Our own George Washington at last
With the new law of righteousness?
Taras Shevchenko, 1857
Folk wisdom
"Why are we poor? Because we are foolish. Why are we foolish? Because we are poor." Ukrainians follow this statement from the first days of Independence. But we are not foolish! This is a wrong conclusion! And that is why:
It is worth to mention such world-famous people as Sergei Korolev, Yuri Kondratyuk, Igor Sikorsky, Oleg Antonov, Yevgeny Paton, Ivan Puluiy, Nikolay Amosov, Alexander Shalimov, Valery Lobanovsky, Taras Shevchenko, Lesya Ukrainka, Ivan Franko, Ilya Repin and many other prominent Ukrainians, who made a lot of inventions, achievements and culture contribution.
So, why are we poor? Because of the Law!
And this Basic Law is the Constitution of Ukraine.
Such different Constitutions
Everything can be seen. My comparative analysis between the Constitution of Ukraine and the Constitution of the United States, the strongest country in the world, was written for understanding the poverty reasons of ordinary Ukrainian people and the impunity of the corrupt "elite".
So:
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
52 pages in Arial font №12; 15060 words; 101272 characters (without spaces); 115578 characters (with spaces); 771 Paragraph; 1759 Lines; 161 Articles |
16 pages in Arial font №12; 7822 words; 37882 characters (without spaces); 45528 characters (with spaces); 194 Paragraph; 583 Lines; 7 Articles and 27 Amendments |
It turns out that it is enough to have 7 articles and 27 amendments for buiding a strong country with clear game rules and perfect checks and balances system, for dividing the power into legislative, executive, judicial and for establishing priority of the Law.
It's more easier for Americans to know and remember their rights in comparision with Ukrainian people, because the first ones have less text in the Constitution.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
| The Verkhovna Rada (the Parliament) of Ukraine on behalf of the Ukrainian people – Ukrainian citizens of all nationalities, expressing the sovereign will of the people, relying on the centuries-old history of Ukrainian state-building and upon the right to self-determination realised by the Ukrainian nation, all the Ukrainian people, aspiring to ensure human rights and freedoms, and life conditions worthy of human dignity, supporting the strengthening of civil harmony on the Ukrainian soil, striving to develop and strengthen a democratic, social, law-based state, realizing the responsibility in the eyes of God, before our own conscience, past, present and future generations, guided by the Act of Declaration of the Independence of Ukraine of 24 August 1991, approved by the national vote on 1 December 1991, adopts this Constitution as the Fundamental Law of Ukraine. | We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. |
“We the people of the United States….”How much power do these words bring! They are the strongest, than any steel! These words inspire people who read them.
“The Verkhovna Rada (the Parliament) of Ukraine on behalf of the Ukrainian people – Ukrainian citizens of all nationalities….”
There is no desire to pronounce this text loudly, to learn it by heart, tell it to our children and to proude of it.
The first three words of our Basic Law is a symbol of all troubles for the majority of Ukrainians
and it is associated with corruption, kickbacks, abusiveness, impunity and solid irresponsibility.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 80.
People's Deputies of Ukraine are guaranteed parliamentary immunity. People's Deputies of Ukraine are not legally liable for the results of voting or for statements made in Parliament and in its bodies, with the exception of liability for insult or defamation. People's Deputies of Ukraine shall not be held criminally liable, detained or arrested without the consent of the Verkhovna Rada of Ukraine |
1.6.1. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid
out of the Treasury of the United States. They shall in all
Cases, except Treason, Felony and Breach of the Peace, be
privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. |
Feel the difference? In Ukraine the deputy can shoot people from a gun, knock them down on a pedestrian crossing, also beat, insult, intimidate and humiliate them. And any court can not arrest and judge him without permission of the Verkhovna Rada.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 10.
The state language of Ukraine is the Ukrainian language. The State ensures the comprehensive development and functioning of the Ukrainian language in all spheres of social life throughout the entire territory of Ukraine. In Ukraine, the free development, use and protection of Russian, and other languages of national minorities of Ukraine, is guaranteed. The State promotes the learning of languages of international communication. The use of languages in Ukraine is guaranteed by the Constitution of Ukraine and is determined by law. |
NO REMARKS |
In the multicultural United States there is no problem with state language. The citizens of the United States love and respect their Constitution, written in English. And they do not have any questions and difficulties with it.
In Ukraine there is constant political quarrels due to the 10th Constitution article. It splits and polarizes society. Political parties build their election programs on promise to implement some another state language.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
| Article 111. The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine by the procedure of impeachment, in the event that he or she commits state treason or other crime. |
3.3.1 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted
of Treason unless on the Testimony of two Witnesses to the
same overt Act, or on Confession in open Court. 2.3.4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. 4.2.2. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fl ed, be delivered up, to be removed to the State having Jurisdiction of the Crime. |
The US Constitution has a clear definition of state treason against the state and how to judge for it.
There is no such clear definition of state treason in the Ukrainian Constitution, but written that it is possible to remove the President from his position.
And, as a result, you can wear a T-shirt with the type "BERKUT", tie a St. George ribbon on it, go out under the Russian flag on a pro-Russian rally, then easily turn to the parliament or become mayor or President of Ukraine.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
| Article 49. Everyone has the right to health protection, medical care and medical insurance. Health protection is ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prophylactic programmes. The State creates conditions for effective medical service accessible to all citizens. State and communal health protection institutions provide medical care free of charge; the existing network of such institutions shall not be reduced. The State promotes the development of medical institutions of all forms of ownership. The State provides for the development of physical culture and sports, and ensures sanitary-epidemic welfare. | NO REMARKS |
In the United States, medical care is provided through compulsory paid health insurance. In emergency cases people are saved on the state expense.
In Ukraine medical care is de-jure free of charge. In fact, it is necessary to pay for everything: medicine, procedures, services and certificates. And you have to make "voluntary contributions".
The forty-ninth article of our Constitution is an echo of the socialistic period of time. We have huge budget expendings, low quality and corrupt medical industry.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 104.
The newly-elected President of Ukraine assumes office no later than in thirty days after the
official announcement of the election results, from the moment of taking the oath to the
people at a ceremonial meeting of the Verkhovna Rada of Ukraine. The Chairperson of the Constitutional Court of Ukraine administers the oath to the President of Ukraine. The President of Ukraine takes the following oath: "I, (name and surname), elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in the interests of all compatriots, and to enhance the prestige of Ukraine in the world." |
2.1.7. Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” |
In the United States the President swears to the Constitution and provides a guarantee the rule of Law. He is obliged to preserve, protect and defend the US Constitution.
In Ukraine, the President swears fealty to Ukraine.
Was Yanukovych faithful to Ukraine? And Kuchma? Maybe Yushchenko or Kravchuk? Each of them had an own idea about Ukraine and its place in the world. The result of these president's work is a hyper-corrupted, half-ruined, stolen country with poor desperate people and partly lost territory.
Also, the President of Ukraine is obliged to protect the sovereignty and independence of Ukraine (signing the agreement about location of the Black Sea Russian fleet in the Crimea - is it?), to care about welfare of the Motherland (suddenly USSR is his Motherland?), and the safety of people (kums, friends and dear friends - they are also people), to protect human rights and freedoms (everything - for close people, the law - for others), to follow the Constitution and laws of Ukraine (it would be enough to pronounce this text for an oath), to perform duties in the interests of all compatriots (it is for all who was born in Ukraine and the USSR? Is Putin also a compatriot?), and to enhance the prestige of Ukraine in the world (we are close to Nepal and Guatemala, which has the 131st place of 176 countries according to the Corruption Perceptions Index).
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 76.
A citizen of Ukraine who has attained the age of twenty-one on the day of elections, has the
right to vote, and has resided on the territory of Ukraine for the past five years, shall be
eligible to be elected a People's Deputy of Ukraine. A citizen who has a criminal record for committing an intentional crime shall not be eligible to be elected to the Verkhovna Rada of Ukraine if the record is not canceled and erased under the procedure established by law. |
1.2.2. No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who shall not,
when elected, be an Inhabitant of that State in which he
shall be chosen. 1.3.3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. Amendment XIV No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. |
In the United States all the authority candidates should make the fealty to the Constitution and should live in the state of election. There are also more stringent requirements regarding the deputy minimum age.
In Ukraine any 21 years old drug taker, living in Sumy, may become a people's deputy in Zaporozhye district even after visiting a pro-Russian rally and if he, of course, has money, high-powered friends or family members. Also he may be in the electoral list and go to the parliament as a member of some party.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
| NO REMARKS |
1.9.8. No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept
of any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Amendment XXVII No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened. |
In the United States the deputies can raise salary not for themselves, but for those ones who will be elected next.
Ukrainian deputies can raise own wage any time.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
| NO REMARKS |
Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. |
For prevention a crime Americans use firearms 80 times more often than they perform the crime with weapon. In studying, published in the science journal "Harvard Journal of Law & Public Policy", scientists came to the conclusion like this: as more people in the country have weapons, as less crimes happen there. Armed citizens stop more criminals than the police do. In most cases it is enough to draw out a weapon or make a warning shot.
Just because of the second amendment to the Constitution anybody has never usurped power in the United States.
In Ukraine, including limitation the arm right, cooperation between criminality and law enforcement forces exist. And it was possible to usurp the power for escaped President, who was kicked away by people with bats. Poor people were going with wooden shields toward bullets, which came from police firearms.
The number of Ukrainian police for one person is much higher than in the United States. As a result, it leads to low efficiency, high budget expendings, low wages and corrupt systems.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 125.
In Ukraine, the system of courts of general jurisdiction is formed in accordance with the
territorial principle and the principle of specialisation. The Supreme Court of Ukraine is highest judicial body in the system of courts of general jurisdiction. The respective high courts are the highest judicial bodies of specialised courts. Courts of appeal and local courts operate in accordance with the law. The creation of extraordinary and special courts shall not be permitted. Article 127. Justice is administered by professional judges and, in cases determined by law, people's assessors and jurors. Article 129. In the administration of justice, judges are independent and subject only to the law. Judicial proceedings are conducted by a single judge, by a panel of judges, or by a court of the jury. |
3.1. The judicial Power of the United States, shall be vested
in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. 3.2.3. The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. |
The United States has a clear and translucid justice system, chaired by the Supreme Court, which consists of 9 judges. People know these judges by sight and name. Their reputation is perfect.
The main thing in justice side, that the US Constitution guarantees, is the trail jury in all judicial cases except impeachment. It is very difficult to buy off or concuss 12 citizens, who are new in every case and protected by law. A judge in such processes actions is like an arbitrator, who holds a meeting and signs adopted jury decision.
In their judicial system, we can see the principle "Let hundred criminals be free, than we put to prison not guilty".
The Ukraine judicial system is ineffective, non-translucid, corrupted and bureaucratic. People don't trust their court. For example, the Law "On the Judiciary and the Status of Judges" (Article 37, paragraph 1) identified 200 judges for the Supreme Court. It is 22 times more in comparison with the United States. Where can we find 200 perfect judges for the Supreme Court in our country? How is it possible to know them by sight and name? How to make control?
Where can we find 200 perfect judges for the Supreme Court in our country? How is it possible to know them by sight and name? How to make control?
The Verkhovna Rada takes a decision though separate law when it is necessary to apply a jury trial. Therefore, judges personally or their collegues adopt decision regarding cases, which leads to warped judgment and corruption.
Most judicial decisions by Ukrainian courts are prosecutive.
The words on the pediment: "EQUAL JUSTICE UNDER LAW"
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 126.
The independence and immunity of judges are guaranteed by the Constitution and the laws
of Ukraine. Influencing judges in any manner is prohibited. A judge shall not be detained or arrested without the consent of the Verkhovna Rada of Ukraine, until a verdict of guilty is rendered by a court. Judges hold office for permanent terms, except judges of the Constitutional Court of Ukraine, and judges appointed to the office of judge for the first time. A judge is dismissed from office by the body that elected or appointed him or her in the event of: 1) the expiration of the term for which he or she was elected or appointed; 2) the judge's attainment of the age of sixty-five; 3) the impossibility to exercise his or her authority for reasons of health; 4) the violation by the judge of requirements concerning incompatibility; 5) the breach of oath by the judge; 6) the entry into legal force of a verdict of guilty against him or her; 7) the termination of his or her citizenship; 8) the declaration that he or she is missing, or the pronouncement that he or she is dead; 9) the submission by the judge of a statement of resignation or of voluntary dismissal from office. The authority of the judge terminates in the event of his or her death. The State ensures the personal security of judges and their families. Article 130. The State ensures funding and proper conditions for the operation of courts and the activity of judges. Expenditures for the maintenance of courts are allocated separately in the State Budget of Ukraine. |
3.1. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. |
The US Constitution does not give judges the right to inviolability. If their reputation is perfect, they hold their positions with no time limit and receive a respectable salary.
In Ukraine judges has inviolability. And they have a lot of rights and freedom.
Feeling impunity and strong power, judges often abuse law. They take bribes, drive cars in an intoxication state, not perform legal police requirements, take decisions "retroactively" outside the courtroom, etc.
“In Ukraine judges has inviolability”
The so-called "judicial reform" only increases the level of bureaucratization process regarding judge appointment to the positions. And as a metter of fact such reform legalizes spending of budget money by huge judicial system.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 147.
The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine.
The Constitutional Court of Ukraine decides on issues of conform
ity of laws and other legal acts with the Constitution of Ukraine and provides the official interpretation of the
Constitution of Ukraine and the laws of Ukraine. Article 148. The Constitutional Court of Ukraine is composed of eighteen judges of the Constitutional Court of Ukraine. The President of Ukraine, the Verkhovna Rada of Ukraine and the Congress of Judges of Ukraine each appoint six judges to the Constitutional Court of Ukraine. Article 149. Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity. |
NO REMARKS |
There is no Constitutional Court in the United States. The Supreme Court performs its functions.
In Ukraine there is the Constitutional Court, which consists of 18 judges. It turns out, that it is not enough to have the Supreme Court with 200 judges. It is necessary to pay 75 living wages per month to each of these judges. (Section XII, Clause 24 of the Law "On the Judiciary and Status of Judges").
Each President and coalition use the Constitutional Court as an instrument in the political struggle: for exampe, they approved permission for the President Kuchma to run for the third term, or they returned Kuchma's power to the President Yanukovych. Also due to them Ukraine has status or presidential-parliamentary or parliamentary-presidential republic and so on. During some period of time it was presidential-parliamentary and now it is again parliamentary-presidential. So it was so-called "constitutional reforms".
There is no Constitutional Court in the United States
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 2.
Ukraine is a unitary state. Article 5. Ukraine is a republic. Article 133. The system of the administrative and territorial structure of Ukraine is composed of the Autonomous Republic of Crimea, oblasts, districts, cities, city districts, settlements and villages. Ukraine is composed of the Autonomous Republic of Crimea, Vinnytsia Oblast, Volyn Oblast, Dnipropetrovsk Oblast, Donetsk Oblast, Zhytomyr Oblast, Zakarpattia Oblast, Zaporizhia Oblast, Ivano-Frankivsk Oblast, Kyiv Oblast, Kirovohrad Oblast, Luhansk Oblast, Lviv Oblast, Mykolaiv Oblast, Odesa Oblast, Poltava Oblast, Rivne Oblast, Sumy Oblast, Ternopil Oblast, Kharkiv Oblast, Kherson Oblast, Khmelnytskyi Oblast, Cherkasy Oblast, Chernivtsi Oblast and Chernihiv Oblast, and the Cities of Kyiv and Sevastopol. The Cities of Kyiv and Sevastopol have special status that is determined by the laws of Ukraine. Article 134. The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine. |
4.3.1. New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within
the Jurisdiction of any other State; nor any State be formed
by the Junction of two or more States, or Parts of States,
without the Consent of the Legislatures of the States concerned as well as of the Congress. 4.4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. 1.10.1 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. |
The United States is a real voluntary federative union of republican states, which consisted of 13 states at the begining, and now its number is 50. Each state has own laws and rules which correspond to the Constitution.
In Ukraine, the republican form of government is clearly stated, and each region is listed. And all this together set up a unitary state. Such cities as Kyiv, Sevastopol and the Autonomous Republic of Crimea have a special legal status.
As for territorial system, the United States is more democratic than Ukraine. Each state has a great influence on central government and has considerable power to resolve internal issues. In Ukraine almost everything depends on the central government decision.
| The Constitution of Ukraine | The Constitution of the United States |
|---|---|
|
Article 21. All people are free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable.
Article 22. Human and citizens' rights and freedoms affirmed by this Constitution are not exhaustive. Constitutional rights and freedoms are guaranteed and shall not be abolished. The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force. Article 23. Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured. Article 24. Citizens have equal constitutional rights and freedoms and are equal before the law. There shal be no privileges or restrictions based on race, colour of skin, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics. Equality of the rights of women and men is ensured: by providing women with opportunities equal to those of men, in public and political, and cultural activity, in obtaining education and in professional training, in work and its remuneration; by special measures for the protection of work and health of women; by establishing pension privileges, by creating conditions that allow women to combine work and motherhood; by legal protection, material and moral support of motherhood and childhood, including the provision of paid leaves and other privileges to pregnant women and mothers. Article 25. A citizen of Ukraine shall not be deprived of citizenship and of the right to change citizenship. A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state. Ukraine guarantees care and protection to its citizens who are beyond its borders. Article 26. Foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine. Foreigners and stateless persons may be granted asylum by the procedure established by law. Article 27. Every person has the inalienable right to life. No one shall be arbitrarily deprived of life. The duty of the State is to protect human life. Everyone has the right to protect his or her life and health, the lives and health of other persons against unlawful encroachments. Article 28. Everyone has the right to respect of his or her dignity. No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity. No person shall be subjected to medical, scientific or other experiments without his or her free consent. Article 29. Every person has the right to freedom and personal inviolability. No one shall be arrested or held in custody other than pursuant to a substantiated court decision and only on the grounds and in accordance with the procedure established by law. In the event of an urgent necessity to prevent or stop a crime, bodies authorised by law may hold a person in custody as a temporary preventive measure, the reasonable grounds for which shall be verified by a court within seventy-two hours. The detained person shall bereleased immediately, if he or she has not been provided, within seventy-two hours from the moment of detention, with a substantiated court decision in regard to the holding in custody. Everyone arrested or detained shall be informed without delay of the reasons for his or her arrest or detention, apprised of his or her rights, and from the moment of detention shall be given the opportunity to personally defend himself or herself, or to have the legal assistance of a defender. Everyone detained has the right to challenge his or her detention in court at any time. Relatives of an arrested or detained person shall be informed immediately of his or her arrest or detention. Article 30. Everyone is guaranteed the inviolability of his or her dwelling place. Entry into a dwelling place or other possessions of a person, and the examination or search thereof, shall not be permitted, other than pursuant to a substantiated court decision. In urgent cases related to the preservation of human life and property or to the direct pursuit of persons suspected of committing a crime, another procedure established by law is possible for entry into a dwelling place or other possessions of a person, and for the examination and search thereof. Article 32. No one shall be subject to interference in his or her personal and family life, except in cases envisaged by the Constitution of Ukraine. The collection, storage, use and dissemination of confidential information about a person without his or her consent shall not be permitted, except in cases determined by law, and only in the interests of national security, economic welfare and human rights. Every citizen has the right to examine information about himself or herself, that is not a state secret or other secret protected by law, at the bodies of state power, bodies of local self-government, institutions and organisations. Everyone is guaranteed judicial protection of the right to rectify incorrect information about himself or herself and members of his or her family, and of the right to demand that any type of information be expunged, and also the right to compensation for material and moral damages inflicted by the collection, storage, use and dissemination of such incorrect information. Article 33. Everyone who is legally present on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law. A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time. Article 34. Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs. Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice. The exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the healthof the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice. Article 35. Everyone has the right to freedom of personal philosophy and religion. This right includes the freedom to profess or not to profess any religion, to perform alone or collectively and without constraint religious rites and ceremonial rituals, and to conduct religious activity. The exercise of thisright may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons. The Church and religious organisations in Ukraine are separated from the State, an the school—from the Church. No religion shall be recognised by the State as mandatory. No one shall be relieved of his or her duties before the State or refuse to perform the laws for reasons of religious beliefs. In the event that the performance of military duty is contrary to the religious beliefs of a citizen, the performance of this duty shall be replaced by alternative (non-military) service. Article 36. Citizens of Ukraine shall have the right to freedom of association into political parties and public organisations for exercising and protecting their rights and freedoms and for satisfying their political, economic, social, cultural and other interests, with the exception of restrictions established by law in the interests of national security and public order, protection of public health, or protection of rights and freedoms of other persons. Political parties in Ukraine shall promote the formation and expression of political will of citizens and shall participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties shall be determined exclusively by this Constitution and laws of Ukraine. Citizens shall have the right to take part in trade unions with the purpose of protecting their labour and socio-economical rights and interests. Trade unions shall be public organizations uniting citizens bound by common interests in accordance with the nature of their professional activity. Trade unions shall be formed without prior permission on the basis of the free choice of their members. All trade unions shall have equal rights. Restrictions on membership in trade unions shall be determined exclusively by this Constitution and laws of Ukraine. No one may be forced to join any association of citizens or be restricted in his right to belong or not to belong to political parties or public organizations. All associations of citizens shall be equal before the law. Article 38. Citizens shall have the right to participate in the administration of state affairs, in All-Ukrainian and local referendums, to freely elect and to be elected to the bodies of State power and local self-government. Citizens shall enjoy equal rights of access to the civil service and to the service in local self-government bodies. Article 39. Citizens shall have the right to assemble peacefully without arms and to hold rallies, meetings, processions, and demonstrations upon notifying executive or local self-government bodies in advance. Restrictions on the exercise of this right may be established by a court in accordance with law and only in the interests of national security and public order, for the purpose of prevention of disturbances or crimes, protection of the health of the population, or protection of the rights and freedoms of other persons. 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 41. Everyone shall have the right to own, use, or dispose of his property and the results of his intellectual or creative activities. The right for private property shall be acquired in compliance with the procedure established by law. Citizens may use the objects of state or communal property in accordance with law in order to satisfy their needs. No one shall be unlawfully deprived of the right for property. The right for private property shall be inviolable. The expropriation of private property objects may be applied only as an exception for the reasons of social necessity, on the grounds of, and in the order established by law, and on terms of advance and complete compensation of the value of such objects. The expropriation of such objects with subsequent complete compensation of their value shall be permitted only under conditions of martial law or a state of emergency. Confiscation of property may be applied only pursuant to a court decision, in the cases, to the extent, and in compliance with the procedure established by law. The use of property shall not prejudice the rights, freedoms, and dignity of citizens, the interests of society or aggravate the environmental situation and the natural qualities of land. Article 42. Everyone shall have the right to entrepreneurial activity that is not prohibited by law. The entrepreneurial activity of deputies, officials, and officers of the bodies of State power and local self-government shall be restricted by law. The State shall ensure the protection of competition in pursuit of entrepreneurial activity. The abuse of a monopolistic position in the market, unlawful restriction of competition, and unfair competition shall not be permitted. The types and limits of monopolies shall be determined by law. The State shall protect the rights of consumers, exercise control over the quality and safety of products and all types of services and works, and promote the activities of public consumer associations. Article 43. Everyone shall have the right to work, including a possibility to earn a living by labour that he freely chooses or to which he freely agrees. The State shall create conditions for citizens that will make it possible to fully realise their right to work, guarantee equal opportunities in the choice of profession and of types of labour activities, and implement programmes for vocational education, training, and retraining of personnel according to the needs of society. The use of forced labour shall be prohibited. Military or alternative (non-military) service, work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the martial or state of emergency laws, shall not be considered the forced labour. Everyone shall have the right to proper, safe, and healthy labour conditions and to remuneration no less than the minimum wage determined by law. The employment of women and minors for work hazardous to their health shall be prohibited. Citizens shall be guaranteed protection from unlawful dismissal. The right to timely payment for work performed shall be protected by law. Article 44. Those who are employed shall have the right to strike in order to protect their economic and social interests. A procedure for exercising the right to strike shall be established by law taking into account the necessity to ensure national security, public health protection, and rights and freedoms of others. No one shall be forced to participate or not to participate in a strike. The prohibition of a strike shall be possible only on the basis of the law. Article 45. Everyone who is employed shall have the right to rest. This right shall be ensured by providing weekly rest days, paid annual vacation, and by establishing a shorter working day for certain professions and industries, as well as reducing working hours at night. The maximum duration of work time, the minimum duration of rest and of paid annual vacation, days off and holidays, as well as other conditions for exercising this right shall be determined by law. Article 46. Citizens shall have the right to social protection including the right to financial security in cases of complete, partial, or temporary disability, loss of the principal wage-earner, unemployment due to circumstances beyond their control, old age, and in other cases determined by law. This right shall be guaranteed by the mandatory state social insurance based on insurance payments made by citizens, enterprises, institutions, and organisations, as well as by budgetary and other sources of social security; and by establishing a network of state, communal, and private institutions caring for incapacitated persons. Pensions and other types of social payments and assistance that are the principal sources of subsistence shall ensure a standard of living not lower than the minimum living standard established by law. Article 47. Everyone shall have the right to housing. The State shall create conditions enabling every citizen to build, purchase, or rent housing. Citizens in need of social protection shall be provided with housing by the bodies of State power and local self-government, free of charge or at a price affordable for them in accordance with law. No one shall be arbitrarily deprived of housing other than on the basis of the law pursuant to a court decision. Article 48. Everyone shall have the right to a standard of living sufficient for themselves and their families including adequate nutrition, clothing, and housing. Article 49. Everyone shall have the right to health protection, medical care and medical insurance. Health protection shall be ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prevention programmes. The State shall create conditions for effective medical service accessible to all citizens. State and communal health protection institutions shall render medical care free of charge; the existing network of such institutions shall not be reduced. The State shall promote the development of medical institutions under all forms of ownership. The State shall provide for the development of physical culture and sports, and ensure sanitary-epidemic welfare. Article 50. Everyone shall have the right to an environment that is safe for life and health, and to compensation for damages caused by violation of this right. Everyone shall be guaranteed the right of free access to information about the environmental situation, the quality of foodstuffs and consumer goods, as well as the right to disseminate such information. No one shall make such information secret. Article 51. Marriage shall be based on free consent between a woman and a man. Each of the spouses shall have equal rights and duties in the marriage and family. Parents shall be obliged to sustain their children until they are of full age. Adult children shall be obliged to care for their parents who are incapable to work. The family, childhood, motherhood, and fatherhood shall be under the protection of the State. Article 52. Children shall be equal in their rights regardless of their origin and whether they are born in or out of wedlock. Any violence against a child or his exploitation shall be prosecuted by law. The subsistence and upbringing of orphans and children deprived of parental care shall be entrusted to the State. The State shall encourage and support charitable activity in regard to children. Article 53. Everyone shall have the right to education. Complete general secondary education shall be compulsory. The State shall ensure accessible and free pre-school, complete general secondary, vocational and higher education at the state and communal educational establishments; the development of pre-school, complete general secondary, extra-curricular, vocational, higher and post-graduate education, various forms of study; the provision of state scholarships and privileges to pupils and students. Citizens shall have the right to obtain free higher education at the state and communal educational establishments on a competitive basis. Citizens belonging to national minorities shall be guaranteed, in accordance with law, the right to education in their native language, or to study their native language at the state and communal educational establishments or through national cultural societies. Article 54. Citizens shall be guaranteed the freedom of literary, artistic, scientific, and technical creative activities, protection of intellectual property, their copyright, moral and material interests arising in connection with various types of intellectual activity. Every citizen shall have the right to the product of his intellectual, creative activity; no one shall use or distribute them without his consent, except for the cases established by law. The State shall promote the development of science and the establishment of scientific relations of Ukraine with the world community. Cultural heritage shall be protected by law. The State shall ensure the preservation of historical monuments and other objects of cultural value, and take measures to return to Ukraine the cultural treasures of the nation located beyond its borders. Article 55. Human and citizen rights and freedoms shall be protected by court. Everyone shall be guaranteed the right to challenge in court the decisions, actions, or inactivity of State power, local self-government bodies, officials and officers. Everyone shall have the right to appeal for the protection of his rights to the Authorised Human Rights Representative (Ombudsman) to the Verkhovna Rada of Ukraine. After exhausting all domestic legal instruments, everyone shall have the right to appeal for the protection of his rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organisations of which Ukraine is a member or participant. Everyone shall have the right to protect his rights and freedoms from violations and illegal encroachments by any means other than prohibited by law. Article 56. Everyone shall have the right to compensation, at the expense of the State authorities or local self-government bodies, for material and moral damages caused by unlawful decisions, actions, or inactivity of State power, local self-government bodies, officials, or officers while exercising their powers. Article 57. Everyone shall be guaranteed the right to know his rights and duties. Laws and other regulatory legal acts defining the rights and duties of citizens shall be brought to the notice of the population in compliance with the procedure established by law. Laws and other regulatory legal acts defining the rights and duties of citizens, which have not been brought to the notice of the population in compliance with the procedure established by law, shall be invalid. Article 58. Laws and other regulatory legal acts shall have no retroactive force, unless they mitigate or nullify the responsibility of a person. No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence. Article 59. Everyone shall have the right to legal assistance. Such assistance shall be rendered free of charge in cases stipulated by law. Everyone shall be free to choose the defender of his rights. In Ukraine, the advocate shall act to ensure the right to defense against accusations and to provide legal assistance during the hearing of cases in courts and other state bodies. Article 60. No one shall be obliged to execute directions or orders that are manifestly criminal. For the issue or execution of a manifestly criminal ruling or order, legal liability shall arise. Article 61. No person may be brought to legal liability of the same type for the same offence twice. The legal liability of a person shall be of an individual character. Article 62. A person shall be presumed innocent of committing a crime and shall not be subjected to criminal punishment until his guilt is proved through a legal procedure and established by a court verdict of guilty. No one shall be obliged to prove his innocence of committing a crime. An accusation shall not be based on illegally obtained evidence or on assumptions. All doubts in regard to the proof of guilt of a person shall be interpreted in his favour. In the event of revocation of a court verdict as unjust, the State shall compensate the material and moral damages caused by the groundless conviction. Article 63. A person shall not bear responsibility for refusing to testify or to provide explanations about himself/herself, members of his/her family, or close relatives, the circle of whom is determined by law. A suspect, an accused, or a defendant shall have the right to a defence. A convicted person shall enjoy all human and civil rights, with the exception of restrictions determined by law and established by a court verdict. Article 64. Constitutional human and civil rights and freedoms shall not be restricted, unless a restriction is stipulated by the Constitution of Ukraine. Under the conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effect for such restrictions. The rights and freedoms stipulated in Articles 24, 25, 27, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Constitution shall not be restricted. Article 65. Defence of the Motherland, independence and territorial integrity of Ukraine, respect for its State symbols shall be the duty of the citizens of Ukraine. Citizens shall perform military service in accordance with law. Article 66. Everyone shall be obliged not to harm nature or cultural heritage, and to compensate for any damage he/she inflicted. Article 67. Everyone shall be obliged to pay taxes and levies in accordance with the procedure and to the extent established by law. All citizens shall annually file declarations to the tax authorities at their place of residence on their property status and income for the past year, in compliance with the procedure established by law. Article 68. Everyone shall be obliged to strictly abide by the Constitution of Ukraine and laws of Ukraine, and not to encroach upon the rights, freedoms, honour, or dignity of other persons. Ignorance of laws shall not exempt one from legal liability. |
Amendment І
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment ІІ A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment ІІІ No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment ІХ The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment Х The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Amendment ХІІІ Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Amendment XV The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Amendment ХІХ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Amendment XXIV The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. Amendment XXVI The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. |
As the US as the Ukrainian Constitution provides rights and freedoms to their citizens. The main rights are next: individual inviolability, home right, personal documents and property right, and also the possibility to elect the authorities democratically. The US citizens are more protected from illegal actions by the state and someone else.
There is a large number of complex forgetable sentences in the section "Human and Citizens' Rights, Freedoms and Duties" in the Ukrainian Constitution. As a result, most Ukrainian people do not know their rights and consider the Constitution as a "Law textbook". They do not want to waste time for reading and understanding it.
What are the consequences?
Consequences of imperfect Ukrainian Constitution are next:
- poor people;
- corrupted power;
- huge and unpunished bureaucratic administrative machinery;
- the lack of a translucid court and the law rule;
- people's mistrust in their rights and wrong perception the Constitution by them.
What should we do?
The current Ukrainian Constitution is not suitable for people. It is the Constitution of transitional period. It is focused on protecting power from citizens. The only thing for the people is rights and freedom. The others is for authority: more rights and freedoms, complitely irresponsibility and impunity.
Ukraine needs a new Constitution - a new and righteous law, which Taras Shevchenko, Ukrainian traveling poet and writer, described 160 years ago. The basic example for new Constitution must be the US one - the Constitution of rich and successful country with a real law rule. It has been tested for centuries and it is still working perfect. It is necessary to activate whole civil society for establishment a new Constitution of Ukraine. Political parties, non-governmental organizations, intellectuals, diaspora and students should unite for adoption of such important state document. So let's start! No one except us can do it!
Ukraine needs a new Constitution - a new and righteous law, which Taras Shevchenko, Ukrainian traveling poet and writer, described 160 years ago.
It was the US Constitution, adopted on Sept. 17, 1787 at the Constitutional Convention in Philadelphia, chaired by the first US President George Washington, which the great Ukrainian Bard considered as the LAW OF RIGHTEOUSNESS.
Oleg Petrukha
Head of Non-governmental Organization
«FROM QUANTITY TO QUALITY»
Links to sources:
http://zakon3.rada.gov.ua/laws/show/254% D0%BA/96-%D0%B2%D1%80;
2) The US Constitution
https://constitutioncenter.org/media/files/ constitution.pdf;
3) Transparency International. Corruption Perceptions Index 2016
https://www.transparency.org/news/feature/ corruption_perceptions_index_2016;
4) The Law «On the Judiciary and the Status of Judges»
http://zakon3.rada.gov.ua/laws/ show/1402-19;
5) Taras Shevchenko. Zibrannia tvoriv: U 6 t. — K., 2003. — T. 2:Poeziia 1847-1861. — S. 258-260; 696-698
http://taras-shevchenko.infolike.net/poem-the-half-wit-taras-shevchenko-translated-by-john-weir.html;