Ukraine 1996 Constitution (reviewed 2019)

Chapter XV. Transitional Provisions

1. Laws and other normative acts, adopted prior to this Constitution entering into force, are in force in the part that does not contradict the Constitution of Ukraine.
2. After the adoption of the Constitution of Ukraine, the Verkhovna Rada of Ukraine exercises the authority envisaged by this Constitution.Regular elections to the Verkhovna Rada of Ukraine shall be held in March 1998.
3. Regular elections of the President of Ukraine shall be held on the last Sunday of October 1999.
4. The President of Ukraine, within three years after the Constitution of Ukraine enters into force, has the right to issue decrees approved by the Cabinet of Ministers of Ukraine and signed by the Prime-Minister of Ukraine on economic issues not regulated by laws, with simultaneous submission of the respective draft law to the Verkhovna Rada of Ukraine, by the procedure established by Article 93 of this Constitution.Such a decree of the President of Ukraine takes effect, if within thirty calendar days from the day of submission of the draft law (except the days between sessions), the Verkhovna Rada of Ukraine does not adopt the law or does not reject the submitted draft law by the majority of its constitutional composition, and is effective until a law adopted by the Verkhovna Rada of Ukraine on these issues enters into force.
5. The Cabinet of Ministers of Ukraine is formed in accordance with this Constitution within three months after its entry into force.
6. The Constitutional Court of Ukraine is formed in accordance with this Constitution, within three months after its entry into force. Prior to the creation of the Constitutional Court of Ukraine, the interpretation of laws is performed by the Verkhovna Rada of Ukraine.
7. Heads of local state administrations, upon entry of this Constitution into force, acquire the status of heads of local state administrations in accordance with Article 118 of this Constitution, and after the election of chairmen of the respective councils, tender resignations from office of the chairmen of these councils.
8. Village, settlement and city councils and the chairmen of these councils, upon entry of this Constitution of Ukraine into force, exercise the authority as determined by it, until the election of the new composition of these councils in March 1998.District and oblast councils, elected prior to the entry of this Constitution into force, exercise the authority as determined by it, until the formation of the new composition of these councils in accordance with the Constitution of Ukraine.

   City district councils and their chairmen, upon entry of this Constitution into force, exercise their authority in accordance with the law.

9. The Prosecution Office, in accordance with effective laws, continues to perform the function of pre-trial investigation until the agencies, to which the function is transferred under the law, will have been launched, and continue to perform the function of supervision the observance of laws while enforcing court decisions in criminal cases, while application of other measures of coercion related to the restraint of personal freedom of citizens, until the law on establishment of a dual system of regular penitentiary inspections takes effect.
10. Prior to the adoption of laws determining the particular aspects of the exercise of executive power in the Cities of Kyiv and Sevastopol in accordance with Article 118 of this Constitution, the executive power in these cities is exercised by the respective city administrations.
11. Article 99, paragraph one of this Constitution shall enter into force after the introduction of the national monetary unit — the hryvnia.
12. The Supreme Court of Ukraine and the High Court of Arbitration of Ukraine exercise their authority in accordance with the legislation of Ukraine that is in force, until the formation in Ukraine of a system of courts of general jurisdiction, in accordance with Article 125 of this Constitution, but for no more than five years.Judges of all courts in Ukraine, elected or appointed prior to the day of entry of this Constitution into force, continue to exercise their authority in accordance with the legislation in force, until the expiration of the term for which they were elected or appointed.

    Judges whose authority has terminated on the day this Constitution enters into force, continue to exercise their authority for the period of one year.

13. The current procedure for arrest, holding in custody and detention of persons suspected of committing a crime, and also for the examination and search of a dwelling place or other possessions of a person, is preserved for five years after this Constitution enters into force.
14. [deleted by No. 2680-VIII of 2019]
15. Regular elections of the Verkhovna Rada of Ukraine after restoration of provisions of the Constitution of Ukraine in the wording of June 28, 1996 upon the Decision of the Constitutional Court of Ukraine dated September 30, 2010 No. 20-rp/2010 in the case on observance of the procedure of introducing amendments to the Constitution of Ukraine are held on the last Sunday of October of 2012.
16. Regular elections of the President of Ukraine after restoration of the provisions of the Constitution of Ukraine in the wording of June 28, 1996 upon the Decision of the Constitutional Court of Ukraine dated September 30, 2010 No. 20-rp/2010 in the case on observance of the procedure of introducing amendments to the Constitution of Ukraine are held on the last Sunday of March of 2015.
17. Upon taking effect of the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (as to justice):
    1. prior to the establishment of the High Council of Justice (Vyshcha Rada Pravosuddia) its authority is exercised by the High Council of Justice (Vyshcha Rada Yustytsii). The High Council of Justice (Vyshcha Rada Pravosuddia) is established through reorganising of the High Council of Justice (Vyshcha Rada Yustytsii). Prior to election (appointment) of members of the High Council of Justice (Vyshcha Rada Pravosuddia) it is composed of members of the High Council of Justice (Vyshcha Rada Yustytsii) during their term in office, but no longer than by April 30, 2019. Election (appointment) of members of the High Council of Justice (Vyshcha Rada Pravosuddia) is conducted not later than by April 30, 2019;
    2. authority of judges appointed for a five-year term terminate with the expiration of the term for which they were appointed. Such judges may be appointed to the office of judge according to the procedure prescribed by law;
    3. judges who were elected for unlimited term shall exercise their authority until dismissal or termination of their authority on grounds defined in the Constitution of Ukraine;
    4. conformity with being in the office of a judge, who was appointed to the office for a five-year term or elected for unlimited term, before the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (as to justice)” taking effect, should be assessed according to the procedure prescribed by law. Nonconformity of the judge with being in the office based on criteria of competence, professional ethics, or honesty, or refusal of the judge from such assessment shall constitute the ground to dismiss a judge. Procedure and exclusive grounds for appeal against the decision on dismissal of a judge resulted from the assessment shall be established by law;
    5. in cases of reorganisation or dissolution of particular courts, established before the Law of Ukraine “On Introduing Amendments to the Constitution of Ukraine (as to justice)” taking effect, judges concerned have the right to retire or apply for a new position through a competition according to the procedure prescribed by law. Specifics of the transfer of a judge to another court may be prescribed by law;
    6. until new administrative and territorial system of Ukraine is implemented according to the amendments to the Constitution of Ukraine as to decentralisation, but not later than by December 31, 2017, the establishment, reorganisation, and dissolution of courts is conducted by the President of Ukraine on the basis and under the procedure prescribed by the law;
    7. within two years transfer of judge to another court shall be exercised by the President of Ukraine on the basis of the submission by the High Council of Justice (Vyshcha Rada Pravosuddia);
    8. judges of the Constitutional Court of Ukraine, appointed before the Law of Ukraine “On Introducing Amendemnts to the Constitution of Ukraine (as to justice)” taking effect, exercise their authority until termination of their authority or dismissal in accordance with the procedure prescribed in Article 1491 of the Constitution of Ukraine and without right to reappointment. Authority of a judge of the Constitutional Court of Ukraine, who as of the day the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (as to justice)” taking effect has attained the age of sixty-five, but the decision on his or her dismissal from office has not been taken, are terminated;
    9. the representation of citizens before courts by the public prosecution according to the law in cases in which proceedings had been initiated prior to the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (as to justice)” taking effect, are exercised according to the rules have been effective prior to this Law taking effect, – until rendering the final court decisions that can not be challenged;
    10. the Prosecutor General of Ukraine appointed to the office prior to the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (as to justice)” taking effect exercises authority of the Prosecutor General until dismissal under the procedure prescribed by law but no longer within the term for which he or she was appointed, and may not hold the office for two consecutive terms;
    11. in accordance with the sub-paragraph 3 paragraph one Article 131-1 and Article 131-2 of this Constitution representation before the Supreme Court and the courts of cassation shall be exercised exclusively by public prosecutors and advocates as from January 1, 2017; before the appellate courts – as from January 1, 2018; before the first instance courts – as from January 1, 2019.

    Representation of bodies of state power and local self-government before courts shall be exercised exclusively by public prosecutors and advocates as from January 1, 2020.

    Representation before courts in cases pending prior to the Law of Ukraine “On Introducing Amendments to the Constitution of Ukraine (as to justice)” taking effect shall be exercised according to the rules have been effective prior to this Law taking effect, – until rendering the final court decisions that cannot be challenged.