Ukraine 1996 Constitution (reviewed 2019)

Chapter IV. Verkhovna Rada of Ukraine

Article 75

The sole body of legislative power in Ukraine is the Parliament — the Verkhovna Rada of Ukraine.

Article 76

The constitutional composition of the Verkhovna Rada of Ukraine consists of 450 National Deputies of Ukraine who are elected for a five-year term on the basis of universal, equal and direct suffrage, by secret ballot.

A citizen of Ukraine who has attained the age of twenty-one on the day of elections, has the right to vote, and has resided on the territory of Ukraine for the past five years, may be a National Deputy of Ukraine.

A citizen who has a criminal record for committing an intentional crime shall not be elected to the Verkhovna Rada of Ukraine if the record is not cancelled and erased by the procedure established by law.

The authority of National Deputies of Ukraine is determined by the Constitution and the laws of Ukraine.

The term of office of the Verkhovna Rada of Ukraine is five years.

Article 77

Regular elections to the Verkhovna Rada of Ukraine take place on the last Sunday of October of the fifth year of the term of authority of the Verkhovna Rada of Ukraine.

Special elections to the Verkhovna Rada of Ukraine are designated by the President of Ukraine and are held within sixty days from the day of the publication of the decision on the pre-term termination of authority of the Verkhovna Rada of Ukraine.

The procedure for conducting elections of National Deputies of Ukraine is established by law.

Article 78

National Deputies of Ukraine exercise their authority on a permanent basis.

National Deputies of Ukraine shall not have another representative mandate, be in the civil service, hold any other paid offices, carry out other gainful or entreprenurial activity (with the exception of teaching, scientific, and creative activities), or be a member of the governing body or supervisory council of an enterprise or a profit-seeking organization.

Requirements concerning the incompatibility of the mandate of the deputy with other types of activity are established by law.

Where there emerge circumstances infringing requirements concerning the incompatibility of the deputy’s mandate with other types of activity, the National Deputy of Ukraine shall within twenty days from the date of the emergence of such circumstances discontinue such activity or lodge a personal application for divesting of National Deputy authority.

Article 79

Before assuming office, National Deputies of Ukraine take the following oath before the Verkhovna Rada of Ukraine:

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

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

The oath is read by the eldest National Deputy of Ukraine before the opening of the first session of the newly-elected Verkhovna Rada of Ukraine, after which the deputies affirm the oath with their signatures below its text.

The refusal to take the oath results in the loss of the mandate of the deputy.

The authority of National Deputies of Ukraine commences from the moment of the taking of the oath.

Article 80

National Deputies of Ukraine are guaranteed parliamentary immunity.

National Deputies of Ukraine are not legally liable for the results of voting or for statements made in Parliament and in its bodies, with the exception of liability for insult or defamation.

National Deputies of Ukraine shall not be held criminally liable, detained or arrested without the consent of the Verkhovna Rada of Ukraine.

Article 81

The authority of National Deputies of Ukraine terminates simultaneously with the termination of authority of the Verkhovna Rada of Ukraine.

The authority of a National Deputy of Ukraine terminates prior to the expiration of the term in the event of:

1. his or her resignation through a personal statement;
2. a guilty verdict against him or her entering into legal force;
3. a court declaring him or her incompetent or missing;
4. termination of his or her citizenship or his or her departure from Ukraine for permanent residence abroad;
5. his or her failure, within twenty days from the date of the emergence of circumstances leading to the infringement of requirements concerning the incompatibility of the deputy’s mandate with other types of activity, to remove such circumstances;
6. his or her failure, as having been elected from a political party (an electoral bloc of political parties), to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or his or her exit from such a faction;
7. his or her death.

The pre-term termination of the authority of a National Deputy of Ukraine shall also be caused by the early termination, under the Constitution of Ukraine, of authority of the Verkhovna Rada of Ukraine, with such termination of the Deputy’s authority taking effect on the date when the Verkhovna Rada of Ukraine of a new convocation opens its first meeting.

A decision on pre-term termination of the authority of a National Deputy of Ukraine on grounds referred to in subparagraphs (1), (4) of the second paragraph of this Article shall be made by the Verkhovna Rada of Ukraine, while the ground referred to in subparagraph (5) of the second paragraph of this Article shall be a matter to be decided by court.

Where a guilty verdict against a National Deputy of Ukraine becomes legally effective or where a court declares a National Deputy of Ukraine incompetent or missing, his or her powers terminate on the date when the court decision becomes legally effective, while in the event of the Deputy’s death – on the date of his or her death as certified by the relevant document.

Where a National Deputy of Ukraine, as having been elected from a political party (an electoral bloc of political parties), fails to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or exits from such a faction, the highest steering body of the respective political party (electoral bloc of political parties) shall decide to terminate early his or her authority on the basis of a law, with the termination taking effect on the date of such a decision.

Article 82

The Verkhovna Rada of Ukraine works in sessions.

The Verkhovna Rada of Ukraine is competent on the condition that no less than two-thirds of its constitutional composition has been elected.

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

The first meeting of the Verkhovna Rada of Ukraine is opened by the eldest National Deputy of Ukraine.

Article 83

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

Special sessions of the Verkhovna Rada of Ukraine, with the stipulation of their agenda, are convoked by the Chairman of the Verkhovna Rada of Ukraine, on the demand of no fewer National Deputies of Ukraine than one-third of the constitutional composition of the Verkhovna Rada of Ukraine, or on the demand of the President of Ukraine.

In the event that the President of Ukraine declares, by proclaiming a decree, martial law or a state of emergency upon the whole territory of Ukraine or in some areas of the State, the Verkhovna Rada of Ukraine shall assemble within two days without convocation.

In the event that the term of authority of the Verkhovna Rada of Ukraine expires while martial law or a state of emergency is in effect, its authority is extended until the day of the first meeting of the first session of the Verkhovna Rada of Ukraine , elected after the cancellation of martial law or of the state of emergency.

Rules on the conduct of work of the Verkhovna Rada of Ukraine shall be laid down in the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.

According to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Verkhovna Rada of Ukraine to include a majority of National Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine.

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine shall be formed within a month from the date of the first meeting of the Verkhovna Rada of Ukraine to be held following regular or special elections to the Verkhovna Rada of Ukraine, or within a month from the date when activities of a coalition of parliamentary factions in the Verkhovna Rada of Ukraine terminated.

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine submits to the President of Ukraine, in accordance with this Constitution, proposals concerning a candidature for the office of the Prime Minister of Ukraine and also, in accordance with this Constitution, submits proposals concerning candidatures for the membership of the Cabinet of Ministers of Ukraine.

Framework for forming, organising, and terminating activities of a coalition of parliamentary factions in the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.

A parliamentary faction in the Verkhovna Rada of Ukraine whose members make up a majority of National Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine shall enjoy the same rights under this Constitution as a coalition of parliamentary factions in the Verkhovna Rada of Ukraine.

Article 84

Meetings of the Verkhovna Rada of Ukraine are conducted openly. A closed meeting is conducted on the decision of the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

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

Voting at the meetings of the Verkhovna Rada of Ukraine is performed by a National Deputy of Ukraine in person.

Article 85

The authority of the Verkhovna Rada of Ukraine include:

1. introducing amendments to the Constitution of Ukraine within the limits and under the procedure specified in Chapter XIII of this Constitution;
2. designating an All-Ukrainian referendum on issues referred to in Article 73 of this Constitution;
3. adopting laws;
4. approving the State Budget of Ukraine and introducing amendments thereto; exercising control over the implementation of the State Budget of Ukraine and adopting decision in regard to the report on its implementation;
5. determining the principles of internal and foreign policy, realization of the strategic course of the state on acquiring full-fledged membership of Ukraine in the European Union and in the North Atlantic Treaty Organization;
6. approving national programmes of economic, scientific and technical, social, national and cultural development, and of the protection of the environment;
7. calling elections of the President of Ukraine within the terms specified in this Constitution;
8. hearing annual and special messages of the President of Ukraine on the internal and external situation of Ukraine;
9. declaring war upon the submission by the President of Ukraine and concluding peace; approving a decision by the President of Ukraine on the use of the Armed Forces of Ukraine and other military units in the event of armed aggression against Ukraine;
10. removing the President of Ukraine from office under a special procedure (impeachment) as provided for in Article 111 of this Constitution;
11. considering and adopting a decision in regard to the approval of the Programme of Activity of the Cabinet of Ministers of Ukraine;
12. appointing to office – upon the submission by the President of Ukraine – the Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine; appointing to office – upon the submission by the Prime Minister of Ukraine – other members of the Cabinet of Ministers of Ukraine, the Chairperson of the Antimonopoly Committee of Ukraine, the Head of the State Committee on Television and Radio Broadcasting of Ukraine, and the Head of the State Property Fund of Ukraine; dismissing from office the officials mentioned above; deciding on the resignation of the Prime Minister of Ukraine and of members of the Cabinet of Ministers of Ukraine;
13. appointing to office and dismissing from office – upon the submission by the President of Ukraine – the Head of the Security Service of Ukraine;
14. exercising control over activities of the Cabinet of Ministers of Ukraine, in accordance with this Constitution and law;
15. confirming decisions on loans and economic aid to be granted by Ukraine to foreign states and international organisations and also decisions on the receipt by Ukraine of loans not envisaged by the State Budget of Ukraine from foreign states, banks and international financial organisations; exercising control over the use of such funds;
16. adopting the Rules of Procedure of the Verkhovna Rada of Ukrane;
17. appointing to office and dismissing from office the Chairperson and other members of the Chamber of Accounting;
18. appointing to office and dismissing from office the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine; hearing his or her annual reports on the situation with regard to the observance and protection of human rights and freedoms in Ukraine;
19. appointing to office and dismissing from office the Head of the National Bank of Ukraine upon the submission by the President of Ukraine;
20. appointing to office and dismissing one-half of the membership of the Council of the National Bank of Ukraine;
21. appointing to office and dismissing one-half of the membership of the National Council of Ukraine on Television and Radio Broadcasting;
22. appointing to office and dismissing from office, upon the submission of the President of Ukraine, the members of the Central Electoral Commission;
23. approving the general structure and numerical strength of the Security Service of Ukraine, the Armed Forces of Ukraine, other military units created in accordance with laws of Ukraine, and of the Ministry of Internal Affairs of Ukraine, as well as defining their functions;
24. approving decisions on providing military assistance to other states, on sending units of the Armed Forces of Ukraine to a foreign state, or on admitting units of armed forces of foreign states onto the territory of Ukraine;
25. establishing national symbols of Ukraine;
26. granting consent for appointment to office and dismissal by the President of Ukraine of the Prosecutor General; expressing no-confidence in the Prosecutor General resulting in his or her dismissal from office;
27. appointment of one-third of the composition of the Constitutional Court of Ukraine;
28. (Repealed);
29. early termination of the authority of the Verkhovna Rada of the Autonomous Republic of Crimea where the Constitutional Court of Ukraine finds that the Verkhovna Rada of the Autonomous Republic of Crimea has violated the Constitution of Ukraine or laws of Ukraine; calling special elections to the Verkhovna Rada of the Autonomous Republic of Crimea;
30. establishing and abolishing districts, establishing and altering the boundaries of districts and cities, assigning localities to the category of cities, naming and renaming localities and districts;
31. calling regular and special elections to bodies of local self-government;
32. giving its approval to decrees by the President of Ukraine – within two days from the moment of the President’s address – on introducing a state of martial law or of emergency in Ukraine or in its some areas, on declaring total or partial mobilisation, and on declaring particular areas to be ecological emergency zones;
33. granting consent – by adopting a law – to the binding nature of international treaties of Ukraine and denouncing international treaties of Ukraine;
34. exercising parliamentary control within the scope provided for by this Constitution and law;
35. adopting decisions on forwarding an inquiry to the President of Ukraine at request by a People’s Deputy of Ukraine, a group of People’s Deputies of Ukraine or by a Committee of the Verkhovna Rada of Ukraine, provided that such a request has been previously supported by no less than one- third of the constitutional composition of the Verkhovna Rada of Ukraine;
36. appointing to office and dismissing the Head of Staff of the Verkhovna Rada of Ukraine; approving the budget of the Verkhovna Rada of Ukraine and the structure of its staff;
37. approving the list of objects owned by the State that are not subject to privatisation; establishing legal principles of the expropriation of objects of private ownership;
38. approving by law of the Constitution of the Autonomous Republic of Crimea and amendments thereto.

The Verkhovna Rada of Ukraine shall also exercise other powers falling within its competence under the Constitution of Ukraine.

Article 86

At a session of the Verkhovna Rada of Ukraine, a National Deputy of Ukraine has the right to present an inquiry to the bodies of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, chief officers of other bodies of state power and bodies of local self-government, and also to the chief executives of enterprises, institutions and organisations located on the territory of Ukraine, irrespective of their subordination and forms of ownership.

Chief officers of bodies of state power and bodies of local self-government, chief executives of enterprises, institutions and organisations are obliged to notify a National Deputy of Ukraine of the results of the consideration of his or her inquiry.

Article 87

The Verkhovna Rada of Ukraine, on the proposal of the President of Ukraine or no fewer National Deputies of Ukraine than one-third of its constitutional composition, may consider the issue of responsibility of the Cabinet of Ministers of Ukraine and adopt a resolution of no confidence in the Cabinet of Ministers of Ukraine by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

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

Article 88

The Verkhovna Rada of Ukraine elects from among its members the Chairman of the Verkhovna Rada of Ukraine, the First Deputy Chairman and the Deputy Chairman of the Verkhovna Rada of Ukraine, and recalls them from these offices.

The Chairman of the Verkhovna Rada of Ukraine:

1. presides at meetings of the Verkhovna Rada of Ukraine;
2. organises work of the Verkhovna Rada of Ukraine and co-ordinates activities of its bodies;
3. signs acts adopted by the Verkhovna Rada of Ukraine;
4. represents the Verkhovna Rada of Ukraine in relations with other bodies of state power of Ukraine and with the bodies of power of other states;
5. organises the work of the staff of the Verkhovna Rada of Ukraine.

The Chairman of the Verkhovna Rada of Ukraine exercises authority envisaged by this Constitution, by the procedure established by the Rules of Procedure of the Verkhovna Rada of Ukraine.

Article 89

To perform the work of legislative drafting, to prepare and conduct the preliminary consideration of issues ascribed to its authority as well as to exercise control functions according to the Constitution of Ukraine the Verkhovna Rada of Ukraine establishes from National Deputies of Ukraine Committees of the Verkhovna Rada of Ukraine, and elects Chairmen to these Committees, their First Deputies, Deputies and Secretaries.

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

To investigate issues of public interest, the Verkhovna Rada of Ukraine establishes temporary investigatory commissions, if no less than one-third of the constitutional composition of the Verkhovna Rada of Ukraine has voted in favour thereof.

The conclusions and proposals of temporary investigatory commissions are not decisive for investigation and court.

The organisation and operational procedure of Committees of the Verkhovna Rada of Ukraine, and also its temporary special and temporary investigatory commissions, are established by law.

Article 90

The authority of the Verkhovna Rada of Ukraine is terminated on the day of the opening of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.

The President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of term, if:

1. there is a failure to form within one month a coalition of parliamentary factions in the Verkhovna Rada of Ukraine as provided for in Article 83 of this Constitution;
2. there is a failure, within sixty days following the resignation of the Cabinet of Ministers of Ukraine, to form the personal composition of the Cabinet of Ministers of Ukraine;
3. the Verkhovna Rada of Ukraine fails, within thirty days of a single regular session, to commence its plenary meetings.

The early termination of powers of the Verkhovna Rada of Ukraine shall be decided by the President of Ukraine following relevant consultations with the Chairman and Deputy Chairmen of the Verkhovna Rada of Ukraine and with Chairmen of Verkhovna Rada parliamentary factions.

The authority of the Verkhovna Rada of Ukraine, that is elected at special elections conducted after the pre-term termination by the President of Ukraine of authority of the Verkhovna Rada of Ukraine of the previous convocation, shall not be terminate d within one year from the day of its election.

The authority of the Verkhovna Rada of Ukraine shall not be terminated during the last six months of the term of authority of the Verkhovna Rada of Ukraine or President of Ukraine.

Article 91

The Verkhovna Rada of Ukraine adopts laws, resolutions and other acts by the majority of its constitutional composition, except in cases envisaged by this Constitution.

Article 92

The following are determined exclusively by the laws of Ukraine:

1. human and citizens’ rights and freedoms, the guarantees of these rights and freedoms; the main duties of the citizen;
2. citizenship, the legal personality of citizens, the status of foreigners and stateless persons;
3. the rights of indigenous peoples and national minorities;
4. the procedure for the use of languages;
5. the principles of the use of natural resources, the exclusive (maritime) economic zone and the continental shelf, the exploration of outer space, the organisation and operation of power supply systems, transportation and communications;
6. the fundamentals of social protection, the forms and types of pension provision; the principles of the regulation of labour and employment, marriage, family, the protection of childhood, motherhood and fatherhood; upbringing, education, culture and health care; ecological safety;
7. the legal regime of property;
8. the legal principles and guarantees of entrepreneurship; the rules of competition and the norms of antimonopoly regulation;
9. the principles of foreign relations, foreign economic activity and customs;
10. the principles of the regulation of demographic and migration processes;
11. the principles of the establishment and activity of political parties, other associations of citizens, and the mass media;
12. the organisation and activity of bodies of executive power, the fundamentals of civil service, the organisation of state statistics and informatics;
13. the territorial structure of Ukraine;
14. the judiciary, the judicial proceedings, the status of judges; the principles of judicial expertise; the organisation and operation of the prosecution, the notary, the bodies of pre-trial investigation, the bodies and institutions for the execution of punishments; the procedure for enforcement of the court decisions; the fundamentals of the organisation and functioning of the bar;
15. the principles of local self-government;
16. the status of the capital of Ukraine; the special status of other cities;
17. the fundamentals of national security, the organisation of the Armed Forces of Ukraine and ensuring public order;
18. the legal regime of the state border;
19. the legal regime of martial law and a state of emergency, zones of an ecological emergency situation;
20. the organisation and procedure for conducting elections and referendums;
21. the organisation and operational procedure of the Verkhovna Rada of Ukraine, the status of National Deputies of Ukraine;
22. the principles of civil legal liability; acts that are crimes, administrative or disciplinary offences, and liability for them.

The following are established exclusively by the laws of Ukraine:

1. the State Budget of Ukraine and the budgetary system of Ukraine; the system of taxation, taxes and levies; the principles of the formation and operation of financial, monetary, credit and investment markets; the status of the national currency and also the status of foreign currencies on the territory of Ukraine; the procedure for the formation and payment of state domestic and foreign debt; the procedure for the issuance and circulation of state securities, their types and forms;
2. the procedure for deploying units of the Armed Forces of Ukraine to other states; the procedure for admitting and the terms for stationing units of armed forces of other states on the territory of Ukraine;
3. units of weight, measure and time; the procedure for establishing state standards;
4. the procedure for the use and protection of state symbols;
5. state awards;
6. military ranks, diplomatic and other special ranks;
7. state holidays;
8. the procedure for the establishment and functioning of free and other special zones that have an economic and migration regime different from the general regime.

Amnesty is declared by the law of Ukraine.

Article 93

The right of legislative initiative in the Verkhovna Rada of Ukraine belongs to the President of Ukraine, the National Deputies of Ukraine, the Cabinet of Ministers of Ukraine.

Draft laws defined by the President of Ukraine as not postponable, are considered out of turn by the Verkhovna Rada of Ukraine.

Article 94

The Chairman of the Verkhovna Rada of Ukraine signs a law and forwards it without delay to the President of Ukraine.

Within fifteen days of the receipt of a law, the President of Ukraine signs it, accepting it for execution, and officially promulgates it, or returns it to the Verkhovna Rada of Ukraine with substantiated and formulated proposals for repeat consideration.

In the event that the President of Ukraine has not returned a law for repeat consideration within the established term, the law is deemed to be approved by the President of Ukraine and shall be signed and officially promulgated.

Where a law, during its repeat consideration, is again adopted by the Verkhovna Rada of Ukraine by no less than two-thirds of its constitutional composition, the President of Ukraine is obliged to sign and to officially promulgate it within ten days. In the event that the President of Ukraine does not sign such a law, it shall be without delay promulgated officially by the Chairman of the Verkhovna Rada of Ukraine and published under his or her signature.

A law enters into force in ten days from the day of its official promulgation, unless otherwise envisaged by the law itself, but not prior to the day of its publication.

Article 95

The budgetary system of Ukraine is built on the principles of just and impartial distribution of social wealth among citizens and territorial communities.

Any state expenditures for the needs of the entire society, the extent and purposes of these expenditures, are determined exclusively by the law on the State Budget of Ukraine.

The State aspires to a balanced budget of Ukraine.

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

Article 96

The State Budget of Ukraine is annually approved by the Verkhovna Rada of Ukraine for the period from 1 January to 31 December, and under special circumstances for a different period.

The Cabinet of Ministers of Ukraine submits the draft law on the State Budget of Ukraine for the following year to the Verkhovna Rada of Ukraine no later than on 15 September of each year. The report on the course of the implementation of the State Budget of Ukraine in the current year is submitted together with the draft law.

Article 97

The Cabinet of Ministers of Ukraine submits the report on the implementation of the State Budget of Ukraine to the Verkhovna Rada of Ukraine in accordance with the law.

The submitted report shall be made public.

Article 98

The Chamber of Accounting exercises control over State Budget revenues and the use of State Budget funds on behalf of the Verkhovna Rada of Ukraine.

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

Article 99

The monetary unit of Ukraine is the hryvnia.

To ensure the stability of the monetary unit is the major function of the central bank of the State – the National Bank of Ukraine.

Article 100

The Council of the National Bank of Ukraine elaborates the basic principles of monetary and credit policy and exercises control over its execution.

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

Article 101

The Authorised Human Rights Representative of the Verkhovna Rada of Ukraine exercises parliamentary control over the observance of constitutional human and citizens’ rights and freedoms.