[GPSCC-chat] Excerpts From Ukrainian Constitution

[John Thielking]

Below I have pasted excerpts from the Ukrainian constitution in an attempt to answer the question of weather or not having a referendum by Crimea to join Russia is unconstitutional. It seems that indeed there is no mechanism in the constitution that would allow changes in the borders of Ukraine.  Although there is a section allowing an All-Ukraine referendum, the constitution itself specifically bans amendments designed to change the boundaries of Ukraine.  I'm not sure if this version is the current one, but it was obtained from here: 

http://legislationline.org/documents/section/constitutions/country/52 

Article 2. The sovereignty of Ukraine shall extend throughout its entire territory.
Ukraine shall be a unitary state.
The territory of Ukraine within its present borders shall be indivisible and inviolable.

Article 5. Ukraine shall be a republic.
The people shall be the bearer of sovereignty and the sole source of power
in Ukraine. The people shall exercise power directly or through the state authorities and local self-government bodies.
The right to determine and change the constitutional order in Ukraine shall belong exclusively to the people and shall not be usurped by the State, its bodies, or officials.
No one shall usurp the State power.

Article 7. Local self-governance shall be recognised and guaranteed
in Ukraine.

Article 9. International treaties in force, consented by the Verkhovna Rada of Ukraine as binding, shall be an integral part of the national legislation
of Ukraine.
Conclusion of international treaties, contravening the Constitution
of Ukraine, shall be possible only after introducing relevant amendments to the Constitution of Ukraine.


Article 40. Everyone shall have the right to address individual or collective petitions, or to personally recourse to public authorities, local self-government bodies, officials, and officers of these bodies obliged to consider the petitions, and to provide a substantiated reply within the period determined by law.

Article 73. Alterations to the territory of Ukraine shall be resolved exclusively by the All-Ukrainian referendum.

Article 157. The Constitution of Ukraine shall not be amended, if the amendments foresee the abolition or restriction of human and citizen rights and freedoms, or if they are aimed at the liquidation of the independence or violation of the territorial integrity of Ukraine. The Constitution of Ukraine shall not be amended under the conditions
of martial law or a state of emergency.


The Constitution of Ukraine was adopted at the Fifth Session of the Verkhovna Rada of Ukraine on 28 June 1996

Additional points in the constitution about Crimea:

Title X

THE AUTONOMOUS REPUBLIC OF CRIMEA

Article 134. The Autonomous Republic of Crimea shall be an integral constituent part of Ukraine and shall resolve issues relegated to its authority within the frame of its reference, determined by the Constitution of Ukraine.

Article 135. The Autonomous Republic of Crimea shall have the Constitution of the Autonomous Republic of Crimea 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 constitutional membership of the Verkhovna Rada of Ukraine.
Regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and decisions of the Council of Ministers of the Autonomous Republic of Crimea shall not contradict the Constitution and laws of Ukraine and shall
be adopted in accordance with and in pursuance of the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers
of Ukraine.

Article 136. The Verkhovna Rada of the Autonomous Republic of Crimea shall be the representative body of the Autonomous Republic of Crimea.
The Verkhovna Rada of the Autonomous Republic of Crimea shall, within its competence, adopt decisions and resolutions mandatory for execution in the Autonomous Republic of Crimea.
The Council of Ministers of the Autonomous Republic of Crimea shall
be the government of the Autonomous Republic of Crimea. The Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall be appointed
or dismissed by the Verkhovna Rada of the Autonomous Republic of Crimea subject to the consent of the President of Ukraine.
The powers and the procedure for the formation and operation of the Verkhovna Rada of the Autonomous Republic of Crimea and of the Council
of Ministers of the Autonomous Republic of Crimea shall be determined by the Constitution of Ukraine and laws of Ukraine, and by regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea in relation to the issues within its competence.
In the Autonomous Republic of Crimea justice shall be administered
by courts belonging to the single system of courts of Ukraine.

Article 137. The Autonomous Republic of Crimea shall effect normative regulation in the following areas:
 1) agriculture and forestry;
 2) land improvement and surface mining;
 3) public works, crafts and trades; charity;
 4) urban construction and housing management;
 5) tourism, hotel business, fairs;
 6) museums, libraries, theatres, other cultural establishments, historical and cultural conservation areas;
 7) public transportation, roadways, water supply;
 8) hunting and fishing;
 9) sanitary and hospital services.
In case of nonconformity of regulatory legal acts of the Verkhovna Rada
of the Autonomous Republic of Crimea with the Constitution of Ukraine and laws of Ukraine, the President of Ukraine may suspend such regulatory legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional Court of Ukraine in regard to their constitutionality.

Article 138. The following issues shall be under the authority of the Autonomous Republic of Crimea: 
 1) call elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, approve of the membership of the electoral commission of the Autonomous Republic of Crimea;
 2) organise and hold of local referendums;
 3) manage property that belongs to the Autonomous Republic of Crimea;
 4) elaborate, approve, and execute the budget of the Autonomous Republic of Crimea on the basis of the uniform tax and budget policy of Ukraine;
 5) develop, approve, and implement programmes of the Autonomous Republic of Crimea for socio-economic and cultural development, rational exploiting of natural resources and environmental protection in accordance with national programmes;
 6) grant the resort status for localities; establish zones for the sanitary protection of resorts;
 7) participate in ensuring the rights and freedoms of citizens, national harmony, and promote the protection of legal order and public security;
 8) ensure the functioning and development of the state language and national languages and cultures in the Autonomous Republic of Crimea; protect and use
of historical monuments;
 9) participate in the development and realisation of state programmes for the return of deported peoples;
 10) initiate the introduction of a state of emergency and establish zones
of ecological emergency as needed in the Autonomous Republic of Crimea or in its particular areas.
 Other powers may also be delegated to the Autonomous Republic of Crimea by laws of Ukraine.

Article 139. The status of the Representative Office of the President
of Ukraine operating in the Autonomous Republic of Crimea shall be determined by the law of Ukraine.
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