MANAGEMENT CONSULTING

INVESTMENT CONSULTING

COACHING

LEGAL SERVICES


Print
PDF

THE HUMAN RIGHTS ARE IN CONSTITUTION OF UKRAINE

The most useful and interesting division of Constitution of Ukraine is named "Rights, freedoms and duties of man and citizen". Exactly it is necessary to study to all citizens of Ukraine. All other divisions of Constitution are sent to realization and providing of positions of division of "Right, freedom and duty of man and citizen". Our rights and freedoms stand in a center, all other to spin round them. Note should be taken, that the rights driven to Constitutions are not exhaustive. Many rights are natural and does not require the special fixing: right on happiness, right on gladness, right on games in to snow et cetera. So read with pleasure.

 

ІІ Division of Constitution  "Right, freedom and duty of man and citizen"

Article 21. All people are free and equal in the dignity and rights. Rights and freedoms of man are inalienable and inviolable.

 

Article 22. Rights and freedoms of man and citizen, envisaged by our Constitution, are not exhaustive. Constitutional rights and freedoms are guaranteed and can not be abolished.

At passing new acts or making alteration narrowing of maintenance and volume of existent rights and freedoms is shut out in laws in force.

 

Article 23. Everybody has a right on free development of the personality, if rights and freedoms of other people are not violated here, and has duties before society free and comprehensive development of his personality is provided in which.

 

Article 24. Citizens have equal constitutional rights and freedoms and equal before a law.

There can not be privileges or limitations on the signs of race, skin-colored, political, religious and another persuasions, sex, ethnic and social origin, property position, place of inhabitation, on a language or to another signs.

 

Equality of rights for a woman and man is provided: by a grant to the women of equal with men possibilities in social and political and cultural activity, in the receipt of education and professional preparation, in labour and fee for it; by the special measures on a labour protection, and health of women, by establishment of pension privileges; conditioning, giving an opportunity to combine work with maternity to the women; by legal defense, material and moral support of maternity and childhood, including the grant of the paid vacations and another privileges to the expectant mothers and mothers.

 

Article 25. The citizen of Ukraine can not be deprived citizenship and right to change citizenship.

 

The citizen of Ukraine can not be turned out outside Ukraine or given out to other state.

 

Ukraine avouches for caring and defence the citizens being after limits.

 

Article 26. Foreigners and persons without citizenship, being in Ukraine on legal grounds, use the same rights and freedoms, and also carry the same duties, as well as citizens of Ukraine, - after the exceptions set by Constitution, by laws or international agreements of Ukraine.

 

To the foreigners and persons without citizenship refuge can be given in the order set by a law.

 

Article 27. Everybody has an inalienable right on life.

 

Nobody can be arbitrarily deprived life. Duty of the state - to protect life of man.

 

Everybody has a right to protect the life and health, life and health of other people from illegal encroachments.

 

Article 28. Everybody has a right on respect of his dignity.

 

Nobody can be exposed to tortures, cruel, superhuman or humiliating his dignity to the appeal or punishment.

 

Nobody without his voluntarily consent can be exposed to medical, scientific or to another experiments.

 

Article 29. Everybody has a right on freedom and bodily security.

 

Nobody can be arrested or had in custody differently as on the explained decreet and only on grounds and in the order, set by a law.

 

In case of insistent necessity to prevent a crime or to stop it authorized on that organs can a law apply having of person in custody as a temporary measure of suppression, validity of which during seventy two hours must be tested by a court. The detained person is immediately freed, if during seventy two hours from the moment of detention the explained decreet is not handed him about his having in custody.

 

To every prisoner or detained it must be without delay repoted about reasons of arrest or detention, his rights are explained and possibility is given from the moment of detention to defend oneself personally and to use the legal aid of defender.

 

The every detained has a right at any time to appeal the detention in a court.

 

About an arrest or detention of man it must be immediately repoted to the relatives arrested or detained.

 

Article 30. Everyone is guaranteed the inviolability of the home. Penetration is shut out in dwelling or in another possession of person, realization in them examination or search differently as on the explained decreet.

 

In urgent cases, people and property related to the rescue of life or with direct pursuit of the persons suspected of commission of crime, another is possible, set by a law, order of penetration in dwelling or in another possession of person, realization in them examination and search.

 

Article 31. Each the privacy of correspondence is avouched for, telephone conversations, telegraph and to another correspondence. Exceptions can be set only by a court in cases statutory, on purpose to prevent a crime or set truth at investigation of criminal case, if it is impossible by another methods to obtain information.

 

Article 32. Nobody can be exposed to interference with his personal and domestic life, except the cases foreseen by Constitution of Ukraine.

 

Collection, storage, use and distribution of confidential information, is shut out about a person without his consent, except cases, certain a law, and only in behalf of national safety, economic welfare and human rights.

 

Every citizen has a right to meet in public authorities, organs of local self-government, establishments and organizations with information about itself, being not state or another protected by a law by a secret.

 

Each judicial defence of right to refute unreliable information about itself and family and right to require the withdrawals of any information, and also right on a damage to the material and moral person, caused by collection, storage, members is avouched for, by the use and distribution of such unreliable information.

 

Article 33. Each, who on legal grounds is on territory of Ukraine, freedom of movement, free choice of place of inhabitation, right freely to abandon territory of Ukraine, is guaranteed, except for the limitations set by a law.

 

The citizen of Ukraine can not be deprived right at any time to go to Ukraine.

 

Article 34. Each a right is avouched for on freedom of idea and word, on free expression of the looks and persuasions.

 

Everybody has a right freely to collect, keep, use and distribute information orally, in the written form or by another method - on the choice.

 

Realization of these rights can be limited to the law in behalf of national safety, territorial integrity or public peace with the purpose of warning of disturbances or crimes, for a health of population care, for defence of reputation or rights for other people, for warning of disclosure of the information got confidentially, or for maintenance of authority and impartiality of justice.

 

Article 35. Everybody has a right on freedom of world view and religion. This right includes freedom to hear the confession any religion or doesn't hear the confession, without difficulty to send individually or collectively religious cults and ritual ceremonies, to conduct religious activity.

 

Realization of this right can be limited to the law only in behalf of public law, health and morality of population or defence of rights and freedoms of other people enforcement.

 

A church and religious organizations in Ukraine are dissociated from the state, and school - from a church. No religion can be confessed by the state as obligatory.

 

Nobody can be released from the duties before the state or to give up execution of laws on reasons of religious persuasions. In case if the pursuance of military duty conflicts with religious persuasions of citizen, the pursuance of this duty must be transferable alternative (nonmilitary) service.

 

Article 36. The citizens of Ukraine have a right on freedom of association in political parties and public organizations for realization and defence of the rights and freedoms and satisfaction of political, economic, social, cultural and another interests, except for the limitations, set by a law in behalf of national safety and public peace, health of population or defence of rights and freedoms of other people care.

 

Political parties in Ukraine assist to forming and expression of political will of citizens, take part in elections. The members of political parties can be only citizens of Ukraine. Limitations in relation to membership in political parties are set by the exceptionally real Constitution and laws of Ukraine.

 

Citizens have a right on participating in trade unions with the purpose of defence of the labour and socio-economic rights and interests. Trade unions are public organizations, uniting citizens, bound by general interests on the sort of their professional activity. Trade unions are created without prior authorisation on the basis of free choice of their members. All trade unions have equal rights. Limitations in relation to membership in trade unions are set by the exceptionally real Constitution and laws of Ukraine.

Nobody can be forced to entering into association of citizens or limited in rights for belonging or unbelonging to political parties or public organizations.

 

All associations of citizens are equal before a law.

 

Article 37. Creation and activity of political parties and public organizations, programmatic aims or the actions of which are sent to liquidation of independence of Ukraine, change of constitutional line-up a violent way, violation of sovereignty and territorial integrity of the state, injury of safety, illegal capture of state power, war propaganda, violence, on kindling of ethnic, racial, religious enmity, encroachments, on rights and freedoms of man, health of population, forbidden.

 

Political parties and public organizations can not have the militarized forming.

 

Creation and activity of organizational structures of political parties are shut out in the organs of executive and judicial power and executive branches of local self-government, military forming, and also on state enterprises, in educational establishments and other public institutions and organizations.

 

Creation and activity of organizational structures of political parties are shut out in the organs of executive and judicial power and executive branches of local self-government, military forming, and also on state enterprises, in educational establishments and other public institutions and organizations.

 

Prohibition of activity of associations of citizens comes true only in the judicial order.

 

Article 38. Citizens have a right to take part in the management of state affairs, in allukrainian and local referendums, freely to elect and be select in public authorities and organs of local self-government.

 

Citizens use an equal right for access to government service, and also to service in the organs of local self-government.

 

Article 39. Citizens have a right to gather peacefully, without a weapon and to hold meeting, mass meeting, processions and demonstrations, about realization of which the organs of executive power or organs of local self-government are advised in advance.

 

Limitation in relation to realization of this right can be set by a court under the law and only in behalf of national safety and public peace - with the purpose of warning of disturbances or crimes, for a health of population or defence of rights and freedoms of other people care.

 

Article 40. All have a right to direct individual or collective writing appeals or personally to apply in public authorities, organs of local self-government and to the public and official servants of these organs, which are under an obligation to consider an appeal and give a reasonable answer in the term set by a law.

 

Article 41. Everybody has a right to own, use and dispose of the property, results of the intellectual, creative activity.

 

The right of private ownership is acquired in the order certain a law.

 

Citizens for satisfaction of the necessities can use the objects of right of state and communal ownership under the law.

 

No one shall be unlawfully deprived of property rights.

 

The right of private ownership is inviolable.

 

The forced alienation of objects of right of private ownership can be applied only as an exception on reasons of public necessity, on founding and in the order, set by a law, and on condition of preliminary and complete compensation of their cost. The forced alienation of such objects with the subsequent complete compensation of their cost is assumed only in the conditions of martial or emergency law.

 

Confiscation of property can be applied exceptionally in decision of court in cases, volume and order, set by a law.

 

The use of property can not harm to the rights, freedoms and dignity of citizens, to interests of society, to worsen an ecological situation and natural internalss of earth.

 

Article 42. Everybody has a right on the entrepreneurial activity not forbidden by a law.

 

Entrepreneurial activity of deputies, public and official servants of public and organs of local self-government authorities limited to the law.

 

The state provides defence of competition in entrepreneurial activity. Shut out monopolistic abuse position at the market, illegal limitation of competition and unfair competition. Kinds and limits of monopoly are determined by a law.

 

The state protects rights for consumers, carries out control after quality and safety of products and all types of services and works, assists to activity of public organizations of consumers.

 

Article 43. Everybody has a right to work, that includes possibility to earn to itself on life by labour which he freely elects or to which agrees freely.

 

The state creates terms for complete realization by the citizens of right to work, will guarantee equal possibilities in the choice of profession and sort of labour activity, will realize the programs of the vocational educating, preparations and retraining of shots in accordance with public necessities.

 

The use of the forced labor is forbidden. Military or alternative (nonmilitary) service, and also work or service, ignores the forced labor, executable a person by agreement or another decreet or in accordance with laws on military and about superexcellence.

 

Everybody has a right on the proper, safe and healthy terms of labour, on a salary not below than that which is certain a law. Use of labour of women and minor on risky for their health jobs forbidden.

 

Citizens, protecting is avouched for from an illegal discharge.

 

A right on the timely receipt of fee for labour is on the defensive a law.

 

Article 44. Working have a right on a strike for defence of the economic and social interests.

 

Realization of right on a strike established order by a law taking into account the necessity of providing of national safety, health care, rights and freedoms of other people.

 

Nobody can be forced to participating or abstention in a strike.

 

Prohibition of strike is possible only on the basis of law.

 

Article 45. Every working has a right to rest.

 

This right is provided by the grant of days of weekly rest, and also the paid annual rest, by establishment of short-time for separate professions and productions, to the brief uptime in a night-time.

 

Maximal duration of business hours, minimum duration of rest and paid annual vacation, week and festive ends, and also another terms of realization of this right are determined by a law.

 

Article 46. Citizens have a right of social defence, including a right on providing of them in case of complete, partial or temporal loss of ability to work, loss of bread-winner, unemployment on independent from them circumstances, and also in old age and in another cases, statutory.

 

This right is guaranteed by obligatory state social security due to insurance payments of citizens, enterprises, establishments and organizations, and also budgetary and another sources of public welfare; networking of public, communal, private institutions for the care of disabled.

 

Pensions, another types of social payments and manuals, being a basic source existences, must provide the standard of living not below of living wage, set by a law.

 

Article 47. Everybody has a right on dwelling. The state creates terms, at which every citizen will have the opportunity to build dwelling, purchase him in property or lease.

 

To the citizens needing social defence, dwelling is given by the state and organs of local self-government free of charge or for an accessible for them pay under the law.

 

Nobody can be forcedly deprived dwelling differently as on the basis of law in decision of court.

 

Article 48. Everybody has a right on the sufficient standard of life on your own and the family, including a sufficient feed, clothes, dwelling.

 

Article 49. Everybody has a right on a health care, medicare and medical insurance.

 

A health care is provided by the state financing of corresponding socially - economic, medical and health and health - prophylactic programs.

 

The state creates terms for effective and accessible for all citizens of medical service. In public and communal institutions of health protection medicare is given free of charge; the existent network of such establishments can not be brief. The state assists development of curative establishments of all patterns of ownership.

 

The state cares of development of physical culture and sport, provides sanitary is epidemic prosperity.

 

Article 50. Everybody has a right on safe for life and health environment and on a compensation caused by violation of this right for harm.

 

Each a right for free access is avouched for to state information environment, about quality of food foods and articles of way of life, and also right on her distribution. Such information can nobody be secret.

 

Article 51. Marriage is base on voluntarily consent of woman and man. Each of the married couples has equal right and duties in marriage and family.

 

Parents are under an obligation to contain children to their full age. Adult children are under an obligation to care of the disabled parents.

 

Family, childhood, maternity and paternity, is guarded by the state.

 

Article 52. Children are equal in the rights regardless of origin, and also from that, they are born in marriage or out of it.

 

What that was not бы violence above a child and his exploitation are pursued by law.

 

Table of contents and education of children - orphans and children, deprived paternal care, laid on the state. The state encourages and supports eleemosynary activity in regard to children.

 

Article 53. Everybody has a right to education.

Complete universal AV education is obligatory. The state provides availability and free of chargeness preschool, complete general middle, professionally - technical at higher education in state and communal educational establishments; development preschool, complete general middle, out-of-school, professionally - technical, higher and последипломного education, different forms of educating; grant of state grants and privileges studying and to the students.

 

Citizens have a right free of charge to get higher education in state and communal educational establishments on competitive basis.

 

To the citizens belonging to the national minorities, under the law a right for educating is guaranteed in native language or on the study of the mother tongue in state and communal educational establishments or through national cultural societies.

 

Article 54. Citizens freedom of literary, artistic, scientific and technical work, defence of intellectual property, is avouched for, their copyrights, moral and material interests, arising up in connection with the different types of intellectual activity.

 

Every citizen has a right on the results of the intellectual, creative activity; nobody can use or distribute them without his consent, after exceptions, set by a law.

 

The state assists to development of science, establishing scientific connections of Ukraine with world community.

Cultural heritage is guarded by a law.

 

The state provides maintenance of historical monuments and other objects, presenting a cultural value, takes measures for a return to Ukraine of being after her limits cultural values of people.

 

Article 55. Rights and freedoms of man and citizen are on the defensive a court. Each a right is avouched for on an appeal in the court of decisions, acts or omission of public, organs of local self-government, public and official servants authorities.

 

Everybody has a right to apply for defence of the rights to Уполномоченному of Verkhovna Rada of Ukraine on human rights.

 

Everybody has a right after the use of all national facilities of legal defense to apply for defence of the rights and freedoms. in corresponding international judicial establishments or in the corresponding organs of international organizations, by a member or the participant of which is Ukraine.

 

Everybody has a right any facilities not forbidden by a law to protect the rights and freedoms from violations and wrongful encroachments.

Article 56. Everybody has a right on a compensation due to the state or organs of local self-government of the material and moral damage, caused by illegal decisions, acts or omission of public authorities, organs of local self-government, their public and official servants at realization by them the plenary powers.

 

Article 57. Each a right to know right and duties is avouched for.

 

Laws and another normatively are legal acts, qualificatory right and duties citizens, must be taken to taking of population in the order set by a law.

 

Laws and another normatively - legal acts, qualificatory right and duties citizens, which are not taken to taking of population in the order set by a law, are invalid.

 

Article 58. Laws and another normatively - legal acts do not have back-action in time, exept for the cases when they soften or abolish responsibility of person.

 

Nobody can be responsible for acts which in the moment of their feasance did not confess a law as offences.

 

Article 59. Everybody has a right for legal help. In statutory cases this help is given free of charge. Everybody is free in the choice of defender of the rights.

 

For providing of right of defence from a prosecution and grant of legal aid at the decision of businesses in courts and other public organs advocacy operates in Ukraine.

 

Article 60. Nobody is under an obligation to carry out criminal orders or orders obviously.

 

Legal responsibility comes for a return and execution obviously of criminal order or order.

 

Article 61. Nobody can be twice brought to the legal account of one kind for the same offense.

 

Legal responsibility of person has individual character.

 

Article 62. A person is considered not guilty in the commission of crime and can not be exposed to criminal punishment, while his guilt will not be well-proven in the legal order and set by the accusatory sentence of court.

 

Nobody is under an obligation to prove oneself innocence in the commission of crime.

 

A prosecution can not be base on the proofs got an illegal way, and also on suppositions. All doubts in relation to well-proven of guilt of person are interpreted in his benefit.

 

In case of avoiding a sentence of court as unjustice the state compensates the material and moral damage caused by groundless conviction.

 

Article 63. A person does not carry responsibility for a refuse to testify or explanations in regard to itself, family or near relation members the circle of which is determined by a law.

 

Suspected, accused or defendant has a right of defence.

 

The convict uses all human and citizen rights, except for limitations certain a law and set by the sentence of court.

 

Article 64. Constitutional rights and freedoms of man and citizen can not be limited, except cases, foreseen by Constitution of Ukraine.

In the conditions of martial or emergency law separate limitations of rights and freedoms can be set with pointing of term of action of these limitations. The rights and freedoms, foreseen by the articles 24, can not be limited, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62, 63 real Constitutions.

 

Article 65. Defence of Homeland, to independence and territorial integrity of Ukraine, respect of her state symbols are the duty of citizens of Ukraine.

 

Citizens carry military service under the law.

 

Article 66. Everybody is under an obligation not to harm to nature, cultural heritage, to compensate the losses caused to them.

 

Article 67. Everybody is under an obligation to pay, taxes and collections all right and the sizes set by a law. All citizens annually give in tax inspections domiciliary declarations about the property position and profits for a past year in the order set by a law.

 

Article 68. Everybody is under an obligation absolutely to observe Constitution of Ukraine and laws of Ukraine, not trench upon rights and freedoms, honour and dignity of other people. Ignorance of laws does not release from legal responsibility.



0
Понравилась статья? Поделись ей с другими: