Constitution Of Ukraine J Kravinsjka Language Trainer 30 09 2012

Constitution Of Ukraine J. Kravinsjka Language Trainer 30/09/2012

Outline of the Presentation 1. 2. 3. Key Information Constitutional Process in Ukraine The Principles of Constitution

Definition n n The nation’s fundamental law Legal corpus - conform to the constitution Constitutional Court of Ukraine develops and strengthens a democratic, social, law-based state the guarantee of human rights and freedoms

History n n the Act of Declaration of the Independence of Ukraine of 24 August 1991 28 June 1996 – 5 th session of Verkhovna Rada 315 voted yes out of 450 votes possible (300 ayes minimum) overnight parliamentary session - "the constitutional night of 1996. "

Structure n 15 chapters 1. General Principles 2. Human and Citizens' Rights, Freedoms and Duties 3. Elections. Referendums 4. Verkhovna Rada of Ukraine 5. President of Ukraine 6. Cabinet of Ministers of Ukraine. Other Bodies of Executive Power 7. Prokuratura 8. Justice 9. Territorial Structure of Ukraine 10. Autonomous Republic of Crimea 11. Local Self-Government 12. Constitutional Court of Ukraine 13. Introducing Amendments to the Constitution of Ukraine 14. Final Provisions 15. Transitional Provisions

Amendments n n n two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine On December 8, 2004 - presidentional election crisis On October 1, 2010 the Constitutional court overturned the amendment of 08/12/2004

The Idea of Amendments n n 2004 - a parliamentary-presidential republic, with the Parliament receiving much wider authorities 2010 - 252 MPs requested the Constitutional Court to return to the original Constitution

Venice Commission n n November 18, 2010 "The opinion of the Constitutional situation in Ukraine" "It (The Venice Commission) also considers highly unusual that far-reaching constitutional amendments, including the change of the political system of the country - from a parliamentary system to a parliamentary presidential one - are declared unconstitutional by a decision of the Constitutional Court after a period of 6 years. . As Constitutional Courts are bound by the Constitution and do not stand above it, such decisions raise important questions of democratic legitimacy and the rule of law"

General Principles n n Article 1 Ukraine is a sovereign and independent, democratic, social, law-based state. Article 2 The sovereignty of Ukraine extends throughout its entire territory. Ukraine is a unitary state… Article 5 Ukraine is a republic…. Article 6 State power in Ukraine is exercised on the principles of its division into legislative, executive, and judicial power.

Autonomous Republic of Crimea n n Article 134 The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine. Article 135 The Autonomous Republic of Crimea has the Constitution of the Autonomous Republic of Crimea that is adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the Verkhovna Rada of Ukraine by no less than one-half of the consti tutional composition of the Verkhovna Rada of Ukraine.

Constitutional Court n n October 18, 1996 Ukraine’s Constitution Chapter XII 18 judges - appointed for 9 years President, at least 45 members of the parliament, the Supreme Court of Ukraine, the Ombudsman, or the Crimean parliament

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