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LAW OF UKRAINE On Approval of the Constitution of the Autonomous Republic of Crimea

 

(The Bulletin of the Supreme Rada of Ukraine (VVR), 1999, No. 5-6, Art. 43)

As amended by the Law of Ukraine dated 19 March 2009, numbered 1167-VI

 which shall take effect on the day of opening of the first session of the Supreme Rada

 of the Autonomous Republic of Crimea whose members shall be elected

 at the next regular election to the Supreme Rada of the Autonomous Republic of Crimea

to be held in the year 2010

 

The specific provisions of this Law are constitutional

(on the strength of the decision of the Constitutional Court of Ukraine

dated 16 January 2003, numbered 1-рп/2003)


CONSTITUTION OF THE AUTONOMOUS REPUBLIC OF CRIMEA

Adopted at the second session of the Supreme Rada of the Autonomous Republic of Crimea on 21 October 1998

{The Constitution of the Autonomous Republic of Crimea is approved by the Law of Ukraine dated 23/12/1998, numbered 350-XIV,The Bulletin of the Supreme Rada of Ukraine (VVR), 1999, No. 5-6, Art. 43}

As amended by the Law of Ukraine dated 19 March 2009, numbered 1167-VI  which shall take effect on the day of opening of the first session of the Supreme Rada of the Autonomous Republic of Crimea whose members shall be elected at the next regular election to the Supreme Rada of the Autonomous Republic of Crimea to be held in the year 2010

The Supreme Rada of the Autonomous Republic of Crimea, pursuant to the Constitution of Ukraine and the Law of Ukraine On the Supreme Rada of the Autonomous Republic of Crimea dated 10 February 1998 and being guided by the interests of the Crimeans,

 

DOES HEREBY ADOPT this CONSTITUTION OF THE AUTONOMOUS REPUBLIC OF CRIMEA

 

SECTION I GENERAL PROVISIONS

 

CHAPTER 1.

Constitutional Foundations of Status and Powers of the Autonomous Republic of Crimea, Principles and Guarantees of the Autonomous Republic of Crimea

 

Article 1.

Status of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea

 

1. The Autonomous Republic of Crimea shall be an integral part of Ukraine and it shall solve, within the powers conferred upon it by the Constitution of Ukraine, any and all matters coming within its terms of reference.

The Autonomous Republic of Crimea shall also exercise any and all powers as may be delegated to it by Ukrainian laws pursuant to the Constitution of Ukraine.

2. The powers, formation procedure and proceedings of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be determined by the Constitution of Ukraine and Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea upon the matters coming within its terms of reference.

3. The Supreme Rada of the Autonomous Republic of Crimea shall be a representative body of the Autonomous Republic of Crimea and it shall discharge and exercise representative, rule-making and supervisory functions and powers within its terms of reference.

The Council of Ministers of the Autonomous Republic of Crimea shall be an executive body of the Autonomous Republic of Crimea and it shall discharge and exercise executive functions and powers within its terms of reference.

4. The organisation and business of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be based on separation of powers between them, control by, accountability to and responsibility vis-a-vis the Supreme Rada of the Autonomous Republic of Crimea, the same being a representative body elected directly by citizens, of the bodies established or formed by it, and of the functionaries elected, appointed or approved by the Supreme Rada of the Autonomous Republic of Crimea.

 

Article 2.

Legal Foundations and Guarantees of Status and Powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea

 

1. The legal foundation of the status and powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be the Constitution of Ukraine, Ukrainian laws and the Constitution of the Autonomous Republic of Crimea.

 

2. In the event where the provisions of the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the acts of the Council of Ministers of the Autonomous Republic of Crimea should contradict the Constitution of Ukraine and/or Ukrainian laws, the provisions of the Constitution of Ukraine and Ukrainian laws shall prevail.

Article 3.

Fundamental Principles and Guarantees of the Autonomous Republic of Crimea

 

1. The fundamental principles of the Autonomous Republic of Crimea shall be:

 

sovereignty of the people;

 

supremacy of law;

constitutionalism;

respect for and securing of human and civil rights and freedoms;

legality;

electiveness;

collectiveness;

publicity; and concord of the interests of the Autonomous Republic of Crimea and the national interests of Ukraine.

2. The fundamental guarantees of the Autonomous Republic of Crimea shall be:

legal, organisational, financial, property and resource self-sufficiency within the limits established by the Constitution of Ukraine which shall secure the exercise of the powers of the Autonomous Republic of Crimea;

taking into account of the specifics of the Autonomous Republic of Crimea, as provided for by the Constitution of Ukraine, by Ukrainian public authorities when passing resolutions regarding the Autonomous Republic of Crimea;

state guarantees of the status, powers and the right of property of the Autonomous Republic of Crimea; and  

judicial protection of the status and powers of the Autonomous Republic of Crimea.


Article 4.

Constitution of the Autonomous Republic of Crimea, Statutory Acts of the Supreme Rada of the Autonomous Republic of Crimea and Acts of the Council of Ministers of the Autonomous Republic of Crimea

 

1. The Constitution of the Autonomous Republic of Crimea shall be adopted on the basis of and pursuant to the Constitution of Ukraine.

2. The Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea shall be published in the official language, as well as in Russian and Crimean Tatar.

3. The norms of the Constitution of the Autonomous Republic of Crimea shall have direct action.

4. Any and all statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea or any provisions thereof which shall prove to be contradictory to the Constitution of the Autonomous Republic of Crimea shall be of no legal force and effect.

Such acts may be appealed against in court by persons whose rights and interests have been violated and such acts may be recognised by court as void, unless otherwise established by Ukrainian law.

The Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be entitled to repeal their acts, whether in full or in part.

5. Any and all statutory acts regarding human and civil rights and freedoms and/or establishing human and civil duties shall take effect after promulgation in accordance with the established procedure.

6. The statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea shall be binding and compulsory within the territory of the Autonomous Republic of Crimea.

 (...)

SECTION V

GUARANTEES OF STATUS AND POWERS OF THE AUTONOMOUS REPUBLIC OF CRIMEA

Article 48.

Guarantying and Securing Status and Powers of the Autonomous Republic of Crimea

1. The status and powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea established by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea and Ukrainian laws shall be guaranteed by the State of Ukraine and secured by the democratic institutions of the society, the activity of public authorities, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea, bodies of local self-government, citizens and their associations.

2. The Supreme Rada of the Autonomous Republic of Crimea may, by a resolution of an advisory republican (local) referendum, make motions on alterations regarding the limitation of the status and powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea determined by the Constitution of Ukraine and Ukrainian laws.

The Constitution of the Autonomous Republic of Crimea may only be altered and amended by the Supreme Rada of the Autonomous Republic of Crimea.



 

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