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Handout: Excerpts From the Ukrainian Constitution





 

Chapter I, Article 1

· Ukraine is a sovereign and independent, democratic, social, law-based state.

 

Chapter II, Article 21

· All individuals are free and equal in their dignity and rights. The rights and freedoms of the individuals are inalienable and inviolable.

 

Chapter II, Article 24

· Citizens have equal Constitutional rights and freedoms are equal before the law.

· There shall be no privileges or restrictions based upon race, color of skin, political, religious, and other beliefs, sex, ethnic and social origin, wealth, place of residence, on the basis of language or other characteristics.

· The equality of women and men is guaranteed.

 

Chapter II, Article 27

· Every person has the inalienable right to life.

· No one person may voluntarily deprive a person of his life.

 

Chapter II, Article 28

· Every person has the right to have his dignity respected.

· No person shall be subjected to torture, violent, inhumane, or degrading treatment or punishment that violates his personal dignity.

· No person shall be subjected to medical of scientific experiments without his free consent.

 

Chapter II, Article 29

· Every person has the right to freedom and personal inviolability.

· No person may be arrested or held in custody except pursuant to a court order and based only upon reasons and according to procedures established by law.

· At any time, every detained person shall have the right to challenge his detention in court.

· Relatives of an arrested or detained person shall be informed immediately of his arrest or detention.

 

Chapter II, Article 30

· Every person is guaranteed the inviolability of his domicile.

· Entry into a domicile or other personal property in order to conduct an examination or search is prohibited except in cases where so ordered by a court.

 

Chapter II, Article 31

· Every person is guaranteed privacy of mail, telephone conversations, telegraph, and other messages. Exceptions may be established only by the courts in cases, foreseen by law, with the purpose of preventing crimes or to determine the truth in conducting investigation of criminal cases, if it is impossible to obtain the information by other means.

 

Chapter II, Article 34

· Every person has the right to the right and freedom of thought and speech, to the free expression of his views and convictions.

· Every person has the right to freely gather, use and disseminate information orally, in written form, or by other means – at his choice.

· The realization of these freedoms may be limited by law in the interests of national security, territorial integrity, or the public order with the purpose of preventing disturbances to crimes, to protect the health of population, to protect the reputation or rights of other individuals, to prevent the publication of information received confidentially, or to support the reputation or impartiality of justice.

 

Chapter II, Article 35

· Every person has the right to freedom of conscience and religion.

· The execution of this right may be limited by law only in the interests of the protection of the public order, the health and morality of the population, or for the protection of the rights and freedoms of other individuals.

· The Church and religious organizations in Ukraine shall be separate from the State, and schools – from the Church. No religion may be recognized as mandatory by the State.

 

Chapter II, Article 36

· Citizens of Ukraine have the right to freely associate in political parties and public organizations for the realization and protection of their rights and freedoms and for the satisfaction of their political, economic, social, cultural, and other interests…

· Political parties in Ukraine promote the formation and expression of the political will of citizens…

· Citizens have the right to membership in professional unions in order to protect their employment and socioeconomic rights and interests.

· No person may be forced to join any public association nor have his rights restricted for membership or non-membership in any political party or public association.

 

Chapter II, Article 38

· Citizens shall have the right to participate in the administration of state affairs, in all-Ukrainian and local referenda, to freely elect and to be elected organs of state authority and organs of local self-government.

· Citizens enjoy the equal right of access to state service…

 

Chapter II, Article 39

· Citizens have the right to assemble peacefully, without arms, and to conduct assemblies, meetings, processions, and demonstrations, following the timely notification of organs of state authority or organs of local self-government.

· Restrictions of the exercise of this right may be prescribed on the basis of a court decision according to the law and only in the interests of national security or public order…

 

Chapter II, Article 41

· Every person has the right to control, use, and manage his property, as well as the results of his intellectual, creative work.

· The right to private ownership is obtained according to the procedure prescribed by law.

· No person may be illegally deprived of the right to ownership.

· The forced taking of private property may occur only for reasons of a societal necessity, for reasons and according to the procedure prescribed by law, and on the condition of the previous and full compensation of its value.

· The forced taking of private property with subsequent full compensation is permitted only under conditions of martial law or an emergency situation.

 

Chapter II, Article 44

· Those who work have the right to strike for the protection of their economic and social interests.

· No person may be forced to participate in or not participate in a strike.

· The prohibition of a strike is possible only on the basis of the law.

 

Chapter II, Article 45

· Every working person has the right to rest.

· This right is ensured by the provision of weekly rest days, and also annual paid vacation time, the shortening of daily business hours for certain professions and industries, shortened work hours at night.

· The maximum number of working hours, the minimum duration of rest and annual paid vacations, as well as non-working days and holidays, and other conditions for exercising this right shall be prescribed by law.

 

Chapter II, Article 46

· Citizens have a right to social security which includes their right of provision, in case of illness, partial or complete disability, loss of the provider, unemployment under circumstances unrelated to their fault, and in old age, and in other instances foreseen by law.

· Pensions, and other state expenditures and assistance, which are the primary sources of income, shall provide a standard of living not lower than a minimum living standard established by law.

 

Chapter II, Article 47

· Every person has a right to housing. The State creates the conditions for each citizen to have the opportunity to build housing, purchase, or lease it.

· No person can be forcible deprived of housing in any way other than by court decision on the basis of law.

 

Chapter II, Article 49

  • Every person has the right to health protection, medical care, and medical insurance.

 

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