What is the new (redaction) of the Constitution of Ukraine?

Yury CHERNETSKY, doctor of sociological sciences, candidate of economic sciences, director of the East Ukrainian Center for Economic Research and Consulting (Kharkiv), author of 8 books and more than 300 articles

For the magazine "Newsky» a series of articles devoted to the preparation of the updated Constitutions of Ukraine, I am deliberately writing in Russian for two reasons. On the one hand, the construction of a new state is the common cause of the entire Ukrainian people (Ukrainian Nation), all citizens: both predominantly Ukrainian-speaking, and predominantly Russian-speaking, and predominantly Crimean Tatar-speaking, and so on, without any ethno-linguistic restrictions. But Russian-speaking Ukrainians are the second largest such group in our country. On the other hand, according to my feelings, at least HALF of them are part of the Ukrainian military formations, which overshadowed the country, the people and Europe during the war in Donbass. I am writing in Russian as a sign of special gratitude to these faithful sons (and daughters!) of Ukraine and in the hope that they will make an equally outstanding contribution to the construction of a new Ukrainian society.

Summarizing what was said in the first article of the cycle, I presented the fully proposed version of the constitutional preamble. All changes and additions proposed here and further (in Ukrainian) are presented for consideration by the Verkhovna Rada and the President of Ukraine. My own wording is in italics:

«We, Украинская Нация (Ukrainian people) are citizens of Ukraine of all nationalities,

expressing sovereign will Ukrainian of the people

based on the centuries-old history of Ukrainian state construction and on the basis implemented by the Ukrainian Nation the right to self-determination,

taking care to ensure human rights and freedoms, development of culture, science, education and economy in order to guarantee a decent quality of life to all citizens of Ukraine,

claiming civil consent on the land of Ukraine,

striving to develop and strengthen a democratic, social, legal state, based on the principles of freedom and a just social order,

realizing the responsibility before God or before own conscience, previous, current and future generations,

guided by the Act of Proclamation of the Independence of Ukraine dated August 24, 1991, approved by a national vote on December 1, 1991,

acceptrd this Constitution is the Basic Law of Ukraine".

Further in this article, I will focus on the problem of the constitutional definition of such a characteristic of the state system and element of the form of the state as form of government. In the previous article of the cycle, the proposal to supplement Article 2 of our Constitution is substantiated as follows: "Ukraine is a unitary state. Administrative regions that are part of Ukraine in accordance with the second part of Article 133 of this Constitution are granted and guaranteed the right to self-government". Naturally, this norm requires development, substantive content, comprehensive specification.

In peacetime, he focused on the creative borrowing of the corresponding provisions of the Spanish Constitution. There, the spheres of exclusive competence of central and regional authorities are described in great detail, indeed in detail. However, now, during the Great Patriotic War of the people of Ukraine, complicated by elements of civil conflict (however, they are to one degree or another inherent in all national liberation wars, which I show on the example of the USA in the historical section of my book "All about New York": I think it is right for now to move not so much the second way, but more cautiously.

"Crucifixion" of the Constitution '13

"Crucifixion" of the Constitution '13

Maidan, February '14

Adoption of the first Constitution of Ukraine

Adoption of the first Constitution of Ukraine

"Crucifixion" of the Constitution

In the conditions of occupation, the territory of the Autonomous Republic of Crimea and the city of Sevastopol looks like a premature radical amendment of the constitutional provisions that concern these administrative regions of Ukraine. Instead, I propose without delay to raise the constitutional status of the regions to the level already established for the ARC in the current Constitution of Ukraine. In my opinion, this, on the one hand, does not pose any additional threat to the territorial integrity of the state, and on the other hand, it will demonstrate the readiness of both the Ukrainian Nation and the current government for real decentralization and comprehensive development of self-government in Ukraine.

Not because Russia so easily, almost without resistance, annexed the "Island of Crimea" that the local republic had the right to autonomy! And because in Ukraine in fact, the occupation, miserable collaborationist, essentially anti-Ukrainian regime of the Eunushkovs was established. And because this regime, fulfilling the task of the Kremlin, the FSB, and the entire Moscow Orthodox-Satanic mafia, destroyed our army, subjugated our intelligence services, struck with "biological weapons" - viruses of the slave-Khokhlyat and communist-imperial ideology - the consciousness of a significant part of even of the country's "mainland" population. Finally, because racism (that is, Russian fascism) prevailed in Sevastopol and - to a lesser extent - in the rest of Crimea, as the ideology of a blatantly active minority that reached for arms.

After all, even in recent history, "a rifle gives birth to power", which is confirmed by all the bloodiest dictators of the last century: Stalin, Hitler, Pol Pot... And the madmen of the new century, like the fuhrers of North Korea, ISIL, neighboring with a pack of Zhirinovskys, Zyuganovs, Mironovs, Glasevs, Dugynykh, limonovykh, (dm.) kisselovykh, Leontyevykh, (own.) nightingale, Borodaevy, Strelkovyh-Gyrkinyh, Surkovyh, Gubarevyh, Zakharchenko, Plotnitskyh, and other motorolas.

But now there is a war, the battles of which we are obliged to win, including on such a specific battlefield as constitutional creativity. The true heirs of the great Kievan Rus' and freedom-loving Novgorod Rus' cannot create their own Constitution according to Putin's model! Therefore, please see below, dear readers.

Constitution of Ukraine

First Constitution of Ukraine by Pylyp Orlyk

Variant of the Coat of Arms of Ukraine

Guardian Angel "Guardian"

The smallest Constitution of Ukraine

application

THE PROPOSED TEXT OF SECTIONS IX–X OF THE CONSTITUTION OF UKRAINE

(changes and additions highlighted in italics)

Section IX

TERRITORIAL ORGANIZATION OF UKRAINE

Article 132. Territorial organization of Ukraine is based on the principles of unity and integrity of the state territory, combination of centralization and decentralization in the exercise of state power, balance interests and social and economic development of regions, taking into account their historical, economic, ecological, geographical and demographic features, ethnic and cultural traditions.

Article 133. The system of administrative and territorial organization of Ukraine consists of: Autonomous Republic of Krym, large administrative regions (regions), districts, cities, districts in cities, settlements and villages.

Ukraine includes: Autonomous Republic of Krym, Vinnytsia, Volyn, Dnipropetrovsk, Donetsk, Zhytomyr, Zakarpattia, Zaporozhye, Ivano-Frankivsk, Kyiv, Kirovohrad, Luhansk, Lviv, Nikolaev, Odesa, Poltava, Rivne, Sumy, Ternopil, Kharkiv, Kherson, Khmelnytsky, Cherkasy, Chernivtsi, Chernihiv administrative regions (regions), the cities of Kyiv and Sevastopol.

The cities of Kyiv and Sevastopol have a special status, which is determined by the laws of Ukraine.

Section X

AUTONOMOUS REPUBLIC OF CRIMEA AND LARGER ADMINISTRATIVE REGIONS (OBLASTS) OF UKRAINE

Article 134. Autonomous Republic of Krym and large administrative regions (regions) are integralyum compositionyum oftenyami of Ukraine and within the limits of the powers determined by the Constitution of Ukraine, resolvegt; questions related to their management

Article 135. The Autonomous Republic of Krym has the Constitution of the Autonomous Republic of Krym, which is adopted by the Verkhovna Rada of the Autonomous Republic of Krym and approved by the Verkhovna Rada of Ukraine no less than two thirds from the constitutional composition of the Verkhovna Rada of Ukraine.

The Autonomous Republic of Krym is the cultural and national autonomy of the Crimean Tatar people of Ukraine. Along with the Ukrainian language, in accordance with the first part of Article 10 of this Constitution, which is the state language of Ukraine, the Crimean Tatar language is the official language of the Autonomous Republic of Crimea.

Each of the large administrative regions (oblasts) has a Statute of the administrative region, which is adopted by the corresponding Regional Council and approved by the Verkhovna Rada of Ukraine by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.

Normative and legal acts of the Verkhovna Rada of the Autonomous Republic of Krym and Regional Councils of large administrative regions (oblasts) and decisions of the Council of Ministers of the Autonomous Republic of Krym and Executive Committees of Regional Councils of large administrative regions (oblasts) cannot conflict with the Constitution and laws of Ukraine and are adopted in accordance with the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine and their implementation.

Article 136. The representative body of the Autonomous Republic of Krym is the Verkhovna Rada of the Autonomous Republic of Krym, whose deputies are elected on the basis of general, equal, direct suffrage by secret ballot. The term of office of the Verkhovna Rada of the Autonomous Republic of Crimea, whose deputies are elected at regular elections, is five years. Termination of the powers of the Verkhovna Rada of the Autonomous Republic of Krym results in the termination of the powers of its deputies.

The next election to the Verkhovna Rada of the Autonomous Republic of Krym is held on the last Sunday of October of the fifth year by the plenipotentiary of the Verkhovna Rada of the Autonomous Republic of Krym, elected in the next election.

Verkhovna Rada of the Autonomous Republic of Krym, within the limits of its powers, adopts decisions and resolutions that are mandatory for implementation in the Autonomous Republic of Krym.

The representative body of a large administrative region (oblast) is the Regional Council of the corresponding administrative region, whose deputies are elected on the basis of general, equal, direct suffrage by secret ballot. The term of office of the Regional Council of a large administrative region (oblast), whose deputies are elected at regular elections, is five years. The termination of the powers of the Regional Council of a large administrative region (oblast) results in the termination of the powers of its deputies.

Regular elections to the Regional Council of a large administrative region (oblast) are held on the last Sunday of October of the fifth year by the plenipotentiary of the Regional Council of a large administrative region (oblast), elected at the next election.

The Regional Council of a large administrative region (oblast) adopts decisions and resolutions within its powers that are mandatory for implementation in the corresponding administrative region.

The Government of the Autonomous Republic of Krym is the Council of Ministers of the Autonomous Republic of Krym. The Chairman of the Council of Ministers of the Autonomous Republic of Krym is appointed and dismissed by the Verkhovna Rada of the Autonomous Republic of Krym in agreement with the President of Ukraine.

The highest executive body of a large administrative region (oblast) is the Executive Committee of the Regional Council of the corresponding administrative region. The Chairman of the Executive Committee of the Regional Council of a large administrative region (oblast) is appointed to and dismissed from office by the Regional Council of the corresponding administrative region in agreement with the President of Ukraine.

Powers, order of formation and activity of the Verkhovna Rada of the Autonomous Republic of Krym and the Council of Ministers of the Autonomous Republic of Krym, Regional Councils and Executive Committees of Regional Councils of large administrative regions (oblasts) are determined by the Constitution of Ukraine and the laws of Ukraine, normative legal acts of the Verkhovna Rada of the Autonomous Republic of Krym and Regional Councils of large administrative regions (oblasts) on issues related to their competence.

Justice in the Autonomous Republic of Krym and other administrative regions carried out by courts belonging to the unified court system of Ukraine.

Article 137. Autonomous Republic of Krym and large administrative regions (oblasts) of Ukraine carried outgt; normative regulation on the following issues:

1) agriculture and forestry;

2) land reclamation and quarries;

3) public works, crafts and industries; charity;

4) town planning and housing;

5) tourism, hotel business, fairs;

6) museums, libraries, theaters, other cultural institutions, historical and cultural reserves;

7) public transport, roads, water pipes;

8) hunting, fishing;

9) sanitary and hospital services.

On the grounds of non-compliance with regulations of the Verkhovna Rada of the Autonomous Republic of Krym and Regional Councils of large administrative regions (oblasts) The Constitution of Ukraine and the laws of Ukraine The President of Ukraine can suspend the effect of these normative legal acts of the Verkhovna Rada of the Autonomous Republic of Krym and Regional Councils of large administrative regions (oblasts) with simultaneous appeal to the Constitutional Court of Ukraine regarding their constitutionality.

Article 138. To the management of the Autonomous Republic of Krym and large administrative regions (oblasts) of Ukraine refers to:

1) appointment of deputies of the Verkhovna Rada of the Autonomous Republic of Krym and Regional Councils of large administrative regions (oblasts), approval of the composition election commissions Autonomous Republic of Crimea and corresponding administrative regions;

2) the organization and conduct of local referenda;

3) management of property owned by the Autonomous Republic of Krym and corresponding administrative regions;

4) development, approval and implementation of the budget of the Autonomous Republic of Krym and corresponding administrative regions on the basis of the unified tax and budget policy of Ukraine;

5) development, approval and implementation of programs of the Autonomous Republic of Krym and corresponding administrative regions on issues of socio-economic and cultural development, rational nature management, environmental protection - in accordance with national programs;

6) recognition of the status of localities as resorts; establishment of sanitary protection zones of resorts;

7) participation in ensuring the rights and freedoms of citizens, national harmony, assistance in maintaining law and order and public safety;

8) ensuring the functioning and development of the state, official и other of national languages ​​and cultures in the Autonomous Republic of Krym and corresponding administrative regions; protection and use of historical monuments;

9) participation in the development and implementation of state programs for the return of deportees and restoration of the rights of the repressed peoples and ethnic groups;

10) initiation of the introduction of a state of emergency and establishment of zones of an emergency environmental situation in the Autonomous Republic of Krym and corresponding administrative regions or in individual their localities

By the laws of Ukraine, the Autonomous Republic of Krym and large administrative regions (oblasts) other powers may also be delegated.

Article 139. In the Autonomous Republic of Krym and large administrative regions (oblasts) actgt; Representationsа of the President of Ukraine, the status of Kotors determined by the law of Ukraine.