Ukraine's Constitution of 1996 with Amendments Through 2014
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LAW of UKRAINE on the Ukrainian Parliament Commissioner for Human Rights
http://zakon2.rada.gov.ua/laws/show/776/97-%D0%B2%D1%80 LAW OF UKRAINE "On the Ukrainian Parliament Commissioner for Human Rights" With relevant amendments and supplements (as of 13 August 2014) CHAPTER I GENERAL PROVISIONS Article 1. Parliamentary control over the observance of constitutional human and citizens' rights and freedoms Parliamentary control over the observance of constitutional human and citizens' rights and freedoms and the protection of every individual's rights on the territory of Ukraine and within its jurisdiction is permanently exercised by the Ukrainian Parliament Commissioner for Human Rights (hereinafter referred to as «the Commissioner»). The Commissioner shall be guided by the Constitution of Ukraine, the laws of Ukraine and effective international treaties approved by the Verkhovna Rada of Ukraine. Article 2. The scope of application of the Law The scope of application of the Law shall extend to relations emerging from the fulfillment of human and citizens' rights and freedoms between a citizen of Ukraine, irrespective of his or her dwelling place, a foreigner or a stateless person, who are on the territory of Ukraine and bodies of state power and local self-government, their officials. The operation of this Law also applies to relations that arise between juridical persons of public and private law, as well as individuals who are on the territory of Ukraine in cases provided for by a specific law. Article 3. The purpose of the parliamentary control over the observance of constitutional human and citizens' rights -
Democracy and the Politics of Parliamentary Immunity in Turkey
121 Democracy and the politics NEW PERSPECTIVES ON TURKEY of parliamentary immunity in Turkey Department of Humanities and Social Sciences, Gürcan Koçan ‹stanbul Technical University Department of Philosophy, Simon Wigley Bilkent University In Turkey there is currently a widespread public desire to narrow the extent to which parliamentarians are immune from the law. That desire is largely motivated by the perception that political corruption is widespread and that parliamentary immunity only serves to obstruct the fight against it.1 As a result, a number of political parties have based their electoral platforms on the promise to limit the scope of parliamentary immunity once in office. As of yet, none have carried through their promise and this has only served to reinforce the public view that parliamentarians see their immunity as a personal privilege. Irrespective of the merits of that charge, there is a genuine concern that confronts Turkish deputies, which means that they will be less likely to limit the immunity once elected. Their concern is that current law does not adequately protect civil and political liberties and that the judiciary is not yet sufficiently evenhanded in its treatment of political cases. In effect, the fight against political corruption has been frustrated in part because of the risk to free speech that exposure to the law might entail. The almost contradictory position of the European Union well illustrates the problem. On the one hand, it is exerting pressure on the Turkish government to narrow parliamentary immunity so as to combat political corruption,2 while on the other hand it continues to raise concerns about the prosecution of non-violent expression and the partiality of the judiciary in Turkey.3 1 Ercis Kurtulufl, Country Reports on Political Corruption and Party Financing – Turkey (Transparency International, 2004); available from www.transparency.org. -
Parliamentary Immunity
Parliamentary Immunity A Comprehensive Study of the Systems of Parliamentary Immunity of the United Kingdom, France, and the Netherlands in a European Context Parliamentary Immunity A Comprehensive Study of the Systems of Parliamentary Immunity of the United Kingdom, France, and the Netherlands in a European Context DISSERTATION to obtain the degree of Doctor at the Maastricht University, on the authority of the Rector Magnificus, Prof. dr. L.L.G. Soete in accordance with the decision of the Board of Deans, to be defended in public on Thursday 26 September 2013, at 16.00 hours by Sascha Hardt Supervisor: Prof. mr. L.F.M. Verhey (Leiden University, formerly Maastricht University) Co-Supervisor: Dr. Ph. Kiiver Assessment Committee: Prof. dr. J.Th.J. van den Berg Prof. dr. M. Claes (Chair) Prof. dr. C. Guérin-Bargues (Université d’Orléans) Prof. mr. A.W. Heringa Prof. D. Oliver, MA, PhD, LLD Barrister, FBA (Univeristy College London) Cover photograph © Andreas Altenburger - Dreamstime.com Layout by Marina Jodogne. A commercial edition of this PhD-thesis will be published by Intersentia in the Ius Commune Europaeum Series, No. 119 under ISBN 978-1-78068-191-7. Für Danielle ACKNOWLEDGEMENTS As I have been told, the idea that I could write a doctoral dissertation first occurred to Philipp Kiiver when he was supervising my bachelor thesis in 2007. At that time, I may well have dreamed of a PhD position, but I was far from having any actual plans, let alone actively pursuing them. Yet, not a year later, Luc Verhey and Philipp Kiiver asked me whether I was interested to join the newly founded Montesquieu Institute Maastricht as a PhD researcher. -
Constitution of Ukraine
Constitution of Ukraine Preamble 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. Title I General Principles Article 1. Ukraine shall be a sovereign and independent, democratic, social, law-based state. Article 2. The sovereignty of Ukraine shall extend throughout its entire territory. Ukraine shall be a unitary state. The territory of Ukraine within its present borders shall be indivisible and inviolable. Article 3. An individual, his life and health, honour and dignity, inviolability and security shall be recognised in Ukraine as the highest social value. Human rights and freedoms, and guarantees thereof shall determine the essence and course of activities of the State. The State shall be responsible to the individual for its activities. Affirming and ensuring human rights and freedoms shall be the main duty of the State. Article 4. There shall be a single form of citizenship in Ukraine. -
The Functioning of Democratic Institutions in Turkey
http://assembly.coe.int Doc. 15272 21 April 2021 The functioning of democratic institutions in Turkey Report1 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Co-rapporteurs: Mr Thomas HAMMARBERG, Sweden, Socialists, Democrats and Greens Group, and Mr John HOWELL, United Kingdom, European Conservatives Group and Democratic Alliance Summary The Monitoring Committee is deeply concerned about recent developments in Turkey which have further undermined democracy, the rule of law and human rights. Procedures seeking to lift the parliamentary immunity of a third of the parliamentarians (overwhelmingly from opposition parties), the attempt to close the Peoples' Democratic Party (HDP) and the continued crackdown on its members put political pluralism and the functioning of democratic institutions at risk. The presidential decision of 20 March 2021 to withdraw from the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No.210, the Istanbul Convention) to combat violence against women and domestic violence is a regrettable step backwards, made without any parliamentary debate, which raises the question of the modalities of denunciation of conventions in democratic societies. The committee also urges the immediate release of Selahattin Demirtaş and Osman Kavala following the final judgments of the European Court of Human Rights. In order to reverse these worrying trends, the Turkish authorities should seize the opportunity of implementing the Human Rights Action Plan and revising the legislation on elections and political parties to take meaningful steps, put an end to the judicial harassment of opposition and dissenting voices, improve freedom of expression and media and restore the independence of the judiciary, in co-operation with the Council of Europe 1. -
LAW of UKRAINE on Civil Service
LAW OF UKRAINE On Civil Service This Law defines legal and organizational principles of civil service, and conditions and procedures for the exercise of the right to civil service by citizens of Ukraine. SECTION І GENERAL PROVISIONS Article 1. Terms and definitions 1. The terms listed below shall have the following meanings herein: 1) civil service shall mean professional activities of civil servants including development of proposals on state policy making, ensuring its implementation, and provision of administrative services; 2) civil servant shall mean a citizen of Ukraine holding a civil service position in any public agency of Ukraine or the Autonomous Republic of Crimea or their secretariats (apparatus); earning a salary paid from the funds of the state budget unless otherwise specified by the law; and exercising the powers specified for that position and directly related to realization of tasks and performance of functions of the public agency of Ukraine or the Autonomous Republic of Crimea as regards: development of proposals on state policy making; drafting, examination, and/or editing of draft legal acts; provision of administrative services; public monitoring and supervision; management of state property of Ukraine or the Autonomous Republic of Crimea, including management of state corporate rights; human resource management in public agencies of Ukraine or the Autonomous Republic of Crimea or their secretariats; realization of other powers (or competence) of the respective public agency; 3) an order shall mean a form of exercise -
Center NOMOS EITI Ukraine Update.Pdf
Association “EnergyTransparency” Center NOMOS ANALYSIS of progress in transparency of hydrocarbons’ producing companies and natural monopolies responsible for pipeline transportation of hydrocarbon resources in Ukraine using adapted reporting templates of Extractive Industries Transparency Initiative. Kyiv 2010 Expert Group: Michael Gonchar, Project Coordinator Olexandr Malynovsky Andriy Chubyk Serhii Zhuk Olena Ptashnykova The Center “NOMOS” was established in November, 2003 in Sevastopol as a non-governmental orga- nization the goal of which is participation and support of strategic research projects in the areas of national and international security; international relations in the Caspian, South Caucasus and Black Sea regions; Ukraine's integration into the EU and the NATO. Since 2005, the Centre has published all-Ukrainian quarterly journal “The Black Sea Security”. Materials of the edition available online at www.nomos.com.ua Since 2006 the Office of Energy Programs of the Center has operated in Kiev. During this period sev- eral projects aimed at increasing transparency in the oil and gas sector of Ukraine were implemented in cooperation with the International Renaissance Foundation, Friedrich Ebert Stiftung, and Robert Schuman Foundation. In 2009, the Center “NOMOS” in partnership with other NGOs initiated the accession of Ukraine to Extractive Industries Transparency Initiative (EITI). The Center “NOMOS” together with “DiXi Group”, Association “EnergyTransparency” and Kyiv International Energy “Q-Club” supports online resource www.ua-energy.org Contacts: 24 M.Muzika St., off. 2 13 Olzhicha St., off. 22 Sevastopol, 99007 Kyiv, 04060 Ukraine Ukraine phone/fax: +38 (0692) 44 39 92 phone: +38 (044) 507 01 98 phone: + 38 (0692) 45 04 51 fax: +38 (044) 440 21 66 е-mail: [email protected] е-mail: [email protected] Design, printed: Private company Lanovenko CONTENTS. -
The Ukrainian Constitution: Interpretation of the Citizens' Rights Provisions Richard C.O
Case Western Reserve Journal of International Law Volume 31 | Issue 1 1999 The Ukrainian Constitution: Interpretation of the Citizens' Rights Provisions Richard C.O. Rezie Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Richard C.O. Rezie, The Ukrainian Constitution: Interpretation of the Citizens' Rights Provisions, 31 Case W. Res. J. Int'l L. 169 (1999) Available at: https://scholarlycommons.law.case.edu/jil/vol31/iss1/6 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE UKRAINIAN CONSTITUTION: INTERPRETATION OF THE CITIZENS' RIGHTS PROVISIONS Richard C.O. Rezie * TABLE OF CONTENTS INTRODUCTION AND GENERAL SCOPE ............................................. 170 I. THE HISTORICAL BASIS OF THE CITIZENS' RIGHTS PROVISIONS AND THE CLAW BACK PROVISIONS ............................................ 172 II. CONTEMPORARY POLITICAL AND IDEOLOGICAL BASIS OF THE CITIZENS' RIGHTS PROVISIONS AND THE CLAW BACK PROVISIONS ................................................................................... 182 I. THE CONSTITUTIONAL COURT'S ROLE IN INTERPRETING THE CONSTITUTION ...................................................................... 186 A. Procedural Issues Involved with -
Ukraine in Its Modern History, Has Experienced Two Historical Moments of Global Compromise
The 1996 Constitution of Ukraine: A reflection of the values of the political elite. Ukraine in its modern history, has experienced two historical moments of global compromise. The first was the Declaration of Independence, when most Communists voted for the national ideals that we promoted, and the second was the adoption of the Constitution Ukrainian Parliamentary deputy (Interview #8) To Tato & Moko without whom my time in Cambridge would not have been The Illusion is not shattered Like a child it has grown. In a maturing reality, It became unrecognizable But it remains good. Table of Contents Introduction ........................................................................................................ 1 Theoretical Framework ...................................................................................... 3 Values 4 Political Culture 6 Plan of the Dissertation 8 Methods ............................................................................................................... 9 The Interview Sample 10 Overall Approach 13 Coding 14 A Note on Presentation 15 Historical Overview of the Constitutional Drafting Process ........................... 17 Early Drafts 17 The 1994 Elections 18 The June 1995 Constitutional Agreement 21 The Syrota Committee 21 Final Stages 24 Nationality ........................................................................................................ 28 Clash of Symbols and Myths 28 Language 35 Citizenship and Nationality 38 An Imperfectly Unified Elite 42 Political Culture and Institutional -
The History of Ukraine Advisory Board
THE HISTORY OF UKRAINE ADVISORY BOARD John T. Alexander Professor of History and Russian and European Studies, University of Kansas Robert A. Divine George W. Littlefield Professor in American History Emeritus, University of Texas at Austin John V. Lombardi Professor of History, University of Florida THE HISTORY OF UKRAINE Paul Kubicek The Greenwood Histories of the Modern Nations Frank W. Thackeray and John E. Findling, Series Editors Greenwood Press Westport, Connecticut • London Library of Congress Cataloging-in-Publication Data Kubicek, Paul. The history of Ukraine / Paul Kubicek. p. cm. — (The Greenwood histories of the modern nations, ISSN 1096 –2095) Includes bibliographical references and index. ISBN 978 – 0 –313 – 34920 –1 (alk. paper) 1. Ukraine —History. I. Title. DK508.51.K825 2008 947.7— dc22 2008026717 British Library Cataloguing in Publication Data is available. Copyright © 2008 by Paul Kubicek All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2008026717 ISBN: 978– 0– 313 – 34920 –1 ISSN: 1096 –2905 First published in 2008 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.greenwood.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48 –1984). 10 9 8 7 6 5 4 3 2 1 Every reasonable effort has been made to trace the owners of copyright materials in this book, but in some instances this has proven impossible. -
NARRATING the NATIONAL FUTURE: the COSSACKS in UKRAINIAN and RUSSIAN ROMANTIC LITERATURE by ANNA KOVALCHUK a DISSERTATION Prese
NARRATING THE NATIONAL FUTURE: THE COSSACKS IN UKRAINIAN AND RUSSIAN ROMANTIC LITERATURE by ANNA KOVALCHUK A DISSERTATION Presented to the Department of Comparative Literature and the Graduate School of the University of Oregon in partial fulfillment of the requirements for the degree of Doctor of Philosophy June 2017 DISSERTATION APPROVAL PAGE Student: Anna Kovalchuk Title: Narrating the National Future: The Cossacks in Ukrainian and Russian Romantic Literature This dissertation has been accepted and approved in partial fulfillment of the requirements for the Doctor of Philosophy degree in the Department of Comparative Literature by: Katya Hokanson Chairperson Michael Allan Core Member Serhii Plokhii Core Member Jenifer Presto Core Member Julie Hessler Institutional Representative and Scott L. Pratt Dean of the Graduate School Original approval signatures are on file with the University of Oregon Graduate School. Degree awarded June 2017 ii © 2017 Anna Kovalchuk iii DISSERTATION ABSTRACT Anna Kovalchuk Doctor of Philosophy Department of Comparative Literature June 2017 Title: Narrating the National Future: The Cossacks in Ukrainian and Russian Romantic Literature This dissertation investigates nineteenth-century narrative representations of the Cossacks—multi-ethnic warrior communities from the historical borderlands of empire, known for military strength, pillage, and revelry—as contested historical figures in modern identity politics. Rather than projecting today’s political borders into the past and proceeding from the claim that the Cossacks are either Russian or Ukrainian, this comparative project analyzes the nineteenth-century narratives that transform pre- national Cossack history into national patrimony. Following the Romantic era debates about national identity in the Russian empire, during which the Cossacks become part of both Ukrainian and Russian national self-definition, this dissertation focuses on the role of historical narrative in these burgeoning political projects. -
Dniester Jews Between
PARALLEL RUPTURES: JEWS OF BESSARABIA AND TRANSNISTRIA BETWEEN ROMANIAN NATIONALISM AND SOVIET COMMUNISM, 1918-1940 BY DMITRY TARTAKOVSKY DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History in the Graduate College of the University of Illinois at Urbana-Champaign, 2009 Urbana, Illinois Doctoral Committee: Professor Mark D. Steinberg, Chair Professor Keith Hitchins Professor Diane P. Koenker Professor Harriet Murav Assistant Professor Eugene Avrutin Abstract ―Parallel Ruptures: Jews of Bessarabia and Transnistria between Romanian Nationalism and Soviet Communism, 1918-1940,‖ explores the political and social debates that took place in Jewish communities in Romanian-held Bessarabia and the Moldovan Autonomous Soviet Socialist Republic during the interwar era. Both had been part of the Russian Pale of Settlement until its dissolution in 1917; they were then divided by the Romanian Army‘s occupation of Bessarabia in 1918 with the establishment of a well-guarded border along the Dniester River between two newly-formed states, Greater Romania and the Soviet Union. At its core, the project focuses in comparative context on the traumatic and multi-faceted confrontation with these two modernizing states: exclusion, discrimination and growing violence in Bessarabia; destruction of religious tradition, agricultural resettlement, and socialist re-education and assimilation in Soviet Transnistria. It examines also the similarities in both states‘ striving to create model subjects usable by the homeland, as well as commonalities within Jewish responses on both sides of the border. Contacts between Jews on either side of the border remained significant after 1918 despite the efforts of both states to curb them, thereby necessitating a transnational view in order to examine Jewish political and social life in borderland regions.