ukraine Has Not Yet Died.”

The draft Constitution returns to the original version of the national anthem of Ukraine. Draft Article 16 states that the National Anthem of Ukraine is the national anthem “Ukraine Has Not Yet Died.” This change reflects the proper literary form of the anthem and is also a necessary requirement because of attempts of Members of Parliament to refine this classic text, which is hardly justified from the ethical sense.

Section III. Human Rights

Section III of the draft Constitution is entitled “Human Rights,” unlike the current Constitution which distinguishes the rights and freedoms of the individual and the citizen. The draft Constitution uses this approach to implement modern terminology in this area of law. Additionally, this approach allows for not only the protection of individuals, but also individual legal entities. This approach is exemplified in Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), which speaks of freedom of expression as applying not only to individuals, but also to legal entities such as newspapers, other mass media, etc. In addition, Section III of the draft Constitution refers not only to the duties of a person, but also to the corresponding duties of the state and local government bodies.

Article 17
1. Human dignity shall be an inalienable right of every person. The human right to respect for one’s dignity shall be inalienable and inviolable. The State, its bodies, officials, and other subjects of power shall be obliged to respect and protect human dignity.
2. Human dignity shall be the fundamental source of understanding, implementation, and protection of human rights and freedoms enshrined in this Constitution and laws.
3. Everyone shall have the right to be recognized for their uniqueness, value, and significance both for themselves and for society. Everyone shall have the right to protect their dignity and the dignity of others.

Article 17 of the draft is submitted in the wording of the Constitutional Commission of Ukraine (CCU) as of July 15, 2015. Article 17 was proposed by Professor Volodymyr Butkevych.

Article 18
1. The right to freely decide one’s own destiny shall belong to every person.
2. This right shall allow for the free and comprehensive development of the individual, provided that the rights and freedoms of other persons are not violated.

Article 19
1. Every person shall have the inalienable right to life.
2. No one shall be arbitrarily deprived of life, sentenced to death, or executed.
3. It shall be the duty of the State to protect human life. Everyone shall have the right to protect human life and health from unlawful encroachments.
4. In the event of mortal danger, everyone shall have the right to defense of life and property.

Article 20
1. No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Deprivation of liberty in the form of detention, shall not be considered as the humiliation of human dignity.
2. Everyone shall have the right to respect of their physical and spiritual integrity. No one shall be subjected to medical, scientific or any other experiments or experiments without their voluntary consent.
3. The participation of any persons in trials or experiments may be carried out only if the persons are informed in advance about their probable consequences.

Article 21
1. No one shall be held in slavery or servitude.
2. Human trafficking shall be prohibited.
3. Forced labor in any form shall be prohibited, except as provided in this Constitution:
(1) military or alternative service or work; and
(2) service or work performed in accordance with the law on martial law or on a state of emergency, as well as in the event of a natural disaster.

Article 21 of the draft refers to the possibility of using not only civilian service, but also just work as a substitute for military service. 

Article 22
1. Everyone shall have the right to liberty and security of person.
2. No person shall be deprived of their liberty except in circumstances stipulated by law, where there are grounds for lawful arrest or detention, and in the following cases:
(1) bringing a person to the competent court, if there is a reasonable suspicion that they have committed an offense;
(2) there is a reasonable belief in the need to prevent a person from committing an offense or escaping after it has been committed;
(3) failure of a person to comply with a lawful court order or to ensure the fulfillment of a duty established by law;
(4) prevention of the commission of terrorist acts, if there is reasonable suspicion;
(5) prevention of the spread of infectious diseases;
(6) preventing the unauthorized entry of foreigners or stateless persons into the country;
(7) carrying out the legal deportation or extradition of a person;
(8) on the basis of a lawful court decision, applying measures of an educational nature in relation to a minor, or bringing them to the competent authority;
(9) lawful detention on the basis of a court order of mentally ill persons, alcoholics, drug addicts, and vagrants; and
(10) lawful imprisonment of a person after their conviction by a competent court.
3. In the event of an urgent need to prevent or stop a crime, the bodies authorized by law may detain a person as a temporary measure of restraint, the validity of which must be verified by a court within forty-eight hours. If within forty-eight hours from the moment of detention, the detained person has not been served with a reasoned court order for the detention, they shall be released immediately.
4. Everyone who is arrested or detained shall be immediately informed in a language that they understand:
(1) the grounds for deprivation of liberty, the notice of suspicion, or the charges brought against them;
(2) their rights and ability to defend themselves pro se or with the legal assistance of a lawyer;
(3) about their right to initiate proceedings, in which a court must, without delay, confirm and establish the lawfulness of the arrest or detention, and make a decision on their release, if no legal grounds for deprivation of liberty are established.
5. If there are reasonable and lawful grounds for arrest or detention, a person shall be brought promptly before a court and shall be allowed to hear the case within a reasonable time or to be released during the proceedings. Such release may be conditional on guarantees to appear at a court hearing.
6. A person’s arrest or detention shall be immediately reported to their relatives or other close persons, as indicated by the arrested or detained person. The person has the right to make this notification themselves.
7. Every person arrested or detained contrary to the provisions of this Article shall be compensated by the state for the moral and material damage caused.
8. No one shall be deprived of their liberty on the ground of inability to fulfil their contractual duties.

The provision prohibiting imprisonment due to inability to perform contractual duties or obligations is provided for in Article 1 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms (1950).

Article 23
1. Everyone shall have the right to respect for their private and family life, for their home and correspondence, for the protection of personal data, and for anonymity as a user of the Internet and other public information networks.
2. It shall not be allowed to enter a dwelling or other property of a person, nor to conduct an inspection or search therein, unless conducted under the legal grounds of a court order. Search and seizure at night shall be prohibited.
3. Everyone shall have the right to get acquainted with information about themselves contained in and by bodies of state power, local government, institutions and organizations of all forms of ownership, and to refute false information about themselves, to demand its withdrawal, as well as the right to compensation for material and moral damage caused by the collection, storage, use and dissemination of such information.
4. The exercise of these rights shall not be restricted unless the interference is in accordance with law and is necessary in a democratic society in the interests of national security and public safety, for the prevention of disorder or crime, or for the protection of the rights and freedoms of others.

The wording of the Section One of draft Article 23 regarding constitutional guarantees of anonymity for users of the Internet and other public information networks, as well as a special provision on the prohibition of search and seizure at night in Section Two, were adopted by the CCU Working Group as a shorter, alternative, list of grounds that allow restricting the exercise of this right than is in the current Constitution.

Article 24
1. Everyone shall have the right to marry and create a family.
2. Each spouse shall have equal rights and responsibilities in marriage and family.
3. Parents shall be obliged to support and educate their children until they reach the age of majority. Adult children shall be obliged to take care of their disabled parents.
4. Family, childhood, motherhood, and fatherhood shall be protected by the State and the law.

Article 25
1. Children shall be equal in their rights regardless of their origin and whether they are born in or out of wedlock.
2. Children shall have the right to the protection and care necessary for their well-being, to the free expression of their views, and to personal communication with each of the parents, provided that this is not contrary to the interests of the child.
3. Violence against a child, exploitation of a child, and child labor shall be prohibited.
4. The State shall be obliged to maintain and educate orphans and children deprived of parental care, to encourage and support charitable activities for children.
5. The child’s opinion shall be taken into account, depending on the age and maturity of the child.

Article 26
1. Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include the freedom to manifest any religion or not to profess any, to change one’s religion or belief, as well as the freedom to manifest one’s religion or belief in the course of teaching, worship, performance, and observance of religious practices and rituals, either alone or in community with others, whether in public or in private.
2. The freedom to manifest one’s religion or belief shall be subject only to such restrictions that are stipulated by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or for the protection of the rights and freedoms of others.
3. The State shall not recognize a particular religion, belief, or worldview as mandatory or as having precedence over others. The church and religious organizations in Ukraine shall be separated from the State, and public schools shall be separated from the church. No one shall be compelled to participate or not to participate in religious ceremonies or worship.
4. No one shall be relieved of their duties on the grounds of religious or other personal convictions. If the fulfillment of military duty contradicts the religious or other personal beliefs of a person, the fulfillment of this duty shall be replaced by alternative (non-military) service or work.

Article 27
1. Freedom of expression shall be a necessary prerequisite for the power of the people; it cannot be banned or abolished.
2. Everyone shall have the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authorities and regardless of frontiers. This Article shall not prevent the State from introducing licensing of broadcasting and television enterprises.
3. The exercise of this freedom, insofar as it entails duties and responsibilities, shall be subject only to such restrictions that are stipulated by law and are necessary in a democratic society in the interests of national security, territorial integrity, or public safety in order to prevent disorder or crime or the disclosure of restricted information.
4. Freedom of expression in the fields of literature, art, and science shall be free from restrictions.

The European version of freedom of expression is significantly inferior to the First Amendment of the U.S. Constitution (1791) but is better than the wording of Article 34 of the current Constitution of Ukraine. Article 27 of the draft Constitution contains the requirement of Article 13 of the Charter of Fundamental Rights of the European Union 2000 (2009), which establishes additional guarantees of freedom of speech in the fields of science, literature, and art. As stated in the European document, the arts and scientific research are free from restrictions. Respect for academic freedom is guaranteed. The draft Constitution addresses academic freedom in the Article dedicated to the right to education.

Article 28
1. Everyone shall have the right to freedom of peaceful assembly and freedom of association with other persons, including the right to form political parties, other public associations, trade unions and to join them in order to satisfy existing rights, freedoms, and interests.
2. The State shall recognize the right of everyone to organize and participate in peaceful assemblies and shall be responsible for the safety of their conduct. The assembly organizers shall notify the proper state officials of such scheduled assemblies within a reasonable time.
3. Trade unions shall be formed without prior permission or compulsory registration on the basis of free choice of their members. All trade unions shall have equal rights.
4. The formation of political parties and other public associations in Ukraine shall be free, with the exception of those whose programs or activities profess a Nazi, fascist, communist or other totalitarian ideology that denies liberal-democratic values, or which do not adhere to liberal-democratic principles in their activities. Political parties and public associations shall not have armed or paramilitary formations. Only citizens of Ukraine shall be members of national political parties. Funding of political parties and public associations shall be transparent and open.
5. No one shall be forced to join any political party or public association, nor be restricted in rights for belonging or not belonging to them. The State shall not control the activity of political parties and public associations, except for compliance with the requirements of this Constitution in their activities. Prohibition of the activities of political parties and public associations shall be carried out exclusively in a court, as prescribed by law.
6. The provisions of this Article shall not preclude the imposition of the lawful restrictions necessary in a democratic society for persons who are members of lawful armed or paramilitary groups, the police, the judicial, or administrative organs of the State.
7. The exercise of rights under this Article shall not be subject to restrictions, except those established by a court of law and necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or the protection of the rights and freedoms of others.
8. All associations of citizens shall be equal before the law.

Article 28 of the draft Constitution was enriched with a novelty prohibiting the formation of parties professing Nazi, fascist, communist or other totalitarian ideology.

Article 29
1. Citizens shall have the right to participate in the management of State and public affairs, in all-Ukrainian and local referendums, to freely elect and be elected to bodies of state power and bodies of local government.
2. Citizens shall enjoy the right of equal access to the civil service, and to service by localgovernment bodies.

Article 30
1. Everyone shall have the right to competent, impartial consideration of their case within a reasonable time by bodies of state power, local authorities, their officials, and other subjects of power. The exercise of this right by any person shall involve, at minimum:
(1) the right to be received by an appropriate body or authorized official;
(2) the right to provide explanations and documents before and after the adoption of decisions concerning their case;
(3) the right to access documents, materials, and correspondence related to their case, subject to compliance with legal requirements for the protection of restricted information;
(4) the obligation of bodies of state power, bodies of local government, their officials, and other subjects of power to explain the reasons and motives for their decisions.
2. Everyone shall have the right to send individual and collective appeals or personally apply to bodies of state power, bodies of local government, their officials, and other subjects of power, who are obliged to consider the appeal and give a reasoned answer within a reasonable time.
3. Everyone shall have the right to compensation for material and moral damage caused to them by unlawful decisions, actions, or inactions of bodies of state power, bodies of local government, and their officials, in the exercise of their powers.

This right is provided for by Article 41 of the Charter of Fundamental Rights of the European Union 2000 (2009). 

Article 31
1. Everyone shall have the right of access to public information on the activities of bodies of State power and local government, their officials, and other subjects of power. The exercise of this right provides for the possibility of submitting an information request or obtaining information in another way—at the choice of the requester.
2. Bodies of state power and local government, their officials, and other subjects of power shall be obliged to provide information upon request, and to regularly publish information on their activities.
3. The exercise of this right shall be subject only to those restrictions provided for by law and necessary in a democratic society in the interests of national or public security, protection of the rights and freedoms of other persons, prevention of disclosure of information with restricted access, provided that the harm from the disclosure of such information outweighs the public interest in obtaining it.

Article 31 of the draft enshrines the right of individuals and legal entities to access information about the activities of state authorities and local government, and other subjects of power. The right of access to public information is currently provided by legislation in more than 70 countries.

Article 32
1. Everyone shall have the right to education, access to vocational training, and further training.
2. General secondary education shall be compulsory. Complete general secondary education in educational institutions of State and communal ownership shall be free of charge.
3. The State shall ensure the availability of preschool, out-of-school, complete general secondary, vocational, and postgraduate education in educational institutions of State and communal ownership; and as prescribed by law, provide state scholarships to pupils and students.
4. Citizens and other persons equated to them shall have the right to receive higher education free of charge in educational institutions of State and communal ownership on an open competitive basis.
5. Graduates of private educational institutions shall be guaranteed at least the same rights as graduates of State and municipal educational institutions.
6. The State shall ensure the right of citizens belonging to Indigenous communities and national minorities to study in their native language or to study their native language in educational institutions of State and communal ownership, as prescribed by law, or through national cultural societies through the formation of funds and special-purpose programs.
7. Academic freedom, material, financial, and organizational autonomy of universities, regardless of their form of ownership, shall be guaranteed by the Constitution and the law of. Ukraine.

Article 33
1. Every natural or legal person shall have the right to peacefully own, enjoy, and dispose of their property. The right of private property is inviolable. The protection of intellectual property shall be guaranteed by the Constitution and the law of Ukraine.
2. The right to inherit shall be guaranteed to everyone.
3. Citizens shall be permitted to use State and municipal property to satisfy their needs, in accordance with the law of Ukraine.
4. No one shall be deprived of their property except in exceptional cases, in the public interest, on the basis and in accordance with the procedure prescribed by law, subject to prior and full reimbursement of its market value. Eminent domain of such objects with subsequent full reimbursement of their market value shall be allowed only under martial law or a state of emergency.
5. Confiscation of property acquired illegally, nationalization or other forms of forced deprivation of property, and the ability to own, use or dispose of it, shall be determined exclusively by a court, to the extent and in accordance with the procedure established by law or international treaties of Ukraine.
6. Laws of Ukraine regulating the grounds and procedure for compulsory  expropriation of property shall be adopted by at least two-thirds of the constitutional composition of each chamber of the National Assembly of Ukraine.
7. The use of property shall not harm human rights and freedoms, worsen the ecological situation, and the natural qualities of the land.
8. Confiscation of property acquired lawfully shall be prohibited. 

The updated version of the norm is close to the requirements of Art. 1 of the Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms of March 20, 1952, as amended by Protocol No. 11. In addition, draft Article 33 provides for preliminary and full reimbursement of the market value of forcibly expropriated objects. This approach was chosen in Art. 25 of the Constitution of the Republic of South Africa (1996) which requires, in the case of expropriation of private property, to take into account the history of acquisition of this property and its market value.

Article 34
1. Everyone’s right to housing shall be protected by this Constitution and the law. No one shall be forcibly deprived of housing except by a court order, in accordance with the law.
2. The State shall create the necessary conditions under which everyone has the right to build, purchase, or lease housing.
3. Citizens in need, for reasons beyond their control, shall be provided with housing by the State or local government authorities, free of charge, or for a fee that is affordable to them.

Article 35
1. Everyone shall have equal constitutional rights and fundamental freedoms and shall be equal before the law. The grounds and procedure for granting Ukrainian citizenship shall be established by law.
2. A citizen of Ukraine shall not be deprived of citizenship and of the right to change citizenship.
3. A citizen of Ukraine shall not be expelled from Ukraine or extradited to a foreign state. An exception to this rule may be provided for by law or through Ukraine’s international obligations, provided that the rule of law is consistently observed.
4. Citizens of Ukraine who are abroad shall be permitted to freely return to Ukraine at any time.
5. The State shall also guarantee care and protection to citizens of Ukrainewho are travelling or staying abroad.

Article 36
1. Foreigners and stateless persons shall be granted refugee status or asylum in accordance with Ukraine’s international obligations, and in accordance with the procedures established by law.
2. Collective expulsion of foreigners shall be prohibited.
3. Foreigners and stateless persons staying in Ukraine legally shall enjoy the same rights and freedoms and bear the same duties as citizens of Ukraine, except in circumstancesstipulated by the Constitution of Ukraine and in international treaties that Ukraine is a party to.
4. Foreigners may be expelled from Ukraine only on legal grounds. At the same time, they shall have the right to:
(1) to give reasons against their expulsion;
(2) request a trial of their case;
(3) appear before a body or official authorized to resolve such an issue.
5. A foreigner may be expelled even before they have exercised the rights provided for in Clauses 1, 2, 3 of Section Four of this Article, if their expulsion is strictly necessary in the interests of ensuring national security or public order.
6. No one shall be transferred, extradited, or expelled to a State in which the death penalty has not been abolished or there is a real risk that they will be subjected to torture or other inhuman or degrading treatment or punishment.

Article 36 of the draft Constitution is devoted to the basics of the constitutional status afforded foreigners and stateless persons legally staying on the territory of Ukraine. This Article incorporates important provisions of Article 4 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) as amended by Protocol No. 11. Specifically, the prohibition on collective expulsion of foreigners. Draft Article 36 also contains the requirement of Article 1 of Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms concerning procedural guarantees of the rights of foreigners and stateless persons. Enshrining these guarantees in the Constitution is important, since the number of foreign citizens in Ukraine is constantly increasing.

Article 37
1. The enjoyment of the rights and freedoms recognized in this Constitution and the laws of Ukraine shall be ensured without discrimination on the grounds of sex, race, skin color, ethnic or social origin, genetic characteristics, religion or belief, political and other views, membership of indigenous peoples and national minorities, marital and property status, gender identity, origin, disability, age, place of residence, sexual orientation, or other characteristics.

Article 38
1. Equality of the rights of women and men shall be ensured in all spheres of society, including employment, labor relations, and remuneration.
2. The State shall be obligated to support equal rights and opportunities for women and men by all available means.

Article 39
1. Citizens and other persons equated to them by law shall have the right to social protection, including the right to financial security in case of complete, partial, or temporary disability, loss of principal wage-earner, unemployment due to circumstances beyond their control, old age, and in other circumstances prescribed by law.
2. This right shall be guaranteed by compulsory social insurance, and by establishing a network of state, municipal, and private institutions that care for incapacitated or disabled persons.
3. Pensions and other types of social payments and assistance which are the principal sources of subsistence, shall ensure a standard of living not lower than the minimum living standard established by law.
4. The State shall provide representatives for the most vulnerable groups of the population with guarantees to ensure their independence, social and professional integration, and participation in public life.

Article 40
1. Everyone shall have the right to work and to professional activity which they freely choose or to which they freely agree.
2. Everyone who is employed shall have the right to proper, safe, and healthy working conditions, to fair and timely remuneration, to daily and weekly rest periods, and to annual holidays with pay, and to labor negotiations and collective bargaining.
3. The State shall ensure legislative regulation of labor relations, provide measures to overcome unemployment, promote the creation of new jobs, and guarantee equal opportunities in the choice of profession and employment.
4. The employment of women and minors for work hazardous to their health shall be prohibited.
5. The State shall guarantee protection from unlawful dismissal.
6. Young people shall be provided with appropriate working conditions in accordance with their age and shall be protected from economic exploitation and labor that may adversely affect their safety, health, physical, spiritual, or social development or impede their education.

Article 41
1. Everyone shall have the right to participate in collective actions, including the right to strike, for the protection of subjective rights, freedoms, and interests, as prescribed by the Constitution and laws of Ukraine.
2. The procedure for exercising the right to strike shall be established by law.
3. No one shall be forced to participate or not to participate in a strike.
4. Restrictions on the exercise of the right to strike shall be permitted only under circumstances established by law, in accordance with a court decision, if it is necessary in a democratic society in the interests of national or public security, for the prevention of disorder or crime, or for the protection of the health of others.

Article 42
1. Everyone shall have the right to entrepreneurial activity without the need to obtain permission from bodies of state power, bodies of local government, and their officials, unless otherwise provided by this Constitution and the law.
2. The State shall ensure the development of entrepreneurial activity aimed at increasing the well-being of Ukraine.
3. The right to entrepreneurial activity by certain persons, as stipulated by law, may be restricted to ensure the incompatibility requirements of their position are not breached.
4. The State shall support and protect fair competition and freedom of contract, and shall guarantee the free movement of persons, goods, services, and capital.
5. Abuse of monopoly position in the market, unlawful restriction of competition, and unfair competition shall be prohibited. The conditions for carrying out entrepreneurial activity of entities occupying a monopoly position in the market shall be in accordance with the Constitution and the laws of Ukraine.
6. Everyone’s investment activity shall be encouraged by the State and protected by the Constitution and the laws of Ukraine. A foreign investor shall be guaranteed the export of profits and invested capital.

Article 43
1. The State shall introduce measures to increase the level of protection of consumer rights, establish requirements, and exercise control over the quality and safety of products and all types of goods and services.
2. Unfair business practices in relations with consumers shall be prohibited.
3. Consumers of products, goods, services, and works shall have the right to adequate and truthful information to protect their health and economic interests, and to ensure their safety, freedom of choice, and collective action to protect their rights.

Article 44
1. Everyone shall have the right to access to medical care and services that they require for health reasons.
2. The State shall guarantee everyone the provision of a minimum amount of free medical services and care in emergency circumstances, as prescribed by law.
3. Everyone who needs examination or treatment, but is unable to pay their cost, shall have the right to credit concessional assistance from the State or local government authorities.
4. The guaranteed minimum of free medical services received at the expense of the State or bodies of local government shall be established by law.
5. The State shall introduce its own health insurance systems and promote non-State health insurance systems. Everyone shall have the right to freely choose a health insurer.
6. The State shall implement programs of preventive measures, take care of the development of physical culture and sports, and ensure sanitary and epidemic welfare.

Article 45
1. Everyone shall have the right to an environment that is safe for life and health, and to compensation for damage caused by violation of this right.
2. The State shall take care to prevent the spread of dangerous viruses, toxins, and pathogens on its territory.
3. Everyone shall have the right to access information on the state of the environment, the quality of water, food, medicines, products of biotechnological origin, household items, as well as to its free dissemination. Such information shall not be made classified by anyone.

Article 46
1. Everyone who is lawfully present on the territory of Ukraine shall have the right to move freely, free choice of place of residence, and to leave it freely.
2. Everyone shall have the right to enjoy their rights and freedoms, regardless of where in Ukraine they live or temporarily stay.

Article 47
1. Human rights and fundamental freedoms shall be inalienable and inviolable. The human rights and freedoms enshrined in this Constitution shall not be exhaustive.
2. Constitutional rights and freedoms shall be guaranteed and shall not be abolished by anyone.
3. Legal persons shall have the rights and freedoms enshrined in this Constitution, insofar as this does not contradict the nature of the relevant right.
4. When introducing amendments to the Constitution of Ukraine, adopting new laws, or introducing amendments to existing laws, it shall be prohibited to narrow the content and scope of existing constitutional rights and freedoms.
5. Everyone shall have the right to protect their rights and freedoms from violations and unlawful encroachments.

Article 48
1. Everyone shall have the right to effective protection of their violated rights, freedoms, and interests by a court.
2. Everyone shall have the right to a fair and public hearing within a reasonable time by an independent, impartial, and competent tribunal established by law, which, by virtue of the Constitution and the law of Ukraine, shall decide a dispute concerning a person’s rights, freedoms, and duties, or establish the validity of any charge against them.
3. Every person accused of a criminal offence shall have the right to a trial by jury.
4. A judgment shall be pronounced publicly, but the media and the public may be excluded from the courtroom during the trial, or part thereof, in the interests of public order or national security in a democratic society, if the interests of juveniles or the protection of the private life of the parties so require, or, to the extent deemed strictly necessary by the court, when, in special circumstances, publicity of the proceedings would prejudice the interests of justice.
5. Every person accused of a criminal offence shall have at least the following rights:
(1) to be informed promptly and in detail, in a language they understand, of the nature and grounds of the accusation against them;
(2) have the time and facilities necessary to prepare their defense;
(3) to defend oneself personally or to avail oneself of legal assistance of counsel of one's own choosing, or, in the absence of sufficient funds to pay for the legal assistance of counsel, to receive legal aid free of charge when their interests and the interests of justice so require;
(4) to cross examine witnesses for the prosecution or to request that they be examined, and to request that witnesses for the defense be called and examined under the same conditions as witnesses for the prosecution;
(5) if they do not understand the language used in court or do not speak it, receive the free assistance of an interpreter.
6. Everyone shall be guaranteed the right to appeal in court against decisions, actions, or inaction of bodies of state power, bodies of local government, and their officials.
7. Everyone shall have the right to file a constitutional complaint with the Constitutional Court of Ukraine on the grounds prescribed by this Constitution and in accordance with the procedures established by the law of Ukraine.
8. Anyone that has been convicted of a crime shall have the right to have their conviction and sentence reviewed by a higher court in accordance with the law.
9. In the event of reversal or revocation of a court verdict as unjust or wrongful, the State shall compensate for material and moral damage caused by a groundless conviction.
10. After exhausting all domestic legal instruments, everyone shall have the right to apply for the protection of their violated rights and freedoms to international judicial institutions whose jurisdiction is recognized by Ukraine.

Article 49
1. A person shall be presumed innocent of committing a criminal offence and shall not be subjected to criminal punishment until their guilt is proved in accordance with the law and established by a court decision that has entered into force.
2. No one shall be obliged to prove their innocence of committing a criminal or administrative offense.
3. An accusation shall not be based on evidence obtained in violation of the law or on assumptions. All doubts in regard to the proof of a person’s guilt shall be interpreted in their favor. Evidence obtained in violation of the law shall not be used as a basis for a court decision.

Article 50
1. No one shall be obliged to carry out criminal orders or rulings.
2. Issuing and executing a criminal instruction or order shall entail legal liability.

Article 51
1. No one shall be brought to trial or punished a second time in criminal proceedings for an offence for which they have already been acquitted or convicted in accordance with the law.
2. The retrial of a case, in accordance with the law and criminal procedure, shall be possible only on the basis of new or newly discovered facts or in the determination of significant shortcomings in the previous trial, which affected the results and consideration of the case.

Article 52
1. A person shall not bear responsibility for refusing to provide testimony or explanations about themselves, their family members, or close relatives, the scope of which shall beestablished by law.
2. A convicted person shall enjoy all rights and freedoms, with the exception of restrictions provided by law and established by a court verdict.

Article 53
1. Everyone shall be guaranteed the right to know their rights and duties.
2. Laws and other normative legal acts that regulate human rights, freedoms, and duties shall be brought to the attention of the population in accordance with the procedure established by law.
3. Laws and other normative legal acts that determine the rights, freedoms, and duties of a persons, which are not brought to the attention of the population in accordance with the procedure established by law, shall be null and void.

Article 54
1. Laws and other normative legal acts shall have no retroactive force, except where they mitigate or nullify the responsibility of a person.
2. No one shall be held liable for acts that, at the time of their commission, were not recognized by law as an offense.
3. This Article shall not preclude the trial and punishment of any person for any act or omission which, at the time it was committed, constituted a crime or a criminal offence in accordance with the general principles of law recognized by the international community.

Article 55
1. Everyone shall have the right to legal aid. Everyone shall be free to choose the legal representative or defender of their rights. In cases stipulated by law, legal assistance shall be provided free of charge.
2. Pre-trial investigation bodies, the public prosecutor, and the courts shall be prohibited from arbitrarily interfering with a person's choice of legal representative or defender of their rights, and from impeding their participation in the case.
3. Anyone whose case is not considered by a court may apply for the protection of their rights to the Ukrainian Parliament Commissioner for Human Rights.
4. The content of a person’s communication with their legal representative or defender of their rights shall be confidential, as protected by law.

Article 56
1. Restrictions on the exercise of constitutional rights and freedoms shall be imposed only in circumstances stipulated by the Constitution of Ukraine.
2. All possible restrictions on the exercise of the rights and freedoms established by this Constitution shall:
(1) be necessary in a democratic society;
(2) be provided for by law;
(3) exactly correspond to the goals for which they are introduced to achieve.
3. Under the conditions of martial law or a state of emergency, the law may establish certain restrictions on the exercise of rights and freedoms, indicating the duration of these restrictions. The exercise of the rights and freedoms provided for in Articles 17, 19, 20, Section One and Two of Article 21, Articles 22, 24, 25, 30, 31, 34, 35, 37, 38, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, Section One of Article 57, Section One of Article 58, and Article 60 of the Constitution of Ukraine shall not be restricted.

Article 57
1. The right to defend the Ukrainian people and the Ukrainian state shall belong to everyone. 
2. Protection of the Motherland, independence, and territorial integrity of Ukraine, shall be the duty of the citizens of Ukraine.
3. Citizens shall perform military service in accordance with the law.

Article 58
1. Everyone shall be obliged to pay taxes and fees in the manner and to the extent established by law.
2. The amount of taxes and fees shall not pose a threat to the economic freedom of the Ukrainian people, the market principles of the economy of Ukraine, nor encroach on human rights and fundamental freedoms.

Article 59
1. Everyone shall be obliged to strictly adhere to the Constitution and laws of Ukraine. Ignorance of the laws shall not exempt from legal responsibility.

Article 60
1. None of the rights and freedoms enshrined in this Constitution shall be interpreted contrary to its essence or as granting the right to engage in any activity or perform any action aimed at abolishing constitutional rights and freedoms or restricting their exercise to a greater extent than the Constitution of Ukraine allows.
2. It shall be forbidden to bring a person to legal liability of one type if there are obvious grounds for bringing them to legal liability of another type.
3. It shall be prohibited to abuse restrictions on the exercise of rights and freedoms provided for by this Constitution in order to achieve goals other than those for which these restrictions were established.

Section iv. Civil Society

Articles 61-65 of the draft Constitution are devoted to the constitutional status of civil society in Ukraine. The presence of this section in the Constitution is due to the fact that Ukraine is a post-totalitarian republic. The experience of totalitarianism swept through the world like a wave, becoming perhaps the greatest political temptation of the last century. Ukraine has paid a high price as a consequence of living under dictatorship, including denial of the market, and lack of freedom. Therefore, the section on civil society in the draft Constitution is dictated by the country's historical experience. In order not to fall ill with dictatorship again, society must create and maintain appropriate mechanisms.
Freedom is protected not only in Article 2 of the draft Constitution. Civil freedom is also guarded by Article 4 (responsibility of the state to society), Article 10 (market, economic freedom), and Article 11 (entrepreneurial initiative, freedom of contract).

Article 61
1. Civil society shall be a self-aware, self-governing, non-state unit of the Ukrainian people. The activities of civil society in Ukraine shall be based on the principles of freedom, private property, variability in the accumulation and spending of social resources, political and ideological pluralism, tolerance, and non-interference by the State.
2. The reasonable interests of individuals and private legal entities shall be protected by this Constitution and the law.
3. The activity of parties, civil movements, and other civil society organizations shall not be controlled by the Ukrainian state, with the exception of requiring compliance with the Constitution and the laws of Ukraine.

Article 62
1. The activity of State bodies, local government, and their officials shall be accountable to civil society. For this purpose, any public associations of citizens or civil society organizations may be established.

Article 63
1. State bodies, bodies of local government, and their officials shall be prohibited from arbitrarily and unreasonably interfering in civil activities.

Article 64
1. Preservation of State or other secrets protected by law shall be the prerogative of specially authorized persons. All other persons shall not be liable for the disclosure of State or other secrets protected by law.
2. The types of information that require restricted access shall be stipulated by law.
3. Classification of the information requiring restricted access may last longer than thirty years.
4. Illegal and unlawful activities of the Ukrainian State, its bodies, and officials, as well as bodies of local government, their officials, and other subjects of power shall not be considered State or other secrets protected by law.
5. Information about a person who is nominated, elected, or chosen to a State or other public position in terms of their functions and powers shall be socially significant and such information shall be provided upon request.

Article 65
1. Any monopoly on the ownership of mass media and telecommunications shall be prohibited.

Article 66
1. Political, religious, artistic, or other individual or community preferences shall not be subject to incentives or restrictions by the State.

Section V. Environmental Safety

This section is necessary given that the environmental safety of Ukraine is a matter of strategic importance and substance. Furthermore, compliance with environmental standards is required by the European Union, and can be found in the constitutional documents of many other states. For example, the Constitution of Brazil (1988) contains a section entitled “Environment.” In 2004, the Constitution of France (1958) was supplemented by the “Charter on the Environment,” which brought to the level of fundamental constitutional principles such rights of citizens as the right to a safe environment, the right of access to information about the ecological state of the environment, etc.
The draft Constitution of Ukraine does not refer to the Chornobyl disaster, but its consequences are still felt in Ukraine. The environmental theme is present in many international agreements signed on behalf of Ukraine, and environmental clean-up of Ukrainian territory is one aspect of Ukraine's foreign policy obligations.

Article 67
1. Everyone shall have the right to live in a healthy and favorable environment.
2. Ensuring ecological safety, maintaining ecological balance on the territory of Ukraine, and preserving the gene pool of the Ukrainian people shall be the duty of the state.
3. Environmental standards shall be established by law.
4. Any large-scale economic project may be implemented only under the condition of a preliminary positive conclusion of an independent environmental expert examination.

Article 68
1. Everyone shall have the right to participate in the development and adoption of decisions concerning the existing ecological state, and protection and preservation of the environment.
2. Everyone shall be guaranteed free access to legislation concerning the existing ecological state, and protection and preservation of the environment.

Article 69
1. An independent environmental expert examination of economic, industrial, or any other technical and scientific objects, that certifies the state of the object’s environment to be dangerous to human life and health, shall be paid for at the expense of the owner of these objects.
2. Environmental expert examination shall not be refused if it has sources of funding independent of the authorities.

Article 70
1. Every victim of environmental pollution that is of an artificial origin shall have the right to judicial or other fair compensation for the damage caused to them.

Section VI. Elections and Referendums

Article 71
1. The will of the people shall be expressed through referendum, fair,free, and regular elections, and through other forms of democracy.
2. It shall be prohibited to hold elections and referendums during martial law or a state of emergency.

Article 72
1. Citizens of Ukraine who have reached the age of eighteen shall have the right to vote at elections and referendums.
2. Citizens who have been declared legally incapacitated by a court shall not have the right to vote.

Article 73
1. Elections to bodies of state power and bodies of local government shall be free and held on the basis of universal, equal, and direct suffrage by secret ballot.
2. Voters shall be guaranteed freedom from political and administrative coercion, and any pressure or intimidation.
3. Procedures for elections and referendums in Ukraine shall be established by the Constitution and the laws of Ukraine.
4. Citizens of Ukraine shall have the right to remain politically neutral. 

Article 74
1. An all-Ukrainian referendum may be called by the National Assembly of Ukraine, or by the President of Ukraine in accordance with this Constitution.
2. The holding of an all-Ukrainian referendum on the initiative of the National Assembly of Ukraine or the President of Ukraine shall be paid for by the State.
3. An all-Ukrainian referendum may resolve issues within the competence of the National Assembly of Ukraine and the Government of Ukraine, unless restricted by this Constitution.
4. An all-Ukrainian referendum on a popular initiative shall be proclaimed by the President of Ukraine at the request of at least three million citizens of Ukraine who have the right to vote, provided that signatures in support of the referendum are collected in at least two-thirds of the regions, and the Crimean Tatar Autonomous Republic, and at least one hundred thousand signatures in each region, and the Crimean Tatar Autonomous Republic.
5. The holding of an all-Ukrainian referendum on a popular initiative shall be paid for at the expense of the State or at the citizens’ own expense.
6. It shall be prohibited to hold a referendum for personal appointments and removal from office, and for the adoption of draft laws on taxes, budgets, and amnesty.
7. It shall be prohibited to hold referendums on issues within the competence of the judiciary.
8. It shall be prohibited to hold referendums during the procedure of impeachment of the President of Ukraine.

Article 75
1. An all-Ukrainian referendum shall approve the adoption of this Constitution, as well as amendments to Chapter I and Chapter XVI of the Constitution of Ukraine.
2. The issue of changing the territory of Ukraine shall be resolved exclusively by an all-Ukrainian referendum.
3. Resolutions adopted at an all-Ukrainian referendum shall not be changed or cancelled by the National Assembly of Ukraine existing at the time of its convocation.

Article 76
1. The referendum of the Crimean Tatar Autonomous Republic and local referendums shall be recognized in Ukraine.

Chapter VII. National Assembly of Ukraine 

The main purpose of Articles 77 – 107of the draft Constitution are to introduce a bicameral parliament in Ukraine, the National Assembly of Ukraine. The Chamber of Regions (upper house), embodies the political representation of the regions: 24 regions, the Crimean Tatar Autonomous Republic, and a separate capital district—the city of Kyiv. The Chamber of Regions consists of senators elected by regional councils, the Council of the Crimean Tatar Autonomous Republic, and the Kyiv City Council. Former presidents of Ukraine are also ex officio members of the Chamber of Regions unless they left office due to impeachment.
The Chamber of Deputies (lower house) is elected by the citizens of Ukraine consisting of 200 deputies on the basis of equal, direct, and universal suffrage by secret ballot. The National Assembly of Ukraine shall work in sessions. They pass laws, resolutions, declarations, appeals, etc. All issues within the competence of the National Assembly of Ukraine shall be resolved at separate or joint sittings of their chambers.
A bicameral parliament in no way abolishes the socio-cultural differences between the population of eastern and western Ukraine, but it can allow the country to develop harmoniously. The upper house of the National Assembly of Ukraine embodies the connection between the legislative and executive branches of power—as a result, strengthening the influence of the west and the center of Ukraine on the formation of the Government of Ukraine. Following the example of the Senate (the upper house of the U.S. Congress), the Chamber of Regions of the National Assembly of Ukraine,is the body that confirms any appointments by Ukraine’s President of nominees to the Government of Ukraine, judges of the Constitutional Court of Ukraine, etc.
Bicameral parliaments operate in unitary countries such as Poland, Italy, Japan, Spain, the Netherlands, Romania, France, Croatia, the Czech Republic, the Philippines, and Ireland. In general, most legislative assemblies in old democracies are bicameral, regardless of the form of government (e.g., Great Britain, France, Italy, USA, and Switzerland). 

Article 77
1. The sole legislative authority in Ukraine shall be the Parliament, i.e., the National Assembly of Ukraine.
2. The National Assembly of Ukraine shall act within the limits of authority prescribed by this Constitution and in accordance with the procedures established by the law of Ukraine.
3. The order of convocations of the National Assembly of Ukraine shall be established in accordance with the order of elections to the Chamber of Deputies of the National Assembly of Ukraine.

Article 78
1. The National Assembly of Ukraine shall consist of two chambers: the Chamber of Regions (upper house) and the Chamber of Deputies (lower house).
2. The Chamber of Regions shall consist of ex officio senators, as well as senators elected by the Council of the Crimean Tatar Autonomous Republic, regional councils, and the Kyiv City Council, for a term of six years. To be elected to the position of senator, a candidate shall receive a majority of votes from the constitutional composition of the Council of the Crimean Tatar Autonomous Republic, the relevant regional council, or the Kyiv City Council.
3. Three senators are elected from the Council of the Crimean Tatar Autonomous Republic to the Chamber of Regions, and two senators from each regional council, and two from the Kyiv City Council.
4. Senators are elected, respectively, from among the deputies of the Council of the Crimean Tatar Autonomous Republic, regional councils, and the Kyiv City Council.
5. Senators ex officio are persons who, on the basis of Section Two of Article 111 of this Constitution retained the title of the President of Ukraine.
6. Every two years, one-third of the senators of the National Assembly of Ukraine, with the exception of the Chairman of the Chamber of Regions and exofficio senators, shall be re-elected by rotation.
7. The Chairman of the Chamber of Regions and ex officio senators shall not be subject to rotation.
8. The Chamber of Deputies of the National Assembly of Ukraine shall be elected by the citizens of Ukraine consisting of two hundred deputies for a term of four years.

The election of senators is by councils, rather than by the population directly. Thus, the senators are representative of local, political, economic, and cultural elite, rather than the interests of specific voters within the regions of Ukraine. 
Draft Article 78 states that future senators should first become Deputies of the relevant regional councils, the Council of the Crimean Tatar Autonomous Republic, or the Kyiv City Council. That is, they must pass the electoral filter at the local level. Likewise, the norm that former presidents of Ukraine are senators for life does not contradict other foreign experiences. For example, former presidents of France automatically become members of the Constitutional Council (Article 56 of the French Constitution), and former presidents of Italy become senators for life (Article 59 of the Italian Constitution).

Article 79
1. A citizen of Ukraine who has reached the age of thirty on the day of election, has the right to vote, and has resided in Ukraine for the last five years before the election day, may be a senator of the National Assembly of Ukraine.
2. A citizen of Ukraine who has reached the age of twenty-one on election day, has the right to vote, and has resided in Ukraine for the last five years preceding election day, may be a Deputy of the National Assembly of Ukraine.
3. A citizen who has a criminal record for committing an intentional crime may not be a senator or deputy of the National Assembly of Ukraine, if this conviction has not been expunged or removed in accordance with procedures established by law.
4. The powers of senators and deputies of the National Assembly of Ukraine shall be prescribed by this Constitution and the law.

Article 80
1. Regular elections to the Chamber of Deputies shall be held on the last Sunday of the last month of the fourth year of authority of the National Assembly of Ukraine.
2. Regular elections to the Chamber of Regions shall be held during the last five days of the last month of every second year of authority of the National Assembly of Ukraine.
3. Extraordinary elections to the National Assembly of Ukraine shall be called by the President of Ukraine and shall be held within sixty days from the date of publication of the decree on the early termination of powers of the National Assembly of Ukraine.

Draft Article 80 says that the election of senators should be held in the relevant regional councils within five days. This is due to the fact that there may be difficulties with holding elections to the Chamber of Regions of the National Assembly of Ukraine on one day common to all regions.

Article 81
1. Senators and deputies of the National Assembly of Ukraine shall exercise their powers on a full-time basis.
2. Senators and deputies of the National Assembly of Ukraine shall not have another representative mandate, be involved in civil service, hold another paid position, undertake other paid or entrepreneurial activities (except for teaching, research, or creative activities), or be a member of the governing body or supervisory board of an enterprise or a for-profit organization.
3. Incompatibility requirements regarding the senatorial or deputy mandate with other types of activity shall be established by law.
4. Should any circumstances arise that constitute breach of the incompatibility requirements of the senatorial or deputy mandate with other types of activity, the senator or deputy shall, within twenty days from the date of commencement of such circumstances, cease activities incompatible with the mandate or resign from their position as senator or deputy.

Article 82
1. Before assuming office, senators and deputies of the National Assembly of Ukraine shall take the following oath: “I swear allegiance to the Ukrainian people. I pledge to defend the sovereignty and independence of my Motherland and commit myself to the freedom and prosperity of the Ukrainian people. I swear to abide by the Constitution and laws of Ukraine, to carry out my duties in the interests of all fellow citizens.”
2. Refusal to take the oath shall result in deprivation of the mandate as a senator or deputy of the National Assembly of Ukraine.
3. The authority of senators and deputies of the National Assembly of Ukraine shall commence immediately upon taking the oath.
4. Senators and deputies shall be sworn in by the Chairpersons of the Chambers of the National Assembly of Ukraine or by the eldest senator or deputy.

Article 83
1. Senators and deputies of the National Assembly of Ukraine shall not be legally liable for the results of voting or for statements made in the Parliament and its bodies.
2. An imperative mandate for senators and deputies shall not be recognized.
3. During the sessions of the National Assembly of Ukraine, senators and deputies may not be arrested or detained without the consent of the respective Chamber, except when the arrest or detention of a senator or deputy occurs at or immediately after the commission of a crime.
4. The National Assembly of Ukraine shall be prohibited from making decisions on changing the amount of the salaries for the current composition of senators and deputies of the National Assembly.

Article 84
1. The powers exercised by individual senators and deputies shall not be considered identical to the duties of the Chambers of the National Assembly of Ukraine.
2. When the term of the National Assembly of Ukraine expires, the Chambers shall continue their duties until the day of the first meeting of the first session of the National Assembly of Ukraine of the next convocation.
3. In the event of premature dissolution of powers of the National Assembly of Ukraine, the Chambers shall cease their work on the day the decree of the President of Ukraine is published, terminating of powers of the National Assembly of Ukraine.
4. In the event of termination of powers of the National Assembly of Ukraine or rotation of its upper house, the powers exercised by senators and deputies subject to re-election, shall continue until the newly elected senators and deputies take the oath.
5. The powers of a senator or deputy of the National Assembly of Ukraine shall be subject to premature termination in the event of:
(1) their resignation through a personal statement;
(2) a guilty verdict against them is entered into legal force;
(3) a court declaring them as incapacitated or missing;
(4) termination of their citizenship or if they depart for permanent residence abroad;
(5) failure of the senator or deputy to remedy the circumstances causing a breach in the incompatibility requirements of their mandate with other activities within twenty days after the commencement of such circumstances;
(6) death.
6. A decision regarding the premature termination of the power of senator or a deputy in the cases prescribed by Clauses 1 and 4 of Section Five of this Article shall be made by the relevant chamber of the National Assembly of Ukraine, and in the case prescribed by Clause 5 of Section Five of this Article, by a court.
7. In the event that a guilty verdict convicting a senator or deputy of the National Assembly of Ukraine, enters into legal force, or if a senator or deputy is declared incapacitated or missing, their powers shall be terminated on the date the relevant court decision enters into force, and in the event of the death of a senator or deputy, from the date of death as confirmed by the death certificate.
8. The powers of a senator or a deputy of the National Assembly of Ukraine who took office by way of replacement shall be preserved until the expiration of the mandate of the senator or deputy who resigned ahead of schedule.

Article 85
1. The National Assembly of Ukraine shall work in sessions.
2. The National Assembly of Ukraine shall be legally constituted if at least two-thirds of the constitutional composition of each chamber has been elected.
3. In the event of premature dissolution of powers of the National Assembly of Ukraine, plenary sessions of the chambers shall be terminated on the day the President of Ukraine’s decree to terminate parliamentary powers is published.
4. The National Assembly of Ukraine shall convene for its first session no later than the tenth day after the official announcement of the National Assembly of Ukraine election results.
5. The first meeting of the newly elected National Assembly of Ukraine shall be held in the form of a joint session of the chambers, which shall be opened by the eldest senator or deputy.

Article 86
1. Regular sessions of the National Assembly of Ukraine shall commence on the first Tuesday of February and the first Tuesday of September each year.
2. Extraordinary sessions of the National Assembly of Ukraine shall be convened, presenting the agenda, by the Chairman of the Chamber of Regions, at the request of the President of Ukraine or by at least one-third of the constitutional composition of the Chamber of Regions or the Chamber of Deputies.
3. If the President of Ukraine adopts a decree introducing martial law or a state of emergency in Ukraine or in certain areas of Ukraine, the National Assembly of Ukraine shall convene for a plenary session within forty-eight hours without convocation.
4. In the event that the term of office of the National Assembly of Ukraine expires during martial law or a state of emergency, its chambers shall continue to exercise their powers until the day of the first meeting of the first session of the National Assembly of Ukraine elected after the cancellation of martial law or a state of emergency.
5. In the event that the term of office of the National Assembly of Ukraine is meant to expire or the rotation of its upper chamber is supposed to occur during martial law or a state of emergency, the exercise of powers of senators and deputies of the National Assembly of Ukraine who are subject to re-election or rotation shall continue until the senators and deputies elected to the National Assembly of Ukraine take the oath after the cancellation of martial law or a state of emergency.
6. The procedure for the operation of the National Assembly of Ukraine shall be established by the Constitution of Ukraine, the Law on the Rules of Procedure of the National Assembly of Ukraine, and other laws.

Article 87
1. The National Assembly of Ukraine shall decide on issues at joint and separate meetings of the Chambers, but each Chamber shall carry out voting separately.
2. Joint meetings of the Chambers of the National Assembly of Ukraine shall be presided over by the Chairpersons of the Chambers or their deputies in turn. The first joint meeting after the election of the Chairpersons of the Chambers shall be chaired by the Chairman of the Chamber of Regions.
3. Meetings of the Chambers of the National Assembly of Ukraine shall be open. Closed meetings may be held subject to a decision of the majority of the constitutional composition of the respective chamber.
4. Decisions of the National Assembly of Ukraine shall be adopted exclusively at its plenary meetings by voting.
5. Voting shall be carried out, in person, by a senator and a deputy. A vote cast by a senator or deputy on behalf of another senator or deputy shall be deemed invalid.

Article 88
1. The competence of the National Assembly of Ukraine shall be exercised through the joint and exclusive powers of the Chambers.
2. The joint powers of the Chambers of the National Assembly of Ukraine shall be exercised through the adoption of decisions by the Chamber of Deputies, which are subject to further consideration and approval or rejection by the Chamber of Regions.
3. In cases prescribed by this Constitution, the joint powers of the Chambers of the National Assembly of Ukraine may be exercised by allowing senators and deputies to adopt functionally different decisions, but which are aimed at achieving a single result.
4. The exclusive powers of the Chambers of the National Assembly of Ukraine shall be exercised through the adoption of independent decisions by each of the Chambers.

Bicameral parliaments differ depending on whether their chambers are equal. In most cases, the chambers have the same rights to consider and pass laws. In the United States, draft laws (“bills”) are allowed to be introduced in either chamber of Congress. As a rule, the lower chambers have special powers in the field of finance (budgeting), and the upper chambers have special powers in the field of ratification of international treaties, etc. In the United States, the Senate has the right to approve members of the government and other officials appointed by the president. A similar method for the distribution of powers is chosen in this draft Constitution of Ukraine.

Article 89
1. The joint powers of the Chambers of the National Assembly of Ukraine shall include:
(1) introducing amendments to the Constitution of Ukraine in accordance with the procedure established by Chapter XVI of this Constitution;
(2) calling an all-Ukrainian referendum on issues within the competence of the National Assembly of Ukraine, with the exceptions established by this Constitution and the law;
(3) adopting laws;
(4) approving the State Budget of Ukraine and introducing amendments thereto, controlling its implementation, and adopting decisions in regard to its implementation;
(5) approving national programs of economic, scientific, technical, social, national, and cultural development, and on environmental protection, etc.;
(6) hearing annual and special addresses of the President of Ukraine on the domestic and foreign situation of Ukraine;
(7) approving the decisions of the President of Ukraine on the use of the Armed Forces of Ukraine and other military and armed formations, established in accordance with the law, in the event of aggression against Ukraine;
(8) removing the President of Ukraine from office by the procedure of impeachment provided for in Article 117 of this Constitution;
(9) considering and adopting decisions to approve the Program of Activities of the Government of Ukraine;
(10) approving decisions on granting loans and economic assistance by Ukraine to foreign states and international organizations, and decisions on Ukraine to receive loans from foreign states, banks, and international organizations, which are not established by the State Budget of Ukraine, and exercising control over their use;
(11) approving decisions on the provision of military assistance to other states, on the deployment of units of the Armed Forces of Ukraine to other states, and on the admission of units from the armed forces of other states onto the territory of Ukraine;
(12) in accordance with the procedure established by law, approving a decree submitted by the President of Ukraine on the declaration of war or on the conclusion of peace; confirming, within forty-eight hours from the moment the President of Ukraine announces decrees to introduce martial law or a state of emergency in Ukraine or in certain areas of Ukraine, on total or partial mobilization, and on the declaration of certain areas as zones of an ecological emergency;
(13) granting consent to the binding character of international treaties of Ukraine and denouncing international treaties of Ukraine;
(14) appointing and dismissing the Chief of Staff of the National Assembly of Ukraine; approving the budget of the National Assembly of Ukraine and the structure of its staff;
(15) confirming the list of objects that may constitute state property rights which are not subject to privatization, and determining the legal basis for the seizure of objects of private property rights;
(16) hearing the annual reports of the Commissioner for Human Rights of the National Assembly of Ukraine on the state of observance and protection of human rights and fundamental freedoms in Ukraine;
(17) approving the Constitution of the Crimean Tatar Autonomous Republic, and amendments thereto;
(18) considering issues of responsibility of the Government of Ukraine and adopting a resolution of no confidence in the Government of Ukraine, which results in its resignation;
(19) confirming the general structure and numerical strength, and definingthe functions of the Armed Forces of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation of Ukraine, the National Agency for the Prevention of Corruption, and other military and armed formations established in accordance with the laws of Ukraine;
(20) exercising other powers that are ascribed to its competence in accordance with this Constitution.

Article 90
1. The exclusive powers of the Chamber of Regions of the National Assembly of Ukraine shall include:
(1) granting consent for the President of Ukraine’s appointment of the Prime Minister of Ukraine, members of the Government of Ukraine, the Head of the Security Service of Ukraine, the Head of the National Anti-Corruption Bureau of Ukraine, the Head of the State Bureau of Investigation of Ukraine, and the Head of the National Agency for the Prevention of Corruption;
(2) appointing and dismissing the Governor of the National Bank of Ukraine from office, upon the submission of the President of Ukraine;
(3) appointing and dismissing half of the members of the Council of the National Bank of Ukraine;
(4) appointing and dismissing half of the members of the National Council of Television and Radio Broadcasting of Ukraine;
(5) appointing and dismissing members of the Central Election Commission upon the submission of the President of Ukraine;
(6) granting consent to the President of Ukraine’s appointment or dismissal of the Head of the Antimonopoly Committee of Ukraine and the Head of the State Property Fund of Ukraine;
(7) granting consent to the President of Ukraine’s appointment of the Prosecutor General of Ukraine, and removal of the Prosecutor General of Ukraine from office in accordance with the procedure established by Article 143 of this Constitution;
(8) deciding whether to send an inquiry to the President of Ukraine at the request of a senator, a group of senators, or a committee previously supported by at least one-third of its constitutional composition;
(9) appointing judges of the Constitutional Court of Ukraine to office, upon submission of the President of Ukraine;
(10) senatorial control over the activities of the Government of Ukraine and other central executive bodies with special status;
(11) exercising other powers in accordance with this Constitution.

Article 90 of the draft establishes the procedure according to which the Chamber of Regions of the National Assembly of Ukraine is required to provide consent to the President of Ukraine’s appointment of the Prime Minister (“PM”) of Ukraine and other members of the Government of Ukraine. Providing confirmation is a milder form of parliamentary influence on the President’s choice than approval or appointment. According to the draft Constitution, the President of Ukraine bears personal responsibility for the activities of the executive branch of power in the State. The refusal of the Chamber of Regions of the National Assembly of Ukraine to give consent to the President’s appointment of the Government of Ukraine and heads of central executive bodies with special status means the inability of starting their work. In this case, the President of Ukraine has the right to prematurely dissolve the National Assembly of Ukraine ahead of schedule. A way out of this situation may be the appointment of new political figures, who in the future may be replaced by the President of Ukraine on the basis of Clause 11 of Section 1 of Article 112 of the draft Constitution of Ukraine.

Article 91
1. The exclusive powers of the Chamber of Deputies of the National Assembly of Ukraine shall include:
(1) appointment and dismissal of the Chairman and members of the Accounting Chamber;
(2) appointment of the Commissioner for Human Rights of the National Assembly of Ukraine upon the submission of the National Forum of Human Rights Organizations of Ukraine; expression of no confidence in the Commissioner for Human Rights of the National Assembly of Ukraine by at least two-thirds of its constitutional composition, which results in the Commissioner’s resignation;
(3) making a decision to send an inquiry to the President of Ukraine at the request of a deputy, a group of deputies, or a committee, previously supported by at least one-third of its constitutional composition;
(4) calling elections of the President of Ukraine within the manner prescribedby this Constitution;
(5) formation and liquidation of districts, establishment and change of the boundaries of districts and cities on the proposal of local government bodies, assignment of settlements to the category of cities, their naming and renaming, with the exception of districts and settlements of the Crimean Tatar Autonomous Republic, and on the proposal of local government bodies of districts and settlements;
(6) early termination of powers of the Council of the Crimean Tatar Autonomous Republic in the presence of an opinion of the Constitutional Court of Ukraine on its violation of the Constitution of Ukraine or laws of Ukraine; calling early elections to the Council of the Crimean Tatar Autonomous Republic;
(7) calling elections to local government bodies;
(8) deputy control over the activities of the Government of Ukraine and other central executive bodies with special status;
(9) exercising other powers in accordance with this Constitution.

Article 92
1. Every senator and deputy of the National Assembly of Ukraine shall have the right to address, at the parliamentary session, an inquiry to the bodies of the National Assembly of Ukraine, the Government of Ukraine, to the central bodies of executive power with special status, to the heads of other bodies of State power and bodies of local government, and to the heads of enterprises, institutions, and organizations located on the territory of Ukraine, regardless of their subordination and forms of ownership.
2. All individuals and legal entities referred to in Section One of this Article shall be obligated to notify a senator or a deputy of the National Assembly of Ukraine of the results of consideration of their request within the period established by law.

Article 93
1. The National Assembly of Ukraine, on the proposal of at least one-third of the constitutional composition of the Chamber of Regions or the Chamber of Deputies, may consider the issue of responsibility of the Government of Ukraine and adopt a resolution of no confidence in the Government of Ukraine by a majority of the constitutional composition of each of its chambers.
2. The issue of responsibility of the Government of Ukraine shall not be considered by the National Assembly of Ukraine more than once during one regular session, nor within one year after the approval of the Program of Activities of the Government of Ukraine or during the last session of the National Assembly of Ukraine.

Article 94
1. The chambers of the National Assembly of Ukraine shall elect the chairpersons of the chambers and their deputies by a majority of votes of their constitutional composition.
2. Prior to the election of the chairpersons of the chambers of the National Assembly of Ukraine and their deputies, the sessions of the chambers shall be presided over by the eldest senator or deputy.
3. A senator and a deputy that is elected as a chairperson of the chambers of the National Assembly of Ukraine shall suspend their membership in a political party or movement for at least the term of office.
4. Each of the chambers of the National Assembly of Ukraine, by a majority of votes of its constitutional composition, may at any time recall the chairman of the chamber or their deputy.
5. In relations with other bodies of state power of Ukraine and bodies of power of foreign states, the National Assembly of Ukraine shall be represented by the Chairman of the Chamber of Regions. If the Chairman of the Chamber of Regions is temporarily unable to perform this function, the National Assembly of Ukraine shall be represented by the Chairman of the Chamber of Deputies.
6. The chairpersons of the chambers of the National Assembly of Ukraine shall:
(1) hold joint and separate sittings of the chambers of the National Assembly of Ukraine;
(2) organize the work of the chambers of the National Assembly of Ukraine, and coordinate the activities of their bodies;
(3) sign acts adopted by the chambers of the National Assembly of Ukraine, and sign acts adopted by the National Assembly of Ukraine;
(4) represent the chambers of the National Assembly of Ukraine in their relations with other bodies of State power of Ukraine and bodies of power of foreign states;
(5) organize the work of the staff of the chambers of the National Assembly of Ukraine.
7. The Chairman of the Chamber of Regions shall direct the work of the staff of the National Assembly of Ukraine.
8. The chairpersons of the chambers of the National Assembly of Ukraine shall exercise their powers in accordance with the Law on the Rules of Procedure of the National Assembly of Ukraine.

Article 95
1. In order to carry out legislative work, prepare, and consider issues within their competence, and perform control functions, the chambers of the National Assembly of Ukraine shall create committees from among the senators and deputies of the National Assembly of Ukraine and elect the Chairmen, First Deputies, and the Deputy Chairmen and Secretaries of these committees.
2. The chambers of the National Assembly of Ukraine, within the limits of their powers, may create temporary special commissions for the preparation and preliminary consideration of issues within their competence.
3. Each of the chambers of the National Assembly of Ukraine shall establish its own committees and temporary special commissions.
4. Each of the chambers of the National Assembly of Ukraine shall form provisional commissions of inquiry to conduct investigations on issues of public interest, if at least one-third of the constitutional composition of the respective chamber has voted for it.
5. The conclusions and proposals of the provisional investigatory commissions of the chambers are not decisive for an investigation and a court.
6. The organization and procedure for the activities of the committees of the chambers of the National Assembly of Ukraine, their temporary special and temporary investigatory commissions shall be prescribed by law.

Article 96
1. The President of Ukraine shall have the right to terminate the powers of the National Assembly of Ukraine ahead of schedule if:
(1) the National Assembly of Ukraine has, for two sessions in a row, failed to adopt an all-Ukrainian referendum that would adopt a law that is especially important for social development;
(2) the Chamber of Regions of the National Assembly of Ukraine does not provide its consent to the President of Ukraine’s appointment of the Prime Minister of Ukraine, members of the Government of Ukraine, and heads of central bodies of executive power with special status within the period allotted by this Constitution;
(3) the National Assembly of Ukraine does not organize its plenary sessions within the thirty days of the new term;
(4) the number of senators or deputies becomes less than two-thirds of their constitutional composition.
2. If the voluntary renunciation of their mandate by a senator or deputy, leads to the early termination of powers of the National Assembly of Ukraine, they shall be prohibited from being elected to the next convocation of the National Assembly of Ukraine.
3. The President of Ukraine shall adopt a decision on the early termination of powers of the National Assembly of Ukraine, after consultations with the chairpersons of the chambers and leaders of factions of the National Assembly of Ukraine.
4. The powers of the National Assembly of Ukraine, chosen at elections held after the early termination of powers of the National Assembly of Ukraine, shall not be terminated within one year from the date of its commencement.
5. The powers of the National Assembly of Ukraine shall not be prematurely terminated:
(1) during martial law or a state of emergency;
(2) during the procedure of impeachment of the President of Ukraine;
(3) during the last six months of the term of office of the National Assembly of Ukraine;
(4) during the last six months of the term of office of the President of Ukraine.

According to the draft Constitution, Ukraine belongs to a mixed (third) form of government. The first two are a parliamentary republic (e.g., Austria, Italy, Germany) and a presidential republic (e.g., USA, Mexico, Panama, Uruguay). The mixed form of government combines elements of presidential and parliamentary republics. The president in mixed republics usually has the right to dissolve parliament. France is considered a classic example of a mixed form of government. Ukraine had a similar form of government in 1996-2004 and 2010-2014.
The mechanism of early termination of parliamentary powers exists in most monarchical and republican countries (with the exception of presidential republics—Brazil, the USA, and others). The right to dissolve parliament early is considered an effective counter to the temptation to dismiss the government. Most often, parliamentary powers are terminated by the head of state (e.g., Austria, Great Britain, Spain, Italy, Germany, Japan). Sometimes the head of state dissolves parliament after consulting the government (e.g., Great Britain, Spain), or the presidents of the chambers and the prime minister (e.g., France). A similar procedure for termination of powers is chosen in the draft Constitution of Ukraine.
On the basis of Article 96 of the draft Constitution, the President of Ukraine may terminate the powers of the National Assembly of Ukraine ahead of schedule in four cases. A similar right is granted to heads of state with presidential-parliamentary or parliamentary forms of government. Most often, such a step is taken by the president on the recommendation of the government. However, sometimes the head of state dissolves the parliament on their own initiative.
The President of France can dissolve Parliament after consulting the Prime Minister and the Presidents of the Chambers, although the consent of the latter is not mandatory. The President of Finland may dissolve the Parliament on the recommendation of the Government or on the President’s own initiative. The right to dissolve parliament by the president is a means of influencing the executive branch on the legislature. 
Typical grounds for early dissolution of parliament are the inability to form a government in a timely manner (e.g., Italy, Hungary). It happens that the fate of the parliament is decided depending on whether the population supports an important initiative of the president in a referendum. According to the draft, the powers of the National Assembly of Ukraine may be prematurely terminated by the President of Ukraine if a referendum approves a law that is particularly important for social development, which the chambers of the National Assembly of Ukraine failed to adopt during two sessions in a row.
The draft Constitution does not require the President of Ukraine, but only allows the President to dissolve the National Assembly of Ukraine ahead of schedule. Sometimes constitutions prohibit the dissolution of parliament during a state of emergency (e.g., France, Poland, Hungary, Romania). 

Article 97
1. The National Assembly of Ukraine shall adopt laws, resolutions, and other acts by a majority of the constitutional composition of the Chamber of Regions and the Chamber of Deputies, except in circumstances stipulated by this Constitution.

Article 98
1. The following shall be prescribed exclusively by the laws of Ukraine:
1) rights, freedoms, and duties;
2) citizenship, legal status of citizens, and the status of foreigners and stateless persons;
3) the rights of Indigenous peoples and national minorities;
4) the language procedures for the work of state bodies and their officials;
5) the principles on the use of natural resources, the exclusive (maritime) economic zone, the continental shelf, the exploration of outer space, the organization and operation of power supply systems, transportation, and communications;
6) the fundamentals of social protection, forms and types of pensions; the principles of regulation of labor and employment, marriage, family, the protection of childhood, motherhood, and fatherhood; the fundamentals of upbringing, education, culture, and health care; the fundamentals of environmental and ecological safety;
7) the legal framework for the use of property;
8) the legal principles of entrepreneurship, the rules of competition, and antitrust regulations;
9) the principles of foreign relations, foreign economic activity, and customs practices;
10) the principles for regulation of the demographic and migration processes;
11) the principles of formation and operation of political parties, other associations of citizens, and State mass media;
12) the organization and activity of executive authorities, the fundamentals of civil service, and the organization of state statistics and informatics;
13) the territorial structure of Ukraine (except for the provision and change of names of districts and settlements in the Crimean Tatar Autonomous Republic);
14) the judicial system, judicial proceedings, the status of judges, the principles of judicial expertise, the organization and activities of the prosecutor’s office, inquiry and investigative bodies, special bodies for combating corruption, notaries, bodies and institutions for the execution of sentences; fundamentals of the organization and activities of the Bar;
15) the principles of local government;
16) the status of the city of Kyiv as a separate metropolitan district; special status of other cities;
17) the fundamentals of national security, the organization of the Armed Forces of Ukraine, and the maintenance of public order;
18) the legal governance system of the state border;
19) the legal governance system of martial law and a state of emergency, and the zones of ecological emergency situations;
20) the organization and procedure for conducting elections and referendums;
21) the organization and operational procedure of the National Assembly of Ukraine, and the legal status of senators and deputies;
22) the principles of civil liability; the acts that are deemed crimes, criminal, administrative or disciplinary offenses and liability for them;
23) the determination of types of information which require limited access;
24) the procedure for declaring war and concluding peace.

2. The following shall be established exclusively by the laws of Ukraine:
1) the State Budget of Ukraine and the budget system of Ukraine; the taxation system, taxes and fees; 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 the state’s domestic and foreign debt; the procedure for the issuance and circulation of government securities, their types and forms;
2) the procedure for dispatching units of the Armed Forces of Ukraine to other states; the procedure for admission and conditions of stay for units of the armed forces of other states on the territory of Ukraine;
3) the units of weight, measure, and time; the procedure for establishing 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 that have an economic or migration system different from the general one.
3. Amnesty shall be declared by the Law of Ukraine.

Article 99
1. The right of legislative initiative in the National Assembly of Ukraine shall be vested in:
1) the President of Ukraine;
2) the Government of Ukraine;
3) the Supreme Court of Ukraine;
4) the Council of the Crimean Tatar Autonomous Republic;
5) the senators and deputies of the National Assembly of Ukraine;
6) the Commissioner for Human Rights of the National Assembly of Ukraine.
2. Draft laws determined as urgent by the President of Ukraine shall be considered out of turn by the National Assembly of Ukraine.
3. All draft laws, except for the draft law on the State Budget of Ukraine, shall be submitted by the subjects of the legislative initiative to any of the chambers of the National Assembly of Ukraine.

Article 100
1. The Chairpersons of the Chambers of the National Assembly of Ukraine shall sign the law. The Chairman of the Chamber of Deputies shall be the first to sign the law. After the law is signed, the Chairman of the Chamber of Regions shall immediately forward it to the President of Ukraine.
2. A draft law, except for a draft law on the State Budget of Ukraine, which was not supported by a majority of votes of the constitutional composition of each of the chambers of the National Assembly of Ukraine, shall not be considered adopted by the National Assembly of Ukraine.
3. If the chambers of the National Assembly of Ukraine are unable to adopt a single decision on a draft law, it shall be referred to the conciliation committee formed by the chambers of the National Assembly of Ukraine on a parity basis.
4. After the draft law has been processed by the conciliation committee, the Chamber of Deputies of the National Assembly of Ukraine shall adopt it for reconsideration. A draft law elaborated by the conciliation committee shall be sent for reconsideration to the Chamber of Deputies not more than twice in a row.
5. The President of Ukraine, within fifteen days after receiving a law from the Chairman of the Chamber of Regions, shall sign it, execute it, and officially promulgate it, or return the law for reconsideration, with reasoned and formulated proposals, to the National Assembly of Ukraine.
6. If the President of Ukraine fails to return the law for reconsideration within the established period, the law shall be deemed approved by the President of Ukraine and shall be signed by them and officially promulgated.
7. If, after the veto of the President of Ukraine, a law is adopted again by the National Assembly of Ukraine, by at least two-thirds of the constitutional composition of each of its chambers, then the President of Ukraine shall be obliged to sign it and officially promulgate it within ten days.
8. If, after the veto of the President of Ukraine, the law on the State Budget of Ukraine is adopted by at least two-thirds of the constitutional composition of the Chamber of Deputies, the President of Ukraine shall be obliged to sign it and officially promulgate it within ten days.
9. The law shall enter into force ten days after its official publication, unless otherwise stipulated by the law itself, but not earlier than the day of its publication.
10. The refusal of the President of Ukraine to sign and promulgate a law adopted in accordance with the requirements of this Constitution shall be a gross violation of the Constitution of Ukraine.
11. A law shall be officially promulgated within ten days after its signing by the President of Ukraine.
12. The procedure for adopting and publishing resolutions, other acts of the National Assembly of Ukraine, and resolutions and other acts of the Chambers of the National Assembly of Ukraine shall be regulated by the Law on the Rules of Procedure of the National Assembly of Ukraine.

Article 101
1. The budget system of Ukraine shall be based on the principles of fair distribution of social wealth among citizens and territorial communities of Ukraine.
2. The Law on the State Budget of Ukraine shall exclusively determine any state expenditures for the needs of the general public, the amounts, and the purposes of such expenditures.
3. The State shall strive fora balanced State Budget of Ukraine.
4. Regular reports on revenues and expenditures of the State Budget of Ukraine shall be subject to official publication.

Article 102
1. The State Budget of Ukraine shall be annually approved by the National Assembly of Ukraine for the period of January 1 to December 31, and in special circumstances for another period.
2. The draft law on the State Budget of Ukraine shall be adopted by the Chamber of Deputies, after which it shall be submitted for approval to the Chamber of Regions.
3. If, during the consideration of the draft law on the State Budget of Ukraine, the chambers of the National Assembly of Ukraine are unable to adopt an agreed upon decision, the Chairman of the Chamber of Regions shall be obliged to submit the draft law on the State Budget of Ukraine for consideration by the conciliation committee formed by the chambers of the National Assembly of Ukraine on a parity basis.
4. If, after the draft law on the State Budget of Ukraine has been processed by the conciliation committee, it is repeatedly rejected by the Chamber of Regions, or if the Chamber of Regions does not make a decision on it within thirty days after its consideration by the conciliation committee, the approval of the draft law on the State Budget of Ukraine shall be carried out by the Chamber of Deputies, independently. In this case, the Law on the State Budget of Ukraine shall be signed by the Chairman of the Chamber of Deputies and submitted to the President of Ukraine for signature.
5. The Government of Ukraine shall, no later than September 15thof each year, submit to the National Assembly of Ukraine a draft law on the State Budget of Ukraine for the following year. Together with the draft law, a report on the implementation of the State Budget of Ukraine of the current year shall be submitted.

Article 103
1. In accordance with the law, the Government of Ukraine submits to the National Assembly of Ukraine a report on the execution of the State Budget of Ukraine.
2. The report submitted by the Government shall be subject to immediate disclosure.

Article 104
1. On behalf of the National Assembly of Ukraine, the Accounting Chamber shall exercise control over the receipt and use of funds of the State Budget of Ukraine.
2. The legal status of the Accounting Chamber shall be prescribed by law.

Article 105
1. The currency unit of Ukraine shall be the hryvnia.
2. Ensuring the stability of the currency unit shall be the function of the central bank of the state—the National Bank of Ukraine.
3. The powers of the National Bank of Ukraine shall not be transferred or delegated to any other state or non-state body or official.

Article 106
1. The Council of the National Bank of Ukraine shall develop the basic principles of monetary policy and exercise control over its implementation.
2. The legal status of the Council of the National Bank of Ukraine shall be prescribed by law. 

Article 107
1. Parliamentary control over the observance of human rights and fundamental freedoms shall be entrusted to the Commissioner for Human Rights of the National Assembly of Ukraine.
2. The Commissioner for Human Rights shall be appointed by the Chamber of Deputies of the National Assembly of Ukraine, upon the recommendation of the National Forum of Human Rights Organizations of Ukraine.
3. The Commissioner for Human Rights of the National Assembly of Ukraine shall be a citizen of Ukraine who is at least thirty years old and speaks the Ukrainian language.
4. The Commissioner for Human Rights of the National Assembly of Ukraine shall appoint their representatives on the ground, and establish other subsidiary bodies and services, within the limits of the funds provided for by the State Budget of Ukraine.

Chapter VIII. President of Ukraine

Articles 108-118 of the draft Constitution define the legal status of the President of Ukraine. The draft reflects the concept of presidential power, according to which the head of state occupies the highest place in the hierarchy of the country’s state institutions and represents Ukraine at the international level. According to the draft, it is the President of Ukraine who heads the State executive power in the country. The President’s powers correspond to the model of the president in a presidential republic. The President of Ukraine carries out the general management of the work of the Cabinet of Ministers (or “the Government of Ukraine”), while not being a member of it. The power of early dissolution of the National Assembly of Ukraine is balanced by the power of the National Assembly of Ukraine to declare a vote of no confidence in the Government of Ukraine or to remove the President of Ukraine from office for gross violation of the Constitution of Ukraine. In some countries, the role of the intermediary between the government and the president is assigned to the administrative prime minister. In the draft Constitution, the Prime Minister of Ukraine is not formally called administrative, but in reality, the PM should perform such administrative functions.

Article 108
1. The President of Ukraine shall be the head of the Ukrainian State and shall act on its behalf.
2. The President of Ukraine shall be the head of the State executive power.
3. The President of Ukraine shall be the Supreme Commander-in-Chief of the Armed Forces of Ukraine.
4. The functions of the President of Ukraine shall include:
1) observance, protection, and defense of the Constitution of Ukraine;
2) guaranteeing the territorial integrity and state sovereignty of Ukraine;
3) general management of the Government of Ukraine; 
4) representation of Ukraine in the world.

Article 109
1. The President of Ukraine shall be elected by the citizens of Ukraine on the basis of universal, equal, and direct suffrage by secret ballot for a term of four years.
2. A citizen of Ukraine who was born in Ukraine or was naturalized to the citizenship of Ukraine before reaching the age of eighteen, who has reached the age of at least thirty-five years on the day of elections, who has the right to vote, and has resided in Ukraine for the last ten years prior to election day, and who speaks the Ukrainian language, may be elected President of Ukraine.
3. One person shall not be the President of Ukraine more than twice.
4. The President of Ukraine shall not have another representative mandate, hold another position in bodies of State power or in public associations, nor engage in other paid or entrepreneurial activity, or be a member of the governing body or supervisory board of a for-profit enterprise.
5. Elections of the President of Ukraine shall be held on the last Sunday of the last month of the fourth year of the President’s powers. In case of early termination of powers of the President of Ukraine, new elections shall be held within ninety days from the date of termination of the President’s powers.

Article 110
1. The newly elected President of Ukraine shall assume office no later than thirty days after the official promulgation of the election results, from the moment of taking the oath to the Ukrainian people at a joint meeting of the chambers of the National Assembly of Ukraine.
2. The President of Ukraine shall be sworn in by the Chairman of the Chamber of Regions of the National Assembly of Ukraine.
3. The President of Ukraine takes the following oath: “I, (name and surname), having been elected by the Ukrainian people to this high post, assure that I will honestly, devotedly, and selflessly fulfill my duties—unconditionally observe, protect, and defend the Constitution of Ukraine.”
4. The President of Ukraine, elected by a special election, shall take the oath within five days after the official announcement of the election results.

Article 111
1. The President of Ukraine shall enjoy the right of immunity in the exercise of their presidential powers.
2. The title of the President of Ukraine shall be retained for life unless the President is removed from office as a result of impeachment.

Article 112
1. The President of Ukraine shall be able to:
1) exercise general management of the Government of Ukraine, ensure state independence, national security, and legal succession of the state;
2) address the people annually and conduct special addresses to the National Assembly of Ukraine on the domestic and foreign situation of Ukraine;
3) represent the state in international relations, negotiate, and conclude international treaties on behalf of Ukraine;
4) make decisions on the recognition of foreign states;
5) appoint and dismiss heads of diplomatic missions of Ukraine in other states and of international organizations; accept credentials and letters of resignation of diplomatic representatives of foreign states;
6) call an all-Ukrainian referendum in cases prescribed by this Constitution; declare an all-Ukrainian referendum on a popular initiative;
7) call special elections to the National Assembly of Ukraine within the terms established by this Constitution;
8) terminate the powers of the National Assembly of Ukraine in accordance with this Constitution;
9) appoint, with the consent of the Chamber of Regions of the National Assembly of Ukraine, the Prime Minister of Ukraine, terminate the powers of the Prime Minister of Ukraine and adopt a decision on the PM’s resignation; appoints members of the Government of Ukraine with the consent of the Chamber of Regions of the National Assembly of Ukraine and dismisses them from office;
10) appoint, with the consent of the Chamber of Regions of the National Assembly of Ukraine, the Head of the Security Service of Ukraine, the Head of the National Anti-Corruption Bureau of Ukraine, the Head of the State Bureau of Investigation of Ukraine, the Head of the National Agency for the Prevention of Corruption, and dismiss them from office; appoints heads of other central bodies of State executive power with special status and dismiss them from office;
11) appoint, with the exception of the Prime Minister of Ukraine, certain members of the Government of Ukraine by way of replacement, if the total number of such appointments does not exceed one fourth of the newly appointed Government of Ukraine;
12) appoint heads of local state administrations upon submission of the Government of Ukraine and dismiss them from office;
13) appoint, with the consent of the Chamber of Regions of the National Assembly of Ukraine, the position of the Prosecutor General of Ukraine;
14) submit recommendations to the Chamber of Regions of the National Assembly of Ukraine on the appointment and dismissal of the Governor of the National Bank of Ukraine; appoint and dismiss half of the members of the Council of the National Bank of Ukraine;
15) appoint and dismiss half of the members of the National Council of Television and Radio Broadcasting of Ukraine;
16) appoint and dismiss from office, with the consent of the Chamber of Regions of the National Assembly of Ukraine, the Chairman of the Antimonopoly Committee of Ukraine and the Head of the State Property Fund of Ukraine;
17) establish, reorganize, and liquidate ministries and other central bodies of State executive power, acting within the limits of funds provided by the budget for their maintenance;
18) repeal acts of the Government of Ukraine; suspends the acts of the Government of the Crimean Tatar Autonomous Republic with a simultaneous appeal to the Constitutional Court of Ukraine regarding their constitutionality;
19) appoint and dismiss the high command of the Armed Forces of Ukraine and other military formations; carry out leadership in the field of national security and defense of Ukraine;
20) head the National Security and Defense Council of Ukraine;
21) adopt, in the event of armed aggression or a real threat of attack, as well as in the event of a threat to the state independence of Ukraine or its territorial integrity, a decision on the imposition of martial law in Ukraine or in its separate areas—with the subsequent approval of these decisions by the National Assembly of Ukraine;
22) adopt, in accordance with the law, decisions on general or partial mobilization, use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against Ukraine, with the subsequent approval of these decisions by the National Assembly of Ukraine;
23) adopt, if necessary, a decision on the introduction of a state of emergency in Ukraine or in its separate areas, and declare, if necessary, certain areas of Ukraine as zones of ecological emergency situations, with the subsequent approval of these decisions by the National Assembly of Ukraine;
24) submit to the Chamber of Regions of the National Assembly of Ukraine submissions on the appointment of judges of the Constitutional Court of Ukraine;
25) appoint a professional judge upon the recommendation of the High Council of Justice; submit to the National Assembly of Ukraine a draft law on the establishment, reorganization, and liquidation of courts after consultations with the High Council of Justice;
26) confer and deprive high military, diplomatic, and other special ranks and class orders; 
27) confer state awards; establish and confer presidential distinctions;
28) adopt, in accordance with this Constitution, decisions on granting the Ukrainian citizenship, the termination Ukrainian citizenship, and on granting asylum in Ukraine;
29) exercise the right to grant pardons;
30) establish, within the limits of the funds stipulated in the State Budget of Ukraine for the exercise of its powers, consultative, advisory, and other subsidiary bodies and services;
31) sign laws adopted by the National Assembly of Ukraine; sign the Law on the State Budget of Ukraine adopted by the Chamber of Deputies of the National Assembly of Ukraine;
32) exercise the right to veto laws adopted by the National Assembly of Ukraine with their subsequent return for reconsideration by the National Assembly of Ukraine; exercise the right of veto over the Law on the State Budget of Ukraine adopted by the Chamber of Deputies of the National Assembly of Ukraine; suspend the validity of legal acts of the Council of the Crimean Tatar Autonomous Republic with a simultaneous appeal to the Constitutional Court of Ukraine regarding their constitutionality;
33) submit recommendations to the Chamber of Regions of the National Assembly of Ukraine on the appointment and dismissal of members of the Central Election Commission;
34) exercise other powers in accordance with this Constitution.
2. The President of Ukraine may call an all-Ukrainian referendum if the National Assembly of Ukraine has failed to adopt a law recognized as especially important for social development during two consecutive sessions.
3. The prerogative of defining a law as particularly important for social development shall belong to the President of Ukraine.
4. The President of Ukraine shall not delegate their powers to other persons or bodies.
5. The President of Ukraine, on the basis of and in pursuance of the Constitution and laws of Ukraine, shall issue decrees and orders that are binding on the territory of Ukraine.
6. Acts of the President of Ukraine issued within the powers provided for in Clauses 3, 4, 5, 8, 9, 11, 12, 16, 17, 19, 20, 23, 24, 25, 26 of Section One of this Article shall be signed by the Prime Minister of Ukraine, and the minister responsible for the act and its implementation.
7. The declaration of war and the conclusion of peace shall be the exclusive joint authority of the President of Ukraine and the National Assembly of Ukraine, which shall be exercised in accordance with the procedure established by law.

Article 113
1. The National Security and Defense Council of Ukraine shall be a coordinating body on issues of national security and defense under the President of Ukraine.
2. The National Security and Defense Council of Ukraine shall coordinate and control the activities of state executive bodies in the sphere of national security and defense.
3. The Chairman of the National Security and Defense Council of Ukraine shall be the President of Ukraine.
4. The President of Ukraine shall establish the composition of the National Security and Defense Council of Ukraine.
5. The National Security and Defense Council of Ukraine shall be composed of the Prime Minister of Ukraine, the Minister of Defense of Ukraine, the Head of the Security Service of Ukraine, the Head of the National Anti-Corruption Bureau of Ukraine, the Minister of Internal Affairs of Ukraine, and the Minister of Foreign Affairs of Ukraine.
6. Chairpersons of the Chambers of the National Assembly of Ukraine may take part in meetings of the National Security and Defense Council of Ukraine.
7. Decisions of the National Security and Defense Council of Ukraine shall be put into effect by decrees of the President of Ukraine.
8. The competence of the National Security and Defense Council of Ukraine shall be in accordance with this Constitution and in the manner prescribed by the law of Ukraine.

Article 114
1. The President of Ukraine shall exercise their presidential powers until the newly elected President of Ukraine assumes office.
2. In the event of termination of powers of the President of Ukraine during martial law or a state of emergency, the President shall continue to exercise their powers until the next President of Ukraine takes office elected after the abolition of martial law or a state of emergency.
3. The authority of the President of Ukraine shall be terminated prematurely in the event of:
1) voluntary resignation;
2) inability to exercise presidential powers for health/medical reasons;
3) removal from office by impeachment;
4) removal from office due to the exercise by the Ukrainian people of the right to resistance (democratic uprising);
5) death.

Article 115
1. The voluntary resignation of the President of Ukraine shall come into force from the moment they personally announce their resignation at a joint session of the Chambers of the National Assembly of Ukraine. 

Article 116
1. The inability of the President of Ukraine to exercise presidential powers for health reasons shall be determined at a joint meeting of the Chambers of the National Assembly of Ukraine and confirmed by a decision adopted by the majority of the constitutional composition of the Chamber of Regions on the basis of a written submission of the Supreme Court upon the request of the Chamber of Deputies and a medical opinion.

Article 117
1. The President of Ukraine shall be removed from office by the National Assembly of Ukraine through impeachment in the event that they commit an intentional crime or gross violation of the Constitution of Ukraine.
2. The issue of removing the President of Ukraine from office by impeachment shall be raised on the initiative of the majority of the constitutional composition of the Chamber of Deputies of the National Assembly of Ukraine.
3. To conduct an investigation, the Chamber of Regions of the National Assembly of Ukraine shall establish a special temporary commission of inquiry.
4. The conclusions of the special provisional commission of inquiry shall be considered at a meeting of the Chamber of Regions of the National Assembly of Ukraine.
5. If there are grounds, the Chamber of Regions of the National Assembly of Ukraine, by a majority of its constitutional composition, shall forward the conclusions of the special temporary investigation commission to the Supreme Court or, if there are appropriate grounds, to the Constitutional Court of Ukraine.
6. If a special temporary commission of inquiry concludes that the actions of the President of Ukraine contain signs of an intentional crime, the Chamber of Regions shall send the conclusions of the commission to the Supreme Court.
7. If a special temporary commission of inquiry concludes that the actions of the President of Ukraine contain signs of gross violation of the Constitution of Ukraine, the Chamber of Regions shall sendthe conclusions of the commission to the Constitutional Court of Ukraine.
8. The decision to remove the President of Ukraine from office through impeachment shall be taken by the Chamber of Regions by at least two-thirds of its constitutional composition after receiving the conclusion of the Supreme Court or the conclusion of the Constitutional Court of Ukraine that the actions of the President of Ukraine contain signs of an intentional crime or gross violation of the Constitution of Ukraine.
9. Removal of the President of Ukraine from office through impeachment shall not exempt them from criminal liability, but such dismissal may take place by decision of the majority of the constitutional composition of the Chamber of Regions of the National Assembly of Ukraine, if the President of Ukraine voluntarily accepts to resign under the threat of impeachment.

Article 118
1. In the event of early termination of powers of the President of Ukraine in accordance with Articles 114, 115, 116, 117 of this Constitution, the Prime Minister of Ukraine shall perform the duties of the President of Ukraine for the period until the election and assumption of office of a new President of Ukraine.
2. The Prime Minister of Ukraine, during the period of performance of their duties as the President of Ukraine, shall not exercise the powers established by Clauses 2, 6, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 24, 27, 29 of Section One of Article 112 of the Constitution of Ukraine.
3. If it is impossible for the Prime Minister of Ukraine to perform the duties of the President, the powers of the President of Ukraine, with the exception of the powers specified in SectionTwo of this Article, shall be exercised by the Chairman of the Chamber of Regions of the National Assembly of Ukraine, and in case of impossibility to do so, by the Chairman of the Chamber of Deputies of the National Assembly of Ukraine.

Section IX. Government of Ukraine and Other Executive Bodies

Article 119
1. The Government of Ukraine shall be the highest collegial body in the system of bodies of State executive power.
2. General management of the activities of the Government of Ukraine shall be entrusted to the President of Ukraine.
3. The Government of Ukraine shall be responsible to the President of Ukraine and shall be controlled and accountable to the National Assembly of Ukraine within the limits stipulated by this Constitution.
4. The Government of Ukraine shall be guided in its activities by the Constitution of Ukraine, laws of Ukraine, and acts of the President of Ukraine.

Article 120
1. The Government of Ukraine shall consist of the Prime Minister of Ukraine and ministers.
2. The first Minister on the list of government appointments shall concurrently perform the duties of the Vice Prime Minister of Ukraine.
3. The Prime Minister and the ministers of the Government of Ukraine, shall be appointed by the President of Ukraine, with the consent of the majority of the constitutional composition of the Chamber of Regions of the National Assembly of Ukraine.
4. The President shall form the Government of Ukraine after consultations with the Chairpersons of the Chambers of the National Assembly of Ukraine, leaders of parliamentary factions, and the Prime Minister.
5. The President may appoint certain members of the Government of Ukraine by way of replacement, except for the Prime Minister, without the consent of the Chamber of Regions, if the total number of such replacements does not exceed one fourth of the newly appointed Government of Ukraine.
6. Members of the newly appointed Government of Ukraine shall not be dismissed by the President by way of replacement earlier than six months after their appointment to office.
7. The Prime Minister shall directly supervise the work of the Government of Ukraine.
8. The Prime Minister shall direct the activities of the Government of Ukraine to implement the Program of Activities of the Government, as approved by the National Assembly of Ukraine.
9. If necessary, the Prime Minister shall address the President on the formation, reorganization, and liquidation of ministries, and other central bodies of State executive power within the limits of funds stipulated by the State Budget of Ukraine for their maintenance.

Article 121
1. The Government of Ukraine shall resign before the newly elected President.
2. The Prime Minister and ministers shall have the right to submit their resignation to the President at any time.
3. The resignation of the Prime Minister shall result in the resignation of the full Government of Ukraine.
4. The adoption by the National Assembly of Ukraine of a resolution of no confidence in the Government of Ukraine shall result in its resignation.
5. The Government of Ukraine, whose resignation has been accepted by the President, shall continue to exercise their powers until the newly created Government of Ukraine begins its work.
6. The Prime Minister shall be obliged to submit to the President a letter of resignation by the decision of the President or as a result of the adoption by the National Assembly of Ukraine of a resolution of no confidence in the Government of Ukraine.

Article 122
1. The Government of Ukraine shall:
1) ensure the state sovereignty and economic independence of Ukraine, the implementation of domestic and foreign policy of the Ukrainian state, the implementation of the Constitution and laws of Ukraine, and acts of the President of Ukraine;
2) take measures to ensure human rights, fundamental freedoms, and the fulfillment of constitutional duties;
3) ensure the implementation of financial, pricing, investment, and tax policies, and policies in the spheres of labor and employment, social protection, education, science, and culture, nature protection, environmental safety, and nature management;
4) develop and implement national programs of economic, scientific, technical, social, and cultural development of Ukraine;
5) ensure equal conditions for the development of all forms of ownership; manage state-owned objects in accordance with the law;
6) develop a draft law on the State Budget of Ukraine, ensure the implementation of the State Budget of Ukraine as approved by the National Assembly of Ukraine, and submit a report on its implementation to the National Assembly of Ukraine;
7) take measures to ensure the defense capability and national security of Ukraine, public order, and the fight against crime;
8) organize and ensure the implementation of foreign economic activity of Ukraine, and customs practices;
9) directs and coordinates the work of ministries and other bodies of State executive power;
10) exercise other powers in accordance with the Constitution, laws of Ukraine, and acts of the President of Ukraine.

Article 123
1. The Government of Ukraine, within the limits of its competence, shall issue resolutions and orders that are binding.
2. The Prime Minister shall sign such acts of the Government of Ukraine.
3. Normative legal acts of the Government of Ukraine, ministries, and other central bodies of State executive power shall be subject to registration in accordance with the procedures established by law.

Article 124
1. State executive power in oblasts and districts, a separate capital district—the city of Kyiv, and in the city of Sevastopol—shall be exercised by local state administrations.
2. The specifics of exercising state executive power in a separate capital district and in the city of Sevastopol shall be prescribed by law.
3. The composition of local state administrations shall be formed by the heads of local state administrations.
4. Heads of local state administrations shall be appointed and dismissed by the President upon submission of the Government of Ukraine.
5. When exercising their powers, heads of local state administrations shall be responsible to the President and the Government of Ukraine, and accountable to and under the supervision ofthe higher-level state executive bodies.
6. Local state administrations shall be accountable to and under the supervision by the highest-level state executive bodies.
7. Decisions of heads of local state administrations that contradict the Constitution of Ukraine or other legislative acts of Ukraine may be revoked by the President, the Prime Minister, or the head of a higher-level local state administration.

Article 125
1. Local state administrations, on their respective territory, shall ensure:
1) representation and protection of national interests of Ukraine;
2) control over the implementation of the Constitution and laws of Ukraine, and the acts of the President of Ukraine, the Government of Ukraine, ministries, and other bodies of state executive power;
3) observance of the rule of law and order, constitutional human rights, freedoms, and fulfillment of duties;
4) supervision over the use of state subsidies and subventions;
5) exercising other powers granted to them by law or delegated by the Government.
2. All acts adopted by local government bodies and their officials, shall be submitted to local state administrations of the appropriate level within five days after their signing.
3. The head of local state administration may appeal to a court against decisions of local referendums, and acts adopted by bodies of local government and their officials, on the grounds of their non-compliance with the Constitution or the law of Ukraine.
4. In case of supreme state necessity, the head of the local state administration may suspend the implementation of decisions of local referendums, and decisions taken by bodies of local government and their officials, on the grounds of their non-compliance with the Constitution or the law of Ukraine, with simultaneous appeal to a court.

Article 126
1. Ministers of the Government of Ukraine and their deputies, and the heads of central and local bodies of state executive power, shall not combine their professional activity with other work (except for teaching, academic, and creative work outside of working hours), be members of a governing body or supervisory board of a for-profit enterprise or organization.
2. The organization, powers, and operational procedures of the Government of Ukraine and other central and local executive bodies shall be in accordance with this Constitution and in the manner prescribed by the laws of Ukraine.

Chapter X. Judicial Power

Article 127
1. Justice in Ukraine shall be administered exclusively by the courts. Delegation of the functions of courts or appropriation of these functions by other bodies or officials shall be prohibited.
2. The jurisdiction of the courts shall extend to all legal disputes and criminal charges. The courts shall also consider other cases as prescribed by law. The law shall establish a mandatory pre-trial procedure for settling a dispute.
3. The people shall participate directly in the administration of justice by jury, in accordance with the law.
4. Ukraine shall recognize the jurisdiction of the International Criminal Court under the conditions prescribed by the Rome Statute of the International Criminal Court.
5. The courts shall make a decision in the name of the Law. Court decisions shall be binding. The State shall ensure the execution of court decisions in accordance with the procedures established by law. Control over the execution of court decisions shall be carried out by the courts.

Article 128
1. The judicial system in Ukraine shall be based on the principles of territoriality and specialization and shall be prescribed by law.
2. Courts shall be established, reorganized, and liquidated by law, the draft of which shall be submitted to the National Assembly of Ukraine by the President after consultations with the High Council of Justice.
3. The highest court in the judicial system of Ukraine is the Supreme Court of Ukraine.
4. The Supreme Court of Ukraine shall carry out the official interpretation of the laws of Ukraine.
5. High specialized courts may operate in accordance with the law.
6. Administrative courts shall operate to protect the rights, freedoms, and interests of individuals in the field of public relations.
7. The establishment of extraordinary and special courts shall not be allowed.

Article 129
1. The independence and immunity of judges in the performance of their professional duties shall be guaranteed by the Constitution and laws of Ukraine.
2. It shall be prohibited to exert any pressure or influence on a judge.
3. A judge shall not be detained or arrested without the consent of the High Council of Justice before a court pronounces a guilty verdict.
4. The procedure for appointing and dismissing judges shall be in accordance with this Constitution and in the manner prescribed by law.
5. Judges who perform their duties properly shall hold office for an indefinite term. Exceptions to this rule shall apply only to judges of the Constitutional Court of Ukraine.
6. Judges shall not bear any political duties to the bodies or officials that elected or appointed them.
7. Without the consent of the High Council of Justice, a judge shall not be detained, arrested, or held in custody, before a court pronounces a guilty verdict, except for the detention of a judge during or immediately after the commission of a grave or especially grave crime.
8. A judge shall not be held liable for a court decision made by them, except for the commission of a crime or disciplinary offence.
9. The grounds for dismissal of a judge shall be:
1) the inability to exercise their powers for health reasons;
2) the violation of incompatibility requirements;
3) the commission of a significant disciplinary offence, gross or systematic disregard of their duties, which is incompatible with the status of a judge or which revealed their incompatibility with the position held;
4) the submission of a statement of resignation or voluntary dismissal from office;
5) the failure to consent to be transferred to another court in the event of liquidation or reorganization of the court in which the judge holds office;
6) failure to confirm the legitimacy of the sources or the origin of property belonging to them or their family members.
10. The powers of a judge shall be terminated in the event of:
1) inability to exercise powers due to age or health;
2) termination of citizenship of Ukraine or acquisition of foreign citizenship;
3) the entry into force of a court decision declaring the judge missing or dead, or as incapacitated or partially incapacitated;
4) entry into force of a guilty verdict for committing a crime;
5) death.
11.The State shall ensure the personal security of judges and their family members.

Article 130
1. Justice shall be administered by judges. In certain cases prescribed by law, justice shall be administered with the participation of a jury.
2. A judge shall not belong to political parties, political movements, and trade unions, participate in any political activity, run for state power or local government bodies, hold a representative mandate, hold any other paid positions, perform other paid work, except for research, teaching, or creative activities outside working hours.
3. A citizen of Ukraine, at least thirty years of age, who has a higher legal education and at least five years of professional experience in the legal profession, is competent in the field of law, is endowed with high moral qualities and speaks the Ukrainian language, may be appointed to the position of a judge. The law may provide for additional requirements for appointment to the position of a judge.
4. For judges of specialized courts, other requirements may be established with regard to education and professional experience, in accordance with the law.
5. The protection of the professional interests of judges and the resolution of issues related to the internal activities of courts shall be carried out in accordance with the law by bodies of judicial government.

Article 131
1. Appointment to the position of a judge shall be made by the President of Ukraine, upon submission by the High Council of Justice, in accordance with the procedure established by law.
2. Appointment to the position of a judge shall be carried out on a competitive basis, except in cases specified by law.
3. The Chief Justice of the Supreme Court of Ukraine shall be elected and dismissed from office, by secret ballot of the Plenum of the Supreme Court of Ukraine, in accordance with the procedure established by law.

Article 132
1. When administering justice, judges shall be independent and guided by the rule of law.
2. The main principles of judicial proceedings shall be as follows:
1) equality of all participants in the trial before the law and the court;
2) ensuring that guilt is proven;
3) the adversarial procedure and the freedom of the parties to present their evidence to the court and to prove its cogency before the court;
4) equal access of the parties to the examination;
5) prosecution by the State prosecutor in court;
6) ensuring the right of the accused to defense;
7) equality of the prosecution and the defense in the trial;
8) transparency of the trial and its complete recording by technical means;
9) ensuring the right to appeal a court judgment, and in cases established by law, to a cassation appeal of a court judgment;
10) reasonable terms of consideration of the case by the court;
11) binding nature of court decisions;
12) guaranteeing the rights and legitimate interests of the victim, and compensation for the damage caused to them.
4. The law may establish other, additional principles for judicial proceedings.
5. Persons guilty of contempt of a court or judge, shall be held legally liable.

Article 133
1. The State shall ensure funding and appropriate conditions for the functioning of courts and the activities of judges. The State Budget of Ukraine shall separately determine the expenditures for the maintenance of courts, taking into account the proposals of the High Council of Justice.
2. A reasonable amount of remuneration for a judge shall be established by the Law of Ukraine on the Judiciary. The amount of judicial remuneration shall not contradict the principles of social justice.

Article 134
1. The Constitutional Court of Ukraine shall decide on the constitutionality of the laws of Ukraine and, where provided for by this Constitution, of other acts, and provide the official interpretation of the Constitution of Ukraine, and other powers in accordance with this Constitution and the law.
2. The activity of the Constitutional Court of Ukraine shall be based on the principles of the rule of law, independence, collegiality, transparency, reasonableness, and binding nature of its decisions and opinions.

Article 135
1. The Constitutional Court of Ukraine shall consist of nine judges.
2. Judges of the Constitutional Court of Ukraine shall be appointed, upon the recommendation of the President of Ukraine, by a majority of the constitutional composition of the Chamber of Regions of the National Assembly of Ukraine.
3. A Judge of the Constitutional Court of Ukraine may be a citizen of Ukraine who, on the day of appointment to office, has reached the age of at least forty, has a higher legal education, and at least fifteen years of professional experience in the field of law, is endowed with high moral qualities and possesses high professional competence.
4. A Judge of the Constitutional Court of Ukraine shall not belong to political parties, political movements, and trade unions, participate in any political activity, run for election to bodies of state power or bodies of local government, have a representative mandate, hold any other paid positions, perform other paid work, except for research, teaching, or creative activities outside working hours.
5. A Judge of the Constitutional Court of Ukraine shall be appointed for a term of ten years without the right to reappointment. The judge shall acquire powers from the day they take the oath at a special plenary session of the Constitutional Court of Ukraine.
6. The Chief Justice of the Constitutional Court of Ukraine shall be elected at a special plenary session of the Constitutional Court of Ukraine from among the judges of the Constitutional Court of Ukraine by secret ballot for one three-year term.

Article 136
1. The State shall ensure financing and proper conditions for the operation of the Constitutional Court of Ukraine. The State Budget of Ukraine shall separately determine the expenditures for the activities of the Court, taking into account the proposals of its Chief Justice.
2. A reasonable and fair amount of remuneration for a Constitutional Court Judge shall be established by law.

Article 137
1. The independence and inviolability of a Judge of the Constitutional Court of Ukraine shall be guaranteed by the Constitution and laws of Ukraine.
2. Any influence on a Judge of the Constitutional Court of Ukraine shall be prohibited.
3. Without the consent of the Constitutional Court of Ukraine, a Judge of the Constitutional Court of Ukraine shall not be detained or held in custody or arrested until a guilty verdict is passed by the court, except for the detention of a judge during or immediately after the commission of a grave or especially grave crime.
4. A Judge of the Constitutional Court of Ukraine shall not be held liable adoptinga position in a decision made by the Court, except for the commission of a crime or disciplinary offense by the Judge.
5. The State shall ensure the personal security of a Judge of the Constitutional Court of Ukraine and their family members.

Article 138
1. The powers of a Judge of the Constitutional Court of Ukraine shall be terminated in the event of:
1) expiry of the judge’s term of office;
2) inability to exercise the powers of a judge due to age or state of health;
3) termination of citizenship of Ukraine or voluntary acquisition of foreign citizenship;
4) entry into force of a court decision declaring the judge missing or dead, or incapacitated or partially incapacitated;
5) entry into force of a guilty verdict for committing a crime.
6) death.
2. The grounds for dismissal of a Judge of the Constitutional Court of Ukraine shall be as follows:
1) inability to exercise their powers for health reasons;
2) violation of incompatibility requirements;
3) commission of a significant disciplinary offence, gross or systematic disregard of their duties, which is incompatible with the status of a judge or has revealed their incompatibility with the position held;
4) the submission of a statement of resignation or voluntary dismissal from office.
3. A decision on dismissal from office of a Judge of the Constitutional Court of Ukraine shall be adopted by at least two-thirds of the votes of the constitutional composition of the Constitutional Court of Ukraine.

Article 139
1. The powers of the Constitutional Court of Ukraine shall include:
1) resolving issues of compliance with the Constitution of Ukraine (constitutionality):
a) laws and other legal acts of the National Assembly of Ukraine;
b) acts of the President of Ukraine;
c) acts of the Government of Ukraine;
d) legal acts of the Council of the Crimean Tatar Autonomous Republic;
e) acts of the Government of the Crimean Tatar Autonomous Republic.
2) official interpretation of the Constitution of Ukraine;
3) exercising other powers prescribed by the Constitution of Ukraine.
2. The issues provided for in Clauses 1 and  2 of Section One of this Article shall be considered on the constitutional petition of: the President of Ukraine; at least five senators or twenty deputies of the National Assembly of Ukraine; the Supreme Court of Ukraine; presidents of courts of general jurisdiction; the Commissioner for Human Rights of the National Assembly of Ukraine; Council of the Crimean Tatar Autonomous Republic; The Kurultay or the Mejlis of the Crimean Tatar people, if their rights and interests are affected.

Article 140
1. The Constitutional Court of Ukraine, upon the request of the President or at least five senators or twenty deputies of the National Assembly of Ukraine, shall issue opinions on whether the international treaties that Ukraine is a party to or those international treaties that have been submitted to the National Assembly of Ukraine for ratification or consent to be bound, are in conformity with the Constitution of Ukraine.
2. The Constitutional Court of Ukraine, upon the request of the President of Ukraine or at least five senators or twenty deputies of the National Assembly of Ukraine, shall issue opinions on the constitutionality of the questions proposed for submission to the all-Ukrainian referendum on the popular initiative.
3. At the request of the Chamber of Regions of the National Assembly of Ukraine, on the basis of Section Five and Seven of Article 117 of the Constitution, the Constitutional Court of Ukraine shall issue conclusions on the presence or absence of signs of gross violation of the Constitution of Ukraine by the actions of the President of Ukraine.

Article 141
1. Laws and other acts, by decision of the Constitutional Court of Ukraine, shall be declared unconstitutional in whole or in part, if they do not comply with the Constitution of Ukraine or if the procedure for their consideration, adoption or entry into force established by the Constitution of Ukraine has been violated.
2. Laws, other acts, or separate provisions thereof, which are declared unconstitutional, shall become invalid from the day of adoption by the Constitutional Court of Ukraine of a decision on their unconstitutionality, unless otherwise provided by the decision itself, but not earlier than the day of its adoption.
3. Material or moral injury caused to individuals and legal entities by acts and actions recognized as unconstitutional shall be compensated by the State in accordance with the procedure established by law.

Article 142
1. The Constitutional Court of Ukraine shall decide on the constitutionality(i.e., the conformity with the Constitution of Ukraine), of laws of Ukraine, acts of the President, acts of the Government of Ukraine, legal acts of the Council of the Crimean Tatar Autonomous Republic, and acts of the Government of the Crimean Tatar Autonomous Republic on the basis of an individual constitutional complaint of individuals or legal entities, if it is alleged that the laws of Ukraine or acts of other authorities specified in this Article have been applied in the final court decision of their casein a manner that contradicts the Constitution of Ukraine.

Article 143
1. Decisions and conclusions adopted by the Constitutional Court of Ukraine in accordance with due process of law shall be binding and final and may not be appealed by anyone.

Article 144
1. The procedure for the organization and operation of the Constitutional Court of Ukraine, the status of the Judges of the Constitutional Court, the grounds and procedures applying to the Court, and the procedure for its consideration of cases and execution of decisions, shall be established by the Constitution and laws of Ukraine.

Article 145
1. The High Council of Justice shall operate in Ukraine, which:
1) submits recommendations on the appointment of a judge to office;
2) adopts decisions on whether a judge or prosecutor violated the incompatibility requirements;
3) considers appeals against the decision of the relevant body to bring a judge or prosecutor to disciplinary responsibility;
4) adopts decisions on the dismissal of a judge from office;
5) gives consent to the arrest or detention of a judge;
6) adopts a decision on the temporary suspension of a judge from the administration of justice;
7) takes measures to ensure the independence of judges;
8) makes a decision on the transfer of a judge from one court to another;
9) exercises other powers as prescribed by the Constitution and laws of Ukraine.
2. 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 appointed by the President of Ukraine, two elected by the All-Ukrainian Conference of Prosecutors, two elected by the Congress of Advocates of Ukraine, and two elected by the Congress of Representatives of Higher Legal Educational Institutions and Scientific Institutions.
3. The procedure for electing (appointing) members of the High Council of Justice shall be prescribed by law.
4. The Chief Judge of the Supreme Court of Ukraine shall be an ex officio member of the High Council of Justice.
5. The term of office of the elected (appointed) members of the High Council of Justice shall be four years. The same individual shall not hold the position of a member of the High Council of Justice for two consecutive terms.
6. Members of the High Council of Justice shall not belong to political parties, political movements, and trade unions, participate in any political activity, run for state power or local government bodies, hold a representative mandate, hold any other paid positions (except for the position of the Chief Judge of the Supreme Court of Ukraine), perform other paid work, except for research, teaching, or creative activities outside working hours.
7. Members of the High Council of Justice shall belong to the legal profession and meet the criteria of political neutrality.
8. The law may provide additional requirements for a member of the High Council of Justice.
9. The High Council of Justice shall acquire powers subject to the election (appointment) of at least fifteen of its members, the majority of whom shall be judges.
10. The law shall prescribe procedures for bodies and institutions in the justice system to ensure the selection of judges and prosecutors, their professional training, evaluation,review of cases regarding their disciplinary responsibility, as well as to provide financial and organizational support of the courts and the judges.

Article 146
1. There shall be a prosecutor’s office in Ukraine, which shall carry out:
1) prosecution by the prosecutor in court on behalf of the State;
2) organization and procedural management of pre-trial investigation, resolution of other issues in the course of criminal proceedings in accordance with the law, supervision of covert and other investigative and search actions of law enforcement agencies;
3) representation of the interests of the State in court in cases and in the manner prescribed by law;
4) supervision over the observance of human rights and fundamental freedoms by the bodies of the Ministry of Internal Affairs of Ukraine, the Police, the Security Service of Ukraine, the State Bureau of Investigation, the Armed Forces of Ukraine, bodies and institutions of the penitentiary system in Ukraine, etc.
2. The organization and operation of the Prosecutor’s Office shall be prescribed by law. The Prosecutor's Office in Ukraine shall be headed by the Prosecutor General, who shall be appointed and dismissed by the President, with the consent of the Chamber of Regions of the National Assembly of Ukraine.
3. The term of office of the Prosecutor General shall be six years. The same person shall not hold the position of the Prosecutor General for two consecutive terms.
4. Early dismissal from the office of the Prosecutor General shall be carried out exclusively in cases and on the grounds established by the Constitution and the laws of Ukraine.
5. It shall be forbidden to exert any pressure or influence on the Prosecutor’s Office and its Prosecutors.

Article 147
1. The Bar shall exist in Ukraine to provide professorial legal aid.
2. The independence of the Bar shall be guaranteed by the Constitution and the laws of Ukraine.
3. The principles of organization and operation of the Bar and the provision of legal services in Ukraine shall be prescribed by law.
4. An attorney shall represent an individual in court and defend them against criminal charges.
5. The law may determine exceptions for representation in court in labor disputes, disputes on the protection of social rights, on elections and referendums, in minor disputes, and on the representation of minors or juveniles and persons who have been declared legally incapacitated or whose legal capacity is limited.

Chapter XI. Security Service of Ukraine, Armed Forces of Ukraine, Police

Article 148
1. The Security Service of Ukraine shall protect the national interests of Ukraine, its state sovereignty, constitutional order, and territorial integrity and ensures the protection of State secrets.
2. The activities of the Security Service of Ukraine, its bodies, and officials, shall be based on the principles of the rule of law, respect for human rights and fundamental freedoms, non-partisanship, responsibility to the Ukrainian people, accountability to the National Assembly and the President of Ukraine.
3. The activity of the Security Service of Ukraine shall be subject to prosecutorial supervision.

Article 149
1. The defense of Ukraine, the armed protection of its sovereignty, and its territorial integrity shall be entrusted to the Armed Forces of Ukraine.
2. Protection of the State border of Ukraine shall be entrusted to the relevant military formations and law enforcement bodies of the state, the organization and procedure of which shall be prescribed by law.
3. It shall be prohibited to use the Armed Forces of Ukraine, other military, and armed formations for the purpose of restricting human rights and fundamental freedoms, changing the foundations of the constitutional order of Ukraine, removing bodies of state power, or obstructing their lawful activities.
4. The State shall ensure social protection of citizens of Ukraine who are in the service of the Armed Forces of Ukraine, are members of other military and armed formations established in accordance with the law, andthe members of their families.
5. On the territory of Ukraine, the creation and operation of any military or armed formations not provided for by law shall be prohibited.
6. The activities of the Armed Forces of Ukraine, other military and armed formations shall be subject to the supervision of the Prosecutor’s Office.

Article 150
1. The Police shall constitute a separate system of bodies of state executive power designed to protect the life and health of citizens and other persons, their rights, and freedoms, as well as the interests of society and the State from criminal encroachments.
2. The activities of Police officials and officers shall be based on the principles of the rule of law, respect for human rights and freedoms, non-partisanship, responsibility to the Ukrainian people, and accountability to the National Assembly and the President of Ukraine.
3. The Police shall be empowered to apply coercive measures for the purposes specified in SectionOne of this Article.
4. The use of coercive measures by the Police shall be prescribed by law and necessary in a democratic society to protect the life and health of citizens, other persons, their rights and freedoms, property, national security, and public order from criminal encroachments.
5. The State shall ensure social protection of citizens of Ukraine who are in the service of the police bodies, and the members of their families.
6. The activities of the Police shall be subject to the supervision of the Prosecutor’s Office.

Article 151
1. The powers of officials and officers of the Security Service of Ukraine, the Armed Forces of Ukraine, other military, and armed formations that are established in accordance with the law, and the Police shall be prescribed by the Constitution and laws of Ukraine.
2. Officials and officers of the Security Service of Ukraine, the Armed Forces of Ukraine, other military, and armed formations, and the Police shall be obliged to act only on the basis, within the limits of authority, and in the manner prescribed by the Constitution and laws of Ukraine.
3. Protection of professional interests of officials and civil servants of the Security Service of Ukraine, the Armed Forces of Ukraine, other military, and armed formations established in accordance with the law, and the Police shall be carried out in accordance with the proceduresprescribed by law.

Article 152
1. The activities of the Security Service of Ukraine, the Armed Forces of Ukraine, other military, and armed formations, and the Police, shall be controlled by the National Assembly and the President of Ukraine. If the parliamentary control procedure is implemented, the officials and officers of these bodies references of the inability to provide restricted information shall be null and void.
2. In order to exercise public control over the activities of the Security Service of Ukraine, the Armed Forces of Ukraine, other military, and armed formations established in accordance with the law, and the Police, public human rights organizations may be established.
3. Information on the activities of the Security Service of Ukraine, the Armed Forces of Ukraine, other military, and armed formations, and the Police, shall be open to the public and provided upon information requests, as long as it does not belong to the category of state or other secrets protected by law.

Article 153
1. In order to protect human rights and fundamental freedoms, the Commissioner for Human Rights of the National Assembly of Ukraine shall have the right to suspend actions, orders, or any other official acts of the Police, and bodies or institutions of the penitentiary system in Ukraine, but not for more than forty-eight hours.

Chapter XII. Territorial Structure

Article 154
1. The territorial structure of Ukraine shall be based on the principles of unity and integrity of the State territory, the combination of centralization and decentralization in the exercise of State power, and the balanced socio-economic development of regions taking into account their historical, economic, ecological, geographic, and demographic characteristics, as well as ethnic and cultural traditions.

Article 155
1. The system of administrative-territorial structure of Ukraine shall consist of: the Crimean Tatar Autonomous Republic, a separate capital district—the city of Kyiv, the special status city of Sevastopol—regions, districts, cities, city districts, settlements, and villages.
2. Ukraine shall include: the Crimean Tatar Autonomous Republic, twenty-four regions, a separate capital district—the city of Kyiv, and the special status city of Sevastopol.
3. The status of a separate metropolitan district—the city of Kyiv, and the special status of the city of Sevastopol—shall be prescribed by law.

Article 156
1. The Crimean Tatar Autonomous Republic shall be an integral part of Ukraine, exercising its powers within the limits established by the Constitution of Ukraine, the Constitution of the Crimean Tatar Autonomous Republic, and the laws of Ukraine.
2. The source of the special status of the Crimean Tatar Autonomous Republic shall be the right of the Crimean Tatar people to self-determination as the Indigenous people of Ukraine.

Article 157
1. The Crimean Tatar Autonomous Republic shall have the Constitution of the Crimean Tatar Autonomous Republic, which shall be adopted by the Council of the Crimean Tatar Autonomous Republic in agreement with the Qurultay of the Crimean Tatar people and approved by the law of Ukraine.
2. Legal acts of the Council of the Crimean Tatar Autonomous Republic and acts of the Government of the Crimean Tatar Autonomous Republic shall not contradict the Constitution and laws of Ukraine.

Article 158
1. In the Crimean Tatar Autonomous Republic, along with the Ukrainian language, the Crimean Tatar language shall be used in all spheres of public life, with the exceptions stipulated by law.

Article 159
1. The Council of the Crimean Tatar Autonomous Republic shall be the representative governing body of the Crimean Tatar Autonomous Republic. At least one third of the members of the Council of the Crimean Tatar Autonomous Republic shall be representatives of the Crimean Tatar people, the specifics of whose election or delegation by the Qurultay of the Crimean Tatar people are prescribed by law.
2. The term of office of the Council of the Crimean Tatar Autonomous Republic, whose deputies were elected at the regular elections, shall be four years. The termination of the powers of the Council of the Crimean Tatar Autonomous Republic shall result in the termination of the powers of its deputies.
3. Regular elections to the Council of the Crimean Tatar Autonomous Republic shall be held on the last Sunday of October of the fourth year of the term of office of the Council of the Crimean Tatar Autonomous Republic elected in the regular elections.
4. The Council of the Crimean Tatar Autonomous Republic, within the limits of its powers, shall adopt decisions that are binding on the Crimean Tatar Autonomous Republic.
5. The highest executive authority in the Crimean Tatar Autonomous Republic shall be the Government of the Crimean Tatar Autonomous Republic. The Head of the Government of the Crimean Tatar Autonomous Republic shall be appointed and dismissed by the Council of the Crimean Tatar Autonomous Republic in agreement with the President of Ukraine.
6. The powers, procedures for the formation, and the operation of the Council of the Crimean Tatar Autonomous Republic and the Government of the Crimean Tatar Autonomous Republic shall be established by the Constitution of Ukraine, the Constitution of the Crimean Tatar Autonomous Republic, the laws of Ukraine, and legal acts of the Council of the Crimean Tatar Autonomous Republic within its competence.
7. Justice in the Crimean Tatar Autonomous Republic shall be administered by the courts of Ukraine.
8. The highest representative body of the Crimean Tatar people shall be the Qurultay of the Crimean Tatar people, which forms a permanent body—the Mejlis of the Crimean Tatar people—which shall exercise the powers granted or delegated to it by the Qurultay of the Crimean Tatar people.

Article 160
1. The Crimean Tatar Autonomous Republic shall carry out normative regulation on the following issues:
1) land relations; agriculture; land reclamation; forestry; arrangement of mountainous terrain; production of mineral and healing waters, and therapeutic mud;
2) quarries; exploitation of hydro resources; design and construction of canals; study and development of mineral deposits;
3) crafts and trades; fairs and bazaars; local traditions, rituals and customs;
4) urban planning and housing; urban, district, and rural housing improvement;
5) tourism; restaurant and hotel business; trade; sale of alcoholic beverages;
6) museums, libraries, theaters, other cultural institutions, historical and cultural reserves;
7) upbringing, training, education, science, languages of indigenous peoples, and national minorities;
8) public transport, highways, and water pipelines;
9) hunting, fishing, and gathering;
10) sanitary and epidemiological well-being;
11) ecological protection and preservation of the environment;
12) financial governance in the forms and limits established by the laws of Ukraine in accordance with the State Budget of Ukraine;
13) other issues as established by the laws of Ukraine.
2. On the grounds of inconsistency of legal acts of the Council of the Crimean Tatar Autonomous Republic or acts of the Government of the Crimean Tatar Autonomous Republic with the Constitution of Ukraine, the President of Ukraine may suspend these acts with a simultaneous appeal to the Constitutional Court of Ukraine regarding their constitutionality.

Article 161
1. The Crimean Tatar Autonomous Republic shall be responsible for:
1) organizing and conducting elections to the Council of the Crimean Tatar Autonomous Republic and local government bodies, and local referendums;
2) formation and approval of the composition of the election commission of the Crimean Tatar Autonomous Republic;
3) management of property rights and other property rights belonging to the Crimean Tatar Autonomous Republic;
4) developing, approving, and implementing the budget of the Crimean Tatar Autonomous Republic on the basis of the unified tax and budgetary policy of Ukraine;
5) developing, approving, and implementing programs of the Crimean Tatar Autonomous Republic on the socio-economic and cultural development of Indigenous peoples and national minorities, protection of human rights and fundamental freedoms, rational use of natural resources, and environmental protection in accordance with the legislation of Ukraine and national programs;
6) determination of the status of localities as resorts; objects of the nature reserve fund; objects of cultural heritage; protection zones;
7) ensuring rights and freedoms, interethnic and interreligious harmony, protection of law and order, and public safety;
8) ensuring the functioning of the Ukrainian language and creating conditions for its development;
9) ensuring the use, development, and protection of the languages of Indigenous peoples and national minorities;
10) participation in the development of State programs for the return of deported peoples and ensuring the implementation of such programs;
11) initiating the introduction of a state of emergency and the establishment of ecological emergency zones in the Crimean Tatar Autonomous Republic or in its individual areas;
12) changing the boundaries and names of cities, districts, and other settlements of the Crimean Tatar Autonomous Republic with their subsequent approval by the National Assembly of Ukraine;
2. Other powers may also be delegated to the Crimean Tatar Autonomous Republic by the laws of Ukraine.

Article 162
1. The Council of the Crimean Tatar Autonomous Republic, the Government of the Crimean Tatar Autonomous Republic, and State authorities and local government bodies in the Crimean Tatar Autonomous Republic shall make decisions on issues provided for in Articles 160-161 of the Constitution with the prior consent of the relevant representative bodies of the Crimean Tatar people, if this affects their rights and interests.

Article 163
1. The Crimean Tatar Autonomous Republic shall have a Mission of the Government of Ukraine, the status of which is prescribed by law.
2. The Government of Ukraine shall hold the position of Minister for Mutual Interests of Ukraine and the Crimean Tatar Autonomous Republic.

Article 164
1. In the event of a situation in Crimea that poses a real threat to the state sovereignty or territorial integrity of Ukraine, the President of Ukraine may introduce a special system of governance in Crimea by appointing a special Commissioner with the simultaneous termination of powers of the authorities of the Crimean Tatar Autonomous Republic and local government bodies.
2. A special system of government and its duration shall be prescribed by law.

Chapter XIII. Local Government

Article 165
1. Local government shall be the right of a territorial community—residents of a village, settlement, city, district, region, city district, and bodies created by them to regulate and manage a separate area of public affairs, acting within the framework of the Constitution and the laws of Ukraine, independently, in the interests of the local population.
2. The specifics of local government in a separate capital district—the city of Kyiv and the city of Sevastopol—shall be prescribed by law.
3. Local government shall be exercised by a territorial community in accordance with the procedures established by law, both directly and through local government bodies: village, settlement, city, district, regional, and city district councils and their executive bodies.
4. Certain issues on the organization of the management of districts in cities shall be within the competence of city councils.
5. Village, settlement, and city councils shall permit their residents to establish formations of building, street, block, and other self-organized bodies of the residential population, and endow them with a part of competence, finances, and property.

Article 166
1. Village, settlement, city, district, oblast, city district council shall consist of deputies elected by residents of the village, settlement, city, district, oblast, and district in the city, through universal, equal, and direct suffrage by secret ballot. The term of office of local councils is four years.
2. Heads of the village, settlement, city, district, oblast, and city district councils shall be elected by residents of the villages, settlements, cities, districts, regions, and districts in the city on the basis of universal, equal, and direct suffrage by secret ballot for a term of four years.
3. The executive local government bodies shall be the executive committees elected by the deputies of village, settlement, city, district, regional, and city district councils, and departments, divisions, and other executive bodies.
4. Chairpersons of local councils shall head the executive committees of councils and preside at their meetings, and the apparatus of the respective council shall be subordinate to them.
5. The status of heads, deputies, executive bodies of councils, and their competence and powers, the procedure for formation, reorganization and liquidation shall be prescribed by law.

Article 167
1. The material and financial basis of local government shall be movable and immovable property, revenues of local budgets, state subsidies and subventions, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, districts, regions, and districts in the city.
2. Territorial communities of villages, settlements, cities, districts, regions, and districts in the city may combine objects of communal property and budgets funds, on a contractual basis, for the implementation of joint projects or for joint financing (maintenance) of communal enterprises, organizations, and institutions, and create appropriate bodies and services for this purpose.
3. The State shall participate in the formation of revenues for budgets of local government and financially support local government.
4. All expenses of local government bodies, arising from the decisions of bodies and officials of State power, shall be fully compensated by the State.

Article 168
1. Territorial communities of villages, settlements, cities, districts, regions, and districts in the city, directly or through local government bodies formed by them, shall manage communal property; approve programs of socio-economic and cultural development and control their implementation; approve budgets of the respective administrative-territorial units and control their execution; establish local taxes and fees in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganize, and liquidate communal enterprises, organizations, and institutions, and exercise control over their activities; resolve other issues of local importance assigned to their competence by law.
2. Regional, district, and city district councils shall approve regional, district, and city district budgets, which are formed from the funds of the State Budget of Ukraine; revenues from communal property; local taxes and fees; funds raised on a contractual basis from local budgets for the implementation of joint socio-economic and cultural programs; control their implementation; and resolve other issues attributed by law to their competence.
3. Local government bodies may be assigned, by law, certain powers of State executive authorities. The State shall fully finance the exercise of these powers at the expense of the State Budget of Ukraine or through the allocation of certain national taxes to the local budget in the manner prescribed by law and transfer the relevant objects of State property to the local government bodies.
4. Local government bodies shall be controlled by local state administrations and other relevant bodies of state executive power in connection with ensuring the national interests of Ukraine, observance of the rule of law and order, observance of constitutional rights and freedoms, use of state subsidies and subventions, and the exercise of powers delegated to them by bodies of State executive power.

Article 169
1. Local government bodies, shall make decisions that are binding on their respective territory, within the limits of their powers as prescribed by law.
2. All acts adopted by bodies of local government and their officials shall be submitted to the relevant local state administrations within five days after their signing.
3. The head of local state administration shall have the right to appeal to a court, the decisions of local referendums, acts of bodies of local government, their officials, and civil servants on the grounds of their non-compliance with the legislation of Ukraine.
4. The head of local state administration shall have the right, in cases of supreme state necessity, to suspend the implementation of decisions of local referendums, acts of bodies of local government, and their officials on the grounds of their non-compliance with the Constitution or laws of Ukraine, with simultaneous appeal to a court.

Article 170
1. The rights of local government shall be inviolable and shall be protected by the courts.

Article 171
1. Other issues of organization of local government, formation, activity, and responsibility of local government bodies shall be prescribed by law.

Chapter XIV. State of Emergency

Article 172
1. A state of emergency shall be introduced in Ukraine or in its separate areas in the event of emergencies of man-made or natural character, and in the event of an attempt to seize state power or change the principles of the constitutional order of Ukraine by violent means.
2. Due to the threat, the state of emergency regime shall permit temporary restrictions on the exercise of constitutional human rights and freedoms, and the rights, and legitimate interests of legal entities.

Article 173
1. A state of emergency in Ukraine or in its separate areas shall be introduced by a decree of the President of Ukraine, which shall be approved by the National Assembly of Ukraine within forty-eight hours from the moment of its official promulgation.
2. If the state of emergency in Ukraine or in its separate areas has been introduced or extended after the early termination of the powers of the National Assembly of Ukraine, the adoption by the President of Ukraine of a decree on the introduction or extension of the state of emergency shall mean the renewal of the powers of the National Assembly of Ukraine.
3. The Decree of the President of Ukraine on the introduction of the state of emergency, until it is approved by the National Assembly of Ukraine, shall be valid for forty-eight hours from the moment of its official promulgation.
4. The Decree of the President of Ukraine on the introduction of the state of emergency shall be announced through the mass media and by other available means.
5. The refusal of the National Assembly of Ukraine to approve the Decree of the President of Ukraine on the introduction or extension of the state of emergency shall mean its abolition.
6. The introduction or extension of the state of emergency by the President of Ukraine that is groundless or unmotivated, or does not specifying the duration, shall be considered a gross violation of the Constitution of Ukraine.

Article 174
1. A state of emergency in Ukraine may be introduced for no more than thirty days.
2. In case of urgent necessity, the state of emergency may be extended by the President of Ukraine for another thirty days.
3. The Decree of the President of Ukraine on the introduction or extension of the state of emergency shall remain in force only if it is approved by the National Assembly of Ukraine.

Article 175
1. The rules for introducing a state of emergency shall be established by the Constitution and the laws of Ukraine.
2. A decree of the President of Ukraine on the introduction or extension of the state of emergency shall provide for an exhaustive list of rights and freedoms, the exercise of which is temporarily restricted.
3. The President of Ukraine shall immediately inform the United Nations about the introduction or extension of the state of emergency, its duration, and the restrictions imposed by this state in the exercise of rights and freedoms.

Chapter XV. Martial Law

Article 176
1. Martial law shall be introduced in Ukraine or in its separate areas in the event of armed aggression or a real threat of attack on Ukraine, or in the emergence of a real danger to the state independence or territorial integrity of Ukraine.
2. Martial law shall be introduced or extended exclusively for the period specified in the Decree of the President of Ukraine. Early termination of martial law shall be permitted.
3. Due to the posed threat, the martial law regime shall permit temporary restrictions on the exercise of constitutional human rights and freedoms, and rights and legitimate interests of legal entities.
4. The imposition of martial law shall not be the same as a declaration of war.
5. The declaration of war and the conclusion of peace shall be carried out by the President of Ukraine together with the National Assembly of Ukraine in accordance with a special procedure established by law.

Article 177
1. Martial law in Ukraine or in its separate areas shall be introduced or extended by a decree of the President of Ukraine, which shall be approved by the National Assembly of Ukraine within forty-eight hours from the moment of its official promulgation.
2. If martial law in Ukraine or in certain areas thereof has been introduced or extended after the early termination of powers of the National Assembly of Ukraine, the official promulgation of the decree of the President of Ukraine on the introduction or extension of martial law shall mean the renewal of the powers of the National Assembly of Ukraine.
3. The Decree of the President of Ukraine on the introduction or extension of martial law shall enter into force from the moment of its official promulgation.
4. The Decree of the President of Ukraine on the imposition of martial law shall be announced through the media and by other available means.
5. The refusal of the National Assembly of Ukraine to approve the decree of the President of Ukraine on the introduction or extension of martial law shall mean its abolition.
6. Martial law on the entire territory of Ukraine or in its separate areas shall be lifted by a decree of the President of Ukraine upon the recommendation of the National Security and Defense Council of Ukraine, which shall be announced through the mass media and by other available means.
7. The Decree of the President of Ukraine on the introduction or extension of martial law shall remain in force subject to its approval by the National Assembly of Ukraine.
8. The imposition of martial law by the President of Ukraine that is groundless or unmotivated, or does not specify the duration, shall be considered a gross violation of the Constitution of Ukraine.

Article 178
1. Early termination of powers of the National Assembly of Ukraine during martial law or a state of emergency shall be prohibited.
2. It shall be prohibited to introduce or restore the death penalty, and to sentence to death during martial law or a state of emergency.
3. The President of Ukraine shall immediately notify the United Nations of the introduction or extension of martial law, its duration, and the restrictions on rights and freedoms imposed by this state.

Chapter XVI. The Procedure for Adopting and Amending the Constitution of Ukraine

Article 179
1. The Constitution of Ukraine shall be adopted by at least two-thirds of the votes of the constitutional composition of each of the chambers of the Constitutional Assembly of Ukraine, which shall be elected and convened according to the same rules as the National Assembly of Ukraine.
2. Members of the Constitutional Assembly shall not have the right to be elected to the National Assembly of Ukraine of the first convocation after the adoption of the Constitution of Ukraine.
3. The Constitutional Assembly of Ukraine shall terminate its powers from the moment of its approval (adoption) of the Constitution of Ukraine. The Basic Law adopted by the Constitutional Assembly of Ukraine shall be subject to approval by an all-Ukrainian referendum.
4. A referendum on approval of the Constitution of Ukraine shall be called by the President of Ukraine.

Article 180
1. Amendments to the Constitution of Ukraine shall be introduced by the National Assembly of Ukraine by at least two-thirds of the constitutional composition of each of its chambers. The amendments shall be subject to re-approval by at least two-thirds of the constitutional composition of each of the chambers of the National Assembly of Ukraine of the next regular convocation.
2. Amendments made to Chapters I and XVI of the Constitution of Ukraine shall be subject to approval by an all-Ukrainian referendum.
3. A referendum to approve amendments to Chapters I and XVI of the Constitution of Ukraine shall be appointed by the President of Ukraine.
4. The refusal of the President of Ukraine to call a referendum to approve the amendments introduced in accordance with this Constitution to Chapters I and XVI of the Constitution of Ukraine shall be considered a gross violation of the Constitution of Ukraine.

Article 181
1. A draft law on introducing amendments to the Constitution of Ukraine may be submitted to the National Assembly of Ukraine by the President or by at least one-third of the constitutional composition of each chamber of the National Assembly of Ukraine.

Article 182
1. The Constitution of Ukraine shall not be amended if the amendments provide for the violation, abolition, or restriction of human rights and freedoms, or if they are aimed at the liquidation of independence or violation of the territorial integrity of Ukraine.
2. The Constitution of Ukraine shall not be amended under martial law or a state of emergency.

Article 183
1. A draft law on introducing amendments to the Constitution of Ukraine, which has been considered by the National Assembly of Ukraine and the law has not been adopted, shall be submitted to the National Assembly of Ukraine not earlier than one year after the date of adoption of the decision on this draft law.
2. The National Assembly of Ukraine shall not amend the same provisions of the Constitution of Ukraine twice during the constitutional term of its powers.

Article 184
1. A draft law on introducing amendments to the Constitution of Ukraine shall be considered by the National Assembly of Ukraine in the presence of a positive opinion of the Constitutional Court of Ukraine on the compliance of the draft law with the requirements of Articles 182 and 183 of the Constitution of Ukraine.

Article 185
1. The Constitution of Ukraine shall enter into force on the day of its official promulgation.

Article 186
1. The day of adoption of the Constitution of Ukraine shall be a state holiday—the Day of the Constitution of Ukraine.