Implementation of Human Rights in Ukrainian Legislation

The Committee on Human Rights, Ethnic Minorities and International Relations of the Verkhovna Rada of Ukraine and in particular its subcommittee on human rights is charged with the responsibility of analyzing the laws in force in Ukraine concerning human rights whether they correspond to the norms of international law. Furthermore, they are charged with analyzing new bills which are submitted for consideration by the Verkhovna Rada from the perspective of securing universally recognized human rights.

Adopted by the Verkhovna Rada the Constitution of Ukraine assures rights, and freedoms of Ukrainian citizens and foreigners living in Ukraine. According to the Constitution of Ukraine, Chapter II ‘Human and Citizens' Rights, Freedoms and Duties’ :All people are free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable. (Article 21)

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 22)

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 23)

Citizens have equal constitutional rights and freedoms and are equal before the law. There shall be no privileges or restrictions based on race, color 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 privilegesto pregnant women and mothers. (Article 24)

A citizen of Ukraineshall not be deprived of citizenship and of the right to change citizenship. A citizen of Ukraine shall not be expelled from Ukraine orsurrendered to another state. Ukraine guarantees care and protection to its citizens who are beyond its borders. (Article 25)

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 26)

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 27)

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 28)

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 authorized 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 be released 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, appraised 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 29)

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 30)

Everyone is guaranteed privacy of mail, telephone conversations, telegraph and other correspondence. Exceptions shall be established only by a court in cases envisaged by law, with the purpose of preventing crime or ascertaining the truth in the course of the investigation of a criminal case, if it is not possible to obtain information by other means. (Article 31)

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 disseminationof 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 organizations. 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 32)

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 33)

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 health of 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 34)

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 this right 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 organizations in Ukraine are separated from the State, and the school — from the Church. No religion shall be recognized 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 35)

Citizens от Ukraine have the right to freedom of association in political parties and public organizations for the exercise and protection of their rights and freedoms and for the satisfaction of 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, the protection of the health of the population or the protection of rights and freedoms of other persons.

Political parties in Ukraine promote the formation and expression of the political will of citizens, and participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties are established exclusively by this Constitution and the laws of Ukraine.

Citizens have the right to take part in trade unions with the purpose of protecting their labor and socio-economic rights and interests. Trade unions are public organizations that unite citizens bound by common interests that accord with the nature of their professional activity. Trade unions are formed without prior permissionon the basis of the free choice of their members. All trade unions have equal rights. Restrictions on membership in trade unions are established exclusively by this Constitution and the laws of Ukraine.

No one may be forced to join any association of citizens or be restricted in his or her rights for belonging or not belonging to political parties or public organizations. All associations of citizens are equal before the law. (Article 36)

Citizens 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 bodies of state power and bodies of local self-government. Citizens enjoy the equal right of access to the civil service and to service in bodies of local self-government. (Article 38)

Citizens have the right to assemble peacefully without arms and to hold meetings, rallies, processions and demonstrations, upon notifying in advance the bodies of executive power or bodies of local self-government. Restrictions on the exercise of this right may be established by a court in accordance with the law and only in the interests of national security and public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, or protecting the rights and freedoms of other persons. (Article 39)

Everyone has the right to file individual or collective petitions, or to personally appeal to bodies of state power, bodies of local self-government, and to the officials and officers of these bodies, that are obliged to consider the petitions and to provide a substantiated reply within the term established by law. (Article 40)

Everyone has the right to own, use and dispose of his or her property, and the results of his or her intellectual and creative activity. The right of private property is acquired by the procedure determined by law. In order to satisfy their needs, citizens may use the objects of the right of state and communal property in accordance with the law. No one shall be unlawfully deprived of the right of property. The right of private property is inviolable. (Article 41)

Everyone has the right to entrepreneurial activity that is not prohibited by law.

The entrepreneurial activity of deputies, officials and officers of bodies of state power and of bodies of local self-government is restricted by law. The State ensures the protection of competition in entrepreneurial activity. State protects the rights of consumers, exercises control over the quality and safety of products and of all types of services and work, and promotes the activity of public consumer associations. (Article 42)

Everyone has the right to labor, including the possibility to earn one's living by labor that he or she freely chooses or to which he or she freely agrees.

The State creates conditions for citizens to fully realize their right to labor, guarantees equal opportunities in the choice of profession and of types of labor activity, implements programs of vocational education, training and retraining of personnel according to the needs of society. The use of forced labor is prohibited. Everyone has the right to proper, safe and healthy work conditions and to remuneration no less than the minimum wage as determined by law. The employment of women and minors for work that is hazardous to their health is prohibited. Citizens are guaranteed protection from unlawful dismissal. The right to timely payment for labor is protected by law. (Article 43)

Those who are employed have the right to strike for the protection of their economic and social interests. The procedure for exercising the right to strike is established by law, taking into account the necessity to ensure national security, health protection, and rights and freedoms of other persons. No one shall be forced to participate or not to participate in a strike. (Article 44)

Everyone who is employed has the right to rest. This right is ensured by providing weekly rest days and also paid annual vacation, by establishing a shorter working day for certain professions and industries, and reduced working hours at night. The maximum number of working hours, the minimum duration of rest and of paid annual vacation, days off and holidays as well as other conditions for exercising this right, are determined by law. (Article 45)

Citizens have the right to social protection that includes the right to provision in cases of complete, partial or temporary disability, the loss of the principal wage-earner, unemployment due to circumstances beyond their control and also in old age, and in other cases established by law. This right is guaranteed by general mandatory state social insurance on account of the insurance payments of citizens, enterprises, institutions and organizations, and also from budgetary and other sources of social security; by the establishment of a network of state, communal and private institutions to care for persons incapable of work.

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 46)

Everyone has the right to housing. The State creates conditions that enable every citizen to build, purchase as property, or to rent housing. Citizens in need of social protection are provided with housing by the State and bodies of local self-government, free of charge or at a price affordable for them, in accordance with the law. No one shall be forcibly deprived of housing other than on the basis of the law pursuant to a court decision. (Article 47)

Everyone has the right to a standard of living sufficient for himself or herself and his or her family that includes adequate nutrition, clothing and housing. (Article 48)

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 programs. The State creates conditions for effective medical service accessible to all citizens. (Article 49)

Everyone has the right to an environment that is safe for life and health, and to compensation for damages inflicted through the violation of this right. Everyone is guaranteed the right of free access to information about the environmental situation, the quality of food and consumer goods, and also the right to disseminate such information. No one shall make such information secret. (Article 50)

Marriage is based on the free consent of a woman and a man. Each of the spouses has equal rights and duties in the marriage and family. Parents are obliged to support their children until they attain the age of majority. Adult children are obliged to care for their parents who are incapable of work. The family, childhood, motherhood and fatherhood are under the protection of the State. (Article 51)

Children are 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 or her exploitation, shall be prosecuted by law. The maintenance and upbringing of orphans and children deprived of parental care is entrusted to the State. The State encourages and supports charitable activity in regard to children. (Article 52)

Everyone has the right to education. Complete general secondary education is compulsory. The State ensures accessible and free preschool, complete general secondary, vocational and higher education in state and communal educational establishments; the development of pre-school, complete general secondary, extra-curricular, vocational, higher and post-graduate education, various forms of instruction; the provision of state scholarships and privileges to pupils and students. Citizens have the right to obtain free higher education in state and communal educational establishments on a competitive basis. Citizens who belong to national minorities are guaranteed in accordance with the law the right to receive instruction in their native language, or to study their native language in state and communal educational establishments and through national cultural societies. (Article 53)

Citizens are guaranteed the freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, their copyrights, moral and material interests that arise with regard to various types of intellectual activity.

Every citizen has the right to the results of his or her intellectual, creative activity; no one shall use or distribute them without his or her consent, with the exceptions established by law. (Article 54)

Human and citizens' rights and freedoms are protected by the court. Everyone is guaranteed the right to challenge in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers. Everyone has the right to appeal for the protection of his or her rights to the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine. After exhausting all domestic legal remedies, everyone has the right to appeal for the protection of his or her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organizations of which Ukraine is a member or participant. Everyone has the right to protect his or her rights and freedoms from violations and illegal encroachments by any means not prohibited by law. (Article 55)

Everyone has the right to compensation, at the expense of the State or bodies of local self-government, for material and moral damages inflicted by unlawful decisions, actions or omission of bodies of state power, bodies of local self-government, their officials and officers during the exercise of their authority. (Article 56)

Everyone is guaranteed the right to know his or her rights and duties. Laws and other normative legal acts that determine the rights and duties of citizens shall be brought to the notice of the population by the procedure established by law.

Laws and other normative legal acts that determine the rights and duties of citizens, but that are not brought to the notice of the population by the procedure established by law, are not in force. (Article 57)

Laws and other normative legal acts have no retroactive force, except in cases where they mitigate or annul 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 58)

Everyone has the right to legal assistance. Such assistance is provided free of charge in cases envisaged by law. Everyone is free to choose the defender of his or her rights. In Ukraine, the advocacy acts to ensure the right to a defense against accusation and to provide legal assistance in deciding cases in courts and other state bodies. (Article 59)

No one is obliged to execute rulings or orders that are manifestly criminal. For the issuance or execution of a manifestly criminal ruling or order, legal liability arises. (Article 60)

For one and the same offence, no one shall be brought twice to legal liability of the same type. The legal liability of a person is of an individual character. (Article 61)

A person is presumed innocent of committing a crime and shall not be subjected to criminal punishment until his or her guilt is proved through legal procedure and established by a court verdict of guilty. No one is obliged to prove his or her innocence of committing a crime. An accusation shall not be based on illegally obtained evidence as well as on assumptions. All doubts in regard to the proof of guilt of a person are interpreted in his or her favor. In the event that a court verdict is revoked as unjust, the State compensates the material and moral damages inflicted by the groundless conviction. (Article 62)

A person shall not bear responsibility for refusing to testify or to explain anything about himself or herself, members of his or her family or close relatives in the degree determined by law. A suspect, an accused, or a defendant has the right to a defense. A convicted person enjoys all human and citizens' rights, with the exception of restrictions determined by law and established by a court verdict. (Article 63)

Constitutional human and citizens' rights and freedoms shall not be restricted, except in cases envisaged by the Constitution of Ukraine. (Article 64)

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