Constitution of Crimea, 1998
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Supreme Council of Crimea
21 October 1998
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SECTION I: GENERAL PROVISIONS
CHAPTER 1. Constitutional Foundations of Status and Powers of the Autonomous Republic of Crimea, Principles and Guarantees of the Autonomous Republic of Crimea
- Article 1. Status of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea
1. The Autonomous Republic of Crimea shall be an integral part of Ukraine and it shall solve, within the powers conferred upon it by the Constitution of Ukraine, any and all matters coming within its terms of reference. The Autonomous Republic of Crimea shall also exercise any and all powers as may be delegated to it by Ukrainian laws pursuant to the Constitution of Ukraine.
2. The powers, formation procedure and proceedings of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be determined by the Constitution of Ukraine and Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea upon the matters coming within its terms of reference.
3. The Supreme Rada of the Autonomous Republic of Crimea shall be a representative body of the Autonomous Republic of Crimea and it shall discharge and exercise representative, rule-making and supervisory functions and powers within its terms of reference. The Council of Ministers of the Autonomous Republic of Crimea shall be an executive body of the Autonomous Republic of Crimea and it shall discharge and exercise executive functions and powers within its terms of reference.
4. The organisation and business of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be based on separation of powers between them, control by, accountability to and responsibility vis-a-vis the Supreme Rada of the Autonomous Republic of Crimea, the same being a representative body elected directly by citizens, of the bodies established or formed by it, and of the functionaries elected, appointed or approved by the Supreme Rada of the Autonomous Republic of Crimea.
- Article 2. Legal Foundations and Guarantees of Status and Powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea
1. The legal foundation of the status and powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be the Constitution of Ukraine, Ukrainian laws and the Constitution of the Autonomous Republic of Crimea.
2. In the event where the provisions of the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the acts of the Council of Ministers of the Autonomous Republic of Crimea should contradict the Constitution of Ukraine and/or Ukrainian laws, the provisions of the Constitution of Ukraine and Ukrainian laws shall prevail.
- Article 3. Fundamental Principles and Guarantees of the Autonomous Republic of Crimea
1. The fundamental principles of the Autonomous Republic of Crimea shall be:
sovereignty of the people;
supremacy of law;
constitutionalism;
respect for and securing of human and civil rights and freedoms;
legality;
electiveness;
collectiveness;
publicity; and
concord of the interests of the Autonomous Republic of Crimea and the national interests of Ukraine.
2. The fundamental guarantees of the Autonomous Republic of Crimea shall be:
legal, organisational, financial, property and resource self-sufficiency within the limits established by the Constitution of Ukraine which shall secure the exercise of the powers of the Autonomous Republic of Crimea;
taking into account of the specifics of the Autonomous Republic of Crimea, as provided for by the Constitution of Ukraine, by Ukrainian public authorities when passing resolutions regarding the Autonomous Republic of Crimea;
state guarantees of the status, powers and the right of property of the Autonomous Republic of Crimea; and
judicial protection of the status and powers of the Autonomous Republic of Crimea.
- Article 4. Constitution of the Autonomous Republic of Crimea, Statutory Acts of the Supreme Rada of the Autonomous Republic of Crimea and Acts of the Council of Ministers of the Autonomous Republic of Crimea
1. The Constitution of the Autonomous Republic of Crimea shall be adopted on the basis of and pursuant to the Constitution of Ukraine.
2. The Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea shall be published in the official language, as well as in Russian and Crimean Tatar.
3. The norms of the Constitution of the Autonomous Republic of Crimea shall have direct action.
4. Any and all statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea or any provisions thereof which shall prove to be contradictory to the Constitution of the Autonomous Republic of Crimea shall be of no legal force and effect.
Such acts may be appealed against in court by persons whose rights and interests have been violated and such acts may be recognised by court as void, unless otherwise established by Ukrainian law.
The Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall be entitled to repeal their acts, whether in full or in part.
5. Any and all statutory acts regarding human and civil rights and freedoms and/or establishing human and civil duties shall take effect after promulgation in accordance with the established procedure.
6. The statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea shall be binding and compulsory within the territory of the Autonomous Republic of Crimea.
- Article 5. Control of the State over Conformity of the Constitution of the Autonomous Republic of Crimea, Statutory Acts of the Supreme Rada of the Autonomous Republic of Crimea and Acts of the Council of Ministers of the Autonomous Republic of Crimea to the Constitution of Ukraine and Ukrainian Laws
1. Any and all matters regarding the conformity of the Constitution of the Autonomous Republic of Crimea and/or the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea to the Constitution of Ukraine shall be solved by the Constitutional Court of Ukraine pursuant to the Constitution of Ukraine.
2. The President of Ukraine may, in case of non-conformity of any statutory acts of the Supreme Rada of the Autonomous Republic of Crimea to the Constitution of Ukraine and Ukrainian laws, suspend the effects of such statutory acts of the Supreme Rada of the Autonomous Republic of Crimea with simultaneous recourse to the Constitutional Court of Ukraine regarding the constitutionality of such acts.
3. The acts of the Council of Ministers of the Autonomous Republic of Crimea shall be repealed by the President of Ukraine.
4. Acting in the Autonomous Republic of Crimea shall be the Representative Office of the President of Ukraine.
5. The President of Ukraine, the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine and other public authorities shall exercise their powers with respect to the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea, the Council of Ministers of the Autonomous Republic of Crimea and the republican bodies of the Autonomous Republic of Crimea by virtue of, within the powers conferred upon and in such manner as provided for by the Constitution of Ukraine and Ukrainian laws.
- Article 6. Forms of Participation of Citizens in Solution of Matters Coming within Terms of Reference of the Autonomous Republic of Crimea
1. Ukrainian nationals residing in the Autonomous Republic of Crimea shall freely participate in the solution of any and all such matters as come within the terms of reference of the Autonomous Republic of Crimea, both directly, which shall be by way of elections and referendums, and through the authorities of the Autonomous Republic of Crimea.
2. Independent scientific, creative and public examination by experts in pertaining fields of knowledge may be conducted in the Autonomous Republic of Crimea during the preparation and passing of resolutions upon the matters coming within the terms of reference of the Autonomous Republic of Crimea.
3. Citizens shall freely exercise the right to forward individual or collective (inclusive of citizens’ associations) applications to the authorities of the Autonomous Republic of Crimea, establishments, organisations and functionaries regarding the matters coming within their terms of reference and receive the replies, in accordance with the procedure established by law, together with any and all true information regarding their rights and legitimate interests.
4. Citizens shall be unimpeded in exercising the right of appeal in court against any and all acts and actions or inaction of or on the part of the authorities of the Autonomous Republic of Crimea, establishments, organisations and functionaries which or who shall violate their rights.
5. No one shall be entitled to acquire or make use of any powers of authority in defiance of the Constitution of Ukraine, Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
6. Every citizen, foreign national or person with no national status residing in the Autonomous Republic of Crimea shall bear liability for any breach of the Constitution of Ukraine, Ukrainian laws, the Constitution of the Autonomous Republic of Crimea, the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the acts of the Council of Ministers of the Autonomous Republic of Crimea in accordance with the procedure established by Ukrainian laws.
CHAPTER 2. Territory, Symbols and Capital of the Autonomous Republic of Crimea
- Article 7. Territory of the Autonomous Republic of Crimea
1. The territory of the Autonomous Republic of Crimea shall be determined by such boundaries as were in existence as at 20 January 1991, which was the day of referendum, and as at the day on which the Law of Ukraine on reestablishment of the autonomous republic took effect.
(The provision of paragraph one, part one of Article 7
conforms to the Constitution of Ukraine
(is constitutional) on the strength of the decision of the Constitutional Court of Ukraine dated 16/01/2003, numbered 1-рп/2003)
The Government of the City of Sevastopol may be established and act under the Supreme Rada of the Autonomous Republic of Crimea.
2. The territory of the Autonomous Republic of Crimea may be changed if it should be so resolved by a republican (local) referendum and by a resolution of the Supreme Rada of the Autonomous Republic of Crimea pursuant to the Constitution of Ukraine.
(The provision of part two of Article 7
conforms to the Constitution of Ukraine
(is constitutional) on the strength of the decision of the Constitutional Court of Ukraine dated 16/01/2003, numbered 1-рп/2003)
3. The following shall be political units in the Autonomous Republic of Crimea: rayon, city/town, city/town district, settlement, village and other units pursuant to the Constitution of Ukraine and Ukrainian laws.
Any and all matters regarding the establishment and change of boundaries of the said political units in the Autonomous Republic of Crimea shall be determined by Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference.
- Article 8. Symbols of the Autonomous Republic of Crimea, Capital of the Autonomous Republic of Crimea
1. The Autonomous Republic of Crimea shall have symbols of its own, such as the Emblem, the Flag and the Anthem. The music and text of the Anthem, the description of the Emblem and the Flag of the Autonomous Republic of Crimea, as well as the procedure of use of the same, shall be established by the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
(The provision of part one of Article 8
conforms to the Constitution of Ukraine
(is constitutional) on the strength of the decision of the Constitutional Court of Ukraine dated 16/01/2003, numbered 1-рп/2003)
2. The capital of the Autonomous Republic of Crimea shall be the City of Simferopol. The specifics of the City of Simferopol as the capital of the Autonomous Republic of Crimea shall be determined by the Supreme Rada of the Autonomous Republic of Crimea on the basis of Ukrainian laws.
CHAPTER 3. Securing Rights and Freedoms of Ukrainian Nationals and Rights of Ethnic Groups in the Autonomous Republic of Crimea
- Article 9. Securing Rights and Freedoms of Ukrainian Nationals in the Autonomous Republic of Crimea
1. Human and civil rights and freedoms in the Autonomous Republic of Crimea shall be established and guaranteed by the Constitution of Ukraine and Ukrainian laws, and, pursuant to the same, by the Constitution of the Autonomous Republic of Crimea.
2. The Constitution of the Autonomous Republic of Crimea and the statutory acts of the authorities of the Autonomous Republic of Crimea may in no way limit any rights and freedoms of citizens established by the Constitution of Ukraine and Ukrainian laws.
3. The principal objective of the authorities of the Autonomous Republic of Crimea, the bodies of local self-government and the functionaries thereof shall be to secure the exercise of human and civil rights and freedoms and worthy living conditions of citizens.
Additional forms of public assistance, support and protection of population may be established by the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea with attraction of budgetary funds of the Autonomous Republic of Crimea.
- Article 10. Securing Application and Development of Official Language, Russian, Crimean Tatar and Other Ethnic Groups’ Languages in the Autonomous Republic of Crimea
1. In the Autonomous Republic of Crimea, alongside with the official language, the application and development, use and protection of Russian, Crimean Tatar and other ethnic groups’ languages shall be secured.
2. In the Autonomous Republic of Crimea, Russian, being the language spoken by the majority of population and the language acceptable for purposes of interethnic communication, shall be used in all spheres of public life.
3. In the Autonomous Republic of Crimea, citizens shall be guaranteed the right to be educated in their native language at children’s preschool establishments, to learn the native language, to be taught in the native language at educational establishments of state, republican and/or municipal form of ownership or through ethnic cultural societies or in accordance with the procedure established by Ukrainian legislation and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference.
- Article 11. Language of Documents Certifying Citizen’s Status in the Autonomous Republic of Crimea
Pursuant to Ukrainian legislation, any and all official documents in the Autonomous Republic of Crimea certifying the citizen’s status, such as the identity card, work record card, educational level evidences, birth certificate, marriage certificate and others, shall be executed in Ukrainian and Russian and, upon request of a citizen, also in Crimean Tatar.
- Article 12. Language of Legal Procedure, Notarial Procedure, Administrative Offence Procedure and Legal Assistance in the Autonomous Republic of Crimea.
Pursuant to the Ukrainian legislation now in force, the language of legal procedure, notarial procedure, administrative offence procedure and legal assistance in the Autonomous Republic of Crimea shall be Ukrainian or, upon request of a participant in a respective procedure, Russian, as the language spoken by the majority of the population of the Autonomous Republic of Crimea.
Any and all other matters of application of languages in the above spheres of activity in the Autonomous Republic of Crimea shall be regulated by Ukrainian laws.
- Article 13. Working Language of Post, Telegraph and Services Sector Enterprises, Establishments and Organisations in the Autonomous Republic of Crimea
1. In the Autonomous Republic of Crimea, post and telegraph correspondence from individuals, public, republican, non-government and other bodies, enterprises, establishments and organisations shall be accepted for sending if executed in Ukrainian or Russian.
2. Used in all consumers services (municipal services, public transport, public health and others) and at services sector enterprises, establishments and organisations shall be Ukrainian or Russian or any other language acceptable for parties.
- Article 14. Exercise of Citizens’ Rights and Interests in National Culture Sphere in the Autonomous Republic of Crimea
1. In the Autonomous Republic of Crimea, preservation of the diversity of cultures which were formed in the Crimean peninsula in the course of history shall be secured and conditions for the equal development and mutual enrichment of such cultures shall be created.
2. Citizens of any ethnicity residing in the Autonomous Republic of Crimea may, with a view to exercising their rights and interests in ethnic culture sphere, establish such associations as shall represent their legitimate interests.
3. Any and all matters of establishment and activity of citizens’ associations in the Autonomous Republic of Crimea shall be determined by Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference.
4. In the Autonomous Republic of Crimea, citizens of all ethnicities, ethnic cultural and other associations, organisations and establishments shall be guaranteed the right to development of ethnic cultural traditions, celebration of ethnic holidays, profession of their religion, satisfaction of their needs in literature and arts, the right to establishment of ethnic mass media, publishing houses, museums, theatres, film studios and other ethnic, cultural and educational establishments pursuant to the Constitution of Ukraine and Ukrainian laws.
5. In the Autonomous Republic of Crimea, citizens of any ethnicity, ethnic cultural societies and citizens’ associations shall be secured the right to mutual relations in cultural sphere.
- Article 15. Historical and Cultural Monuments and Landmarks in the Autonomous Republic of Crimea
Historical and cultural monuments and landmarks in the Autonomous Republic of Crimea shall be protected by Ukrainian laws and their status shall be established by the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference.
CHAPTER 4. Securing Safe and Healthy Living Conditions of Population. Environmental Protection
- Article 16. Securing Safe and Healthy Living Conditions of Population in the Autonomous Republic of Crimea
The authorities of the Autonomous Republic of Crimea shall develop, take and implement measures and programmes aimed at securing the safe and healthy living conditions of population in the Autonomous Republic of Crimea.
The authorities of the Autonomous Republic of Crimea shall provide the organisation and development of public health, sanatorium-and-health resort treatment and recreation.
- Article 17. Environmental Protection in the Autonomous Republic of Crimea
1. In the Autonomous Republic of Crimea, protection of natural complexes shall be secured, inclusive of nature reserves, resort, recreation, treatment-and-health strengthening, protected water and other types of territories and units. The Supreme Rada of the Autonomous Republic of Crimea shall pass resolutions upon such matters within its terms of reference provided for by Ukrainian legislation.
2. The Autonomous Republic of Crimea shall exercise the right to establishment of protected territory and/or unit status with respect to any and all territories and/or units making part of nature reserve pool of local importance in the Autonomous Republic of Crimea and to measures relating to their preservation.
3. The Autonomous Republic of Crimea shall develop, take and implement any and all measures and programmes aimed at securing environmental safety and environmental balance when using natural resources in its territory.
4. The Autonomous Republic of Crimea shall carry out a number of measures targeted at environmental sanitation, prevention of emergency situations of anthropogenic nature, rehabilitation and preservation of the flora and fauna gene pool of the Autonomous Republic of Crimea.
5. The authorities of the Autonomous Republic of Crimea and the bodies of local self-government shall exercise the right to ecological monitoring, whether in the territory of the Autonomous Republic of Crimea or in the territory of its political units, respectively, and to solution, in accordance with the procedure established by Ukrainian laws, of matters of suspension or cessation of any and all such activities as may be environmentally hazardous and detrimental to health.
6. Environmental impact assessment shall be compulsory in the course of rule-making, investment, managerial, economic and other business and/or activity which may affect environmental conditions, and it shall also be conducted upon request of the Supreme Rada of the Autonomous Republic of Crimea or the bodies of local self-government in the Autonomous Republic of Crimea in accordance with the procedure established by Ukrainian laws.
SECTION II: POWERS OF THE AUTONOMOUS REPUBLIC OF CRIMEA
CHAPTER 5. Fundamental Powers of the Autonomous Republic of Crimea
- Article 18. Powers of the Autonomous Republic of Crimea
1. The following shall be the powers of the Autonomous Republic of Crimea:
1) adoption, pursuant to the Constitution of Ukraine, of the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Autonomous Republic of Crimea, making alterations of and amendments to the same, elucidation of the procedure of application of the same and the control over observance of the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Autonomous Republic of Crimea;
2) normative regulation and exercise of regulatory-organisational powers in agriculture and forests; amelioration and quarries; public works, crafts and trades; charity; urban planning and housing; resort-and-recreation sphere; tourism; hospitality industry and fairs; museums, libraries, theatres, other cultural establishments and history-and-culture reserves; public transport, motorways and water supply systems; hunting and fishery; sanitary and therapeutic services, as well as any and all other powers in other spheres provided for and delegated by Ukrainian laws; 3) participation in the building and implementation of the fundamental principles of the domestic policy, foreign-economic and foreign policy activity of Ukraine in what concerns the Autonomous Republic of Crimea;
4) solution of the matters of the administrative-territorial system of the Autonomous Republic of Crimea coming, under Ukrainian legislation, within the terms of reference of the Autonomous Republic of Crimea;
5) determination of the procedure of establishment, activity and powers of the authorities of the Autonomous Republic of Crimea within the terms of reference delegated by Ukrainian laws;
6) calling of regular elections of members of the Supreme Rada of the Autonomous Republic of Crimea, approval of members of the election committee of the Autonomous Republic of Crimea and solution of any and all other matters of organisation and holding of elections pursuant to Ukrainian legislation;
7) calling and holding of republican (local) referendums upon matters coming under the terms of reference of the Autonomous Republic of Crimea;
8) participation in the formation of people’s assessors and jurors corps pursuant to Ukrainian laws;
9) exercise of powers coming within the terms of reference of the Autonomous Republic of Crimea under the Land Code of Ukraine, the Mineral Resources Code of Ukraine, the Water Code of Ukraine, the Law of Ukraine On Environmental Protection and other Ukrainian laws;
10) administration of assets belonging to the Autonomous Republic of Crimea;
11) pursuant to the Constitution of Ukraine and Ukrainian laws, determination of structure and priorities of development of the economy of the Autonomous Republic of Crimea, determination of areas and priorities of investment activity, granting of benefits to investors, inclusive of foreign investors, and, in general, solution of any and all other matters of investment activity, determination of priorities and ensuring of the development of science and technology, establishment and ensuring of the functioning of free economic zones, licensing of and assignment of quotas to the exportation of products made in the Autonomous Republic of Crimea, foreign-economic activity, economic activity within the exclusive (sea) economic zone, participation, as may be endorsed by the Cabinet of Ministers of Ukraine and with a view to protecting domestic commodity producers and the domestic market, in the regulation of customs duty and taxes upon overseas commodities imported into the Autonomous Republic of Crimea;
12) development and approval of programmes for socio-economic and cultural development, rational nature management and environmental protection in the Autonomous Republic of Crimea in keeping with national programmes and implementation of the same;
13) making, approval and implementation of the budget of the Autonomous Republic of Crimea; entry, pursuant to the Constitution of Ukraine and Ukrainian laws, into the budget of the Autonomous Republic of Crimea of any and all taxes and fees levied and collected within the territory of the Autonomous Republic of Crimea, except local ones, with further transfer to the State Budget of Ukraine of funds for purposes of public expenses;
(the provision of paragraph two, clause 13, part one of Article 18
conforms to the Constitution of Ukraine
(is constitutional) on the strength of the decision of the Constitutional Court of Ukraine dated 16/01/2003, numbered 1-рп/2003)
14) fixing, under Ukrainian legislation, of revenues forming the budget of the Autonomous Republic of Crimea, securing of the implementation of the same, conducting of experiments in taxation sphere, fixing of local taxes and fees, as well as patenting of specific activities, and in general exercise of such other powers in budget and taxation sphere, as provided for by Ukrainian laws;
(the provision of paragraph one, clause 14, part one of Article 18
regarding the conducting of experiments in
taxation sphere conforms to the Constitution of Ukraine (is constitutional) on the strength of the decision of the Constitutional Court of Ukraine dated 16/01/2003, numbered 1-рп/2003)
the financial self-sufficiency of the Autonomous Republic of Crimea shall be guaranteed through steady assignment, by Ukrainian laws, to the budget revenue of the Autonomous Republic of Crimea of the national taxes and fees, fully entered into the budget of the Autonomous Republic of Crimea, sufficient for the exercise of powers of the Autonomous Republic of Crimea and ensuring that the living standards of citizens and population in general should not be below the social standards and needs as determined by Ukrainian laws;
the interbudgetary relations between the State Budget of Ukraine and the budget of the Autonomous Republic of Crimea regulating the allocation and reallocation of budgetary funds for purposes of balancing of the budget of the autonomous republic at such level as may be requisite for the securing and exercise of the powers of the Autonomous Republic of Crimea and for the living standards of population not to be below the social standards and needs shall be determined pursuant to Ukrainian laws;
15) determination of resort status of localities, establishment of sanitary protection zones of resorts; determination of areas and priorities, as well as solution of matters of organisation and development of tourist and resort-and-recreation branches; exercise of the exclusive right of the Autonomous Republic of Crimea to granting to enterprises, establishments and organisations of any form of ownership located or acting in the Autonomous Republic of Crimea of any and all benefits as to taxes and other payments fixed by the Autonomous Republic of Crimea in such branches;
16) solution of matters of environmental safety, rational management and use, protection and recovery of land and natural resources, imposing of quarantine and declaration of natural disaster areas pursuant to Ukrainian laws;
development, approval and implementation of programmes aimed at securing the environmental safety, rational management and use, protection and recovery of land and water resources;
full entry into the budget of the Autonomous Republic of Crimea of any and all special and other payments collected, under Ukrainian legislation, for use of land and other natural resources;
determination, under Ukrainian legislation, of standards of allocation of the said funds between the republican and local budgets;
exercise of the exclusive right of the Autonomous Republic of Crimea to granting of such benefits as shall be provided for by Ukrainian legislation with respect to the above payments subject to entry, pursuant to Ukrainian legislation, into the budget of the Autonomous Republic of Crimea;
17) given the specifics of the Autonomous Republic of Crimea, as determined by the Constitution of Ukraine and pursuant to the Constitution of the Autonomous Republic of Crimea, preparation, approval and implementation of programmes and solution of any and all matters of securing of the application and development of Ukrainian, as official language, Russian, Crimean Tatar and other ethnic languages, organisation and development of education, science and culture, protection and use of historical and cultural monuments and landmarks, organisation and carrying out of activity relating to the securing of safe and healthy living conditions of population, organisation and development of public health, physical culture and sports;
18) participation in securing of civil rights and freedoms, interethnic and civil concord, assistance with observance and maintenance of law and order and public security, and exercise of such pertaining powers relating thereto as provided for by Ukrainian laws;
19) initiation of declaration of state of emergency and establishment of environmental hazard areas in the Autonomous Republic of Crimea or its specific localities;
20) development and pursuing of scientifically substantiated demographic policy, regulation and development of urban planning, housing and utilities;
21) participation in the development and implementation of Ukraine’s state programmes of repatriation to Crimea of formerly displaced people;
22) approval of symbols, institution of the Diploma and the Diploma of Honour of the Supreme Rada of the Autonomous Republic of Crimea, titles of honour and other distinctions of the Autonomous Republic of Crimea;
23) participation in building of information policy and use of information space within the territory of the Autonomous Republic of Crimea;
24) organisation of statistics in the Autonomous Republic of Crimea within its terms of reference; and
25) exercise of any and all other powers provided for by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea and Ukrainian laws.
2. The Supreme Rada of the Autonomous Republic of Crimea, shall, being a representative body of the autonomous republic, exercise the rights of ownership as to land and natural resources within the territory of the Autonomous Republic of Crimea, except such land and such natural resources as shall be owned by the State, the bodies of local self-government, individuals and legal entities.
3. The Autonomous Republic of Crimea shall be entitled, within its terms of reference, to establish and maintain relations with other Ukrainian regions, with the authorities, enterprises, establishments, organisations and citizens’ associations of other countries and regions thereof, as well as with international organisations acting in the domain of economics, science, education, environmental protection and nature management, and in socio-cultural sphere.
The said powers shall be exercised within the framework of Ukraine’s national foreign and domestic policy.
- Article 19. Right to Recourse to Constitutional Court of Ukraine
The Supreme Rada of the Autonomous Republic of Crimea shall exercise the right to recourse to the Constitutional Court of Ukraine in matters provided for by the Constitution of Ukraine and Ukrainian Laws.
- Article 20. Representative Offices of the Autonomous Republic of Crimea
The Autonomous Republic of Crimea shall have a Permanent Representative Office in the City of Kyiv, the capital of Ukraine, and regional representative offices for economic, social, cultural and other cooperation for purposes of implementation of the agreements entered into between such regions and the Autonomous Republic of Crimea within its terms of reference.
SECTION III: SUPREME RADA OF THE AUTONOMOUS REPUBLIC OF CRIMEA, COUNCIL OF MINISTERS OF THE AUTONOMOUS REPUBLIC OF CRIMEA. JUSTICE AND PUBLIC PROSECUTOR’S OFFICE IN THE AUTONOMOUS REPUBLIC OF CRIMEA
CHAPTER 6. Supreme Rada of the Autonomous Republic of Crimea
- Article 21. Status of the Supreme Rada of the Autonomous Republic of Crimea
The Supreme Rada of the Autonomous Republic of Crimea shall be a representative body of the Autonomous Republic of Crimea representing the interests of citizens, common interests of population, territorial communities, the bodies of local self-government and the Autonomous Republic of Crimea in general, and it shall exercise its powers with a view to assisting with and securing of the exercise of their rights and legitimate interests, as well as solving any and all matters of the balanced socio-economic, cultural and other development of the Autonomous Republic of Crimea.
- Article 22. Composition and Term of the Supreme Rada of the Autonomous Republic of Crimea
1. The Supreme Rada of the Autonomous Republic of Crimea shall be composed of 100 members elected on the basis of universal, equal and direct suffrage by secret ballot.
The Supreme Rada of the Autonomous Republic of Crimea shall be elected for a five-year term.
(Paragraph two, part one of Article 22 as amended by the Law of Ukraine dated 19 March 2009, numbered 1167-VI shall take effect on the day of opening of the first session of the Supreme Rada of the Autonomous Republic of Crimea whose members shall be elected at the next regular election to the Supreme Rada of the Autonomous Republic of Crimea to be held in the year 2010)
The Supreme Rada of the Autonomous Republic of Crimea shall be qualified if at least two-thirds of its total membership shall be elected.
The powers of the Supreme Rada of the Autonomous Republic of Crimea of a previous convocation shall terminate when the first session of the Supreme Rada of the Autonomous Republic of Crimea of a new convocation opens business.
The powers of the Supreme Rada of the Autonomous Republic of Crimea may be terminated by the Supreme Rada of Ukraine before the expiry of its term on the grounds and in accordance with the procedure determined by the Constitution of Ukraine.
2. The Chairman of the Supreme Rada of the Autonomous Republic of Crimea, the first vice-chairman and the vice-chairman, as well as the chairmen of standing committees of the Supreme Rada of the Autonomous Republic of Crimea shall exercise their powers on a full time basis.
- Article 23. Member of the Supreme Rada of the Autonomous Republic of Crimea
Any Ukrainian national who enjoys the right to vote, has attained 18 years of age as at the day of election and has resided in Ukraine for at least five years may be a member of the Supreme Rada of the Autonomous Republic of Crimea. No individual with a record of deliberate crime, if no such criminal record has been quashed and expunged in accordance with the procedure established by law, shall be elected member of the Supreme Rada of the Autonomous Republic of Crimea.
Full-time members of the Supreme Rada of the Autonomous Republic of Crimea shall not combine their service with any and all other employment, except out-of-hours teaching, research and artistic activity, nor shall they be affiliated with a governing body or a supervisory board of any profit-making company.
The procedure of organisation and holding of the election of members of the Supreme Rada of the Autonomous Republic of Crimea shall be determined by Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea upon matters coming within its terms of reference.
The status of member of the Supreme Rada of the Autonomous Republic of Crimea shall be determined by a pertaining Law of Ukraine.
- Article 24. Exercise of Powers of Member of the Supreme Rada of the Autonomous Republic of Crimea
The member of the Supreme Rada of the Autonomous Republic of Crimea shall enjoy all such rights which shall ensure the member’s active participation in the business of the Supreme Rada of the Autonomous Republic of Crimea and its bodies, and the member of the Supreme Rada of the Autonomous Republic of Crimea shall fulfil any and all assignments as may be given by the same.
The member shall be obligated to participate in the business of the Supreme Rada of the Autonomous Republic of Crimea and its bodies, observe the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
The member shall be dispensed, for the period of meetings of the Supreme Rada of the Autonomous Republic of Crimea and/or its standing committees, as well as in order to exercise any and all other powers provided for by Ukrainian laws and the Constitution of the Autonomous Republic of Crimea, from the fulfilment of the member’s production commitments or service duties with payment, from the budgetary funds of the Autonomous Republic of Crimea, of average wages accrued at the member’s principal place of employment and of any and all other expenses relating to the member’s parliamentary activity.
The powers of member of the Supreme Rada of the Autonomous Republic of Crimea shall be terminated simultaneously with termination of powers of the Supreme Rada of the Autonomous Republic of Crimea.
The early termination of powers of member of the Supreme Rada of the Autonomous Republic of Crimea may occur in accordance with the procedure and in cases provided for by Ukrainian laws.
- Article 25. Session of the Supreme Rada of the Autonomous Republic of Crimea
The business of the Supreme Rada of the Autonomous Republic of Crimea shall be session-based and such sessions shall be plenary meetings of the Supreme Rada of the Autonomous Republic of Crimea and meetings of its bodies.
The Supreme Rada of the Autonomous Republic of Crimea shall be convened for its first session within thirty days of the election of at least two-thirds of such membership as may be determined for the Supreme Rada to be qualified.
A first session shall be opened and chaired, until the election of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, by the chairman of the election committee of the Autonomous Republic of Crimea.
The proceedings of the Supreme Rada of the Autonomous Republic of Crimea, its bodies and functionaries shall be determined by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, the Regulations of the Supreme Rada of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference.
- Article 26. Powers of the Supreme Rada of the Autonomous Republic of Crimea
1. The Supreme Rada of the Autonomous Republic of Crimea shall solve any and all matters coming, under the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea and Ukrainian laws, within the terms of reference of the Autonomous Republic of Crimea, except those as shall be required to be solved by a republican (local) referendum or the Council of Ministers of the Autonomous Republic of Crimea and other executive bodies of the Autonomous Republic of Crimea.
2. The following shall be the powers of the Supreme Rada of the Autonomous Republic of Crimea:
1) adoption of the Constitution of the Autonomous Republic of Crimea, together with submittal of the same for approval by the Supreme Rada of the Autonomous Republic of Crimea, and of statutory acts, with making alterations of and amendments to the same, and elucidation of their application procedure; determination of procedure and securing of control over the implementation of the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference;
2) calling of a regular election of the members of the Supreme Rada of the Autonomous Republic of Crimea and approval of the composition of the election committee of the Autonomous Republic of Crimea;
3) passing of a resolution upon holding of a republican (local) referendum;
4) determination of the procedure of administration of the assets owned by the Autonomous Republic of Crimea; 5) determination of the procedure of administration of the assets entered in the account books of the Supreme Rada of the Autonomous Republic of Crimea;
6) determination of the list of the assets of the Autonomous Republic of Crimea subject and not subject to privatisation;
7) approval of the budget of the Autonomous Republic of Crimea and making alterations of the same, control over the implementation of the budget, passing of a resolution upon budget implementation report;
establishment of the Chamber of Accounts of the Supreme Rada of the Autonomous Republic of Crimea in order to exercise the control, on behalf and in the name of the Supreme Rada of the Autonomous Republic of Crimea, over the use by executive bodies of the budgetary funds of the Autonomous Republic of Crimea; appointment and removal of the chairman of the Chamber of Accounts of the Supreme Rada of the Autonomous Republic of Crimea at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea;
8) fixing of taxes and tax benefits under Ukrainian laws;
9) passing, upon the motion of the Council of Ministers of the Autonomous Republic of Crimea, of resolutions upon the issue of local loans;
10) determination, upon the motion of the Council of Ministers of the Autonomous Republic of Crimea, of the procedure of establishment of special purpose funds (inclusive of foreign currency funds), approval of regulations regarding such funds, control over the use of such funds and approval of reports upon the use of such funds;
11) adoption, upon the submittal by the Council of Ministers of the Autonomous Republic of Crimea, of the programmes of the Autonomous Republic of Crimea for socio-economic and cultural development, rational nature management and environmental protection in keeping with respective national programmes, making alterations of the same and control over the implementation of such programmes;
12) solution of administrative-territorial system matters under Ukrainian laws; acknowledgement of the resort status of localities, establishment of sanitary protection zones of resorts, solution of matters of organisation and development of resort-and-recreation sphere and tourism;
13) solution, within the terms of reference of the Supreme Rada of the Autonomous Republic of Crimea, of the matters of securing civil rights and freedoms and national concord, and assistance with the observance and maintenance of law and order and public security;
14) solution, within the terms of reference of the Supreme Rada of the Autonomous Republic of Crimea, of the matters of securing the application and development of the official language, Russian, Crimean Tatar and other ethnic languages and cultures in the Autonomous Republic of Crimea, protection and use of historical and cultural monuments and landmarks, and determining in which language the business and documents shall be done, carried out and executed by republican bodies; 15) participation in the building of the basic principles of the domestic policy, foreign-economic and foreign policy activity of Ukraine in matters regarding the interests of the Autonomous Republic of Crimea;
16) election of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, the first vice-chairman and the vice-chairman and dismissal of the same;
17) formation of the Presidium of the Supreme Rada of the Autonomous Republic of Crimea, the standing and interim committees of the Supreme Rada of the Autonomous Republic of Crimea and election of the chairmen of standing and interim committees;
18) approval of the Regulations of the Supreme Rada of the Autonomous Republic of Crimea, making alterations thereof and amendments thereto;
19) formation of the staff of the Supreme Rada of the Autonomous Republic of Crimea, approval of its structure, size and estimate of the staff upkeep expenditures; determination of the procedure of organisation and activity of the staff; appointment and dismissal, at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, of the chief of the Secretariat and the administrator of the Supreme Rada of the Autonomous Republic of Crimea;
20) appointment and dismissal, at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea under the Constitution of Ukraine and Ukrainian laws;
21) appointment, at the request of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, of the vice-chairmen of the Council of Ministers of the Autonomous Republic of Crimea, ministers and the chairmen of the republican committees of the Autonomous Republic of Crimea;
22) approval, at the request of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, of the structure and size of the Council of Ministers of the Autonomous Republic of Crimea, its staff and estimate of the staff upkeep expenditures;
23) establishment and liquidation, upon the motion of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, of the ministries and republican committees of the Autonomous Republic of Crimea within the funds allocated from the budget of the Autonomous Republic of Crimea;
24) dismissal, upon the grounds and in accordance with the procedure provided for by the Constitution of Ukraine, Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, of the members of the Council of Ministers of the Autonomous Republic of Crimea;
25) hearing of information about the activity, endorsement of appointment and dismissal of the chief of the General Board of the Ministry of the Interior of Ukraine in Crimea, the chief of the General Board of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea and the director general of the State Broadcasting Company Krym;
endorsement of appointment of the Public Prosecutor of the Autonomous Republic of Crimea;
26) suspension of the decrees and orders of the Council of Ministers of the Autonomous Republic of Crimea regarding the discharge of state duties and exercise of state powers in the events where such decrees and orders should contradict the Constitution of Ukraine and Ukrainian laws, the acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, with applying simultaneously to the President of Ukraine for repeal of such decrees and orders;
repeal of the decrees and orders of the Council of Ministers of the Autonomous Republic of Crimea upon the matters coming within the terms of reference of the Autonomous Republic of Crimea in the events where such decrees and orders should contradict the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea;
27) initiation of declaration of state of emergency and establishment of environmental hazard areas in the Autonomous Republic of Crimea or its specific localities in cases provided for by Ukrainian legislation;
28) hearing, not more than twice a year, of the reports of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea and the members of the Council of Ministers of the Autonomous Republic of Crimea;
29) passing of the resolutions of the Supreme Rada of the Autonomous Republic of Crimea regarding the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea and other members of the Council of Ministers of the Autonomous Republic of Crimea due to vote of no confidence;
in the event where a resolution upon the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea should be passed due to vote of no confidence by a simple majority of votes of the total membership of the Supreme Rada of the Autonomous Republic of Crimea, the Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall be dismissed in accordance with the procedure provided for by the Constitution of Ukraine;
pursuant to the Law of Ukraine On the Supreme Rada of the Autonomous Republic of Crimea, in the event where a resolution upon the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea should be passed due to vote of no confidence by two-thirds of votes of the total membership of the Supreme Rada of the Autonomous Republic of Crimea, the President of Ukraine shall agree to the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea;
30) establishment of republican mass media;
31) solution, within the powers conferred upon the Supreme Rada of the Autonomous Republic of Crimea by the Constitution of Ukraine and Ukrainian laws, of any and all matters regarding land relations, use of natural resources, amount of payment for the use of natural resources and other matters;
32) approval of symbols, institution of the Diploma and the Diploma of Honour of the Supreme Rada of the Autonomous Republic of Crimea, titles of honour and other distinctions of the Autonomous Republic of Crimea under Ukrainian legislation;
33) hearing of the reports of the committees, the chiefs of any and all bodies established, elected and/or formed by the Supreme Rada of the Autonomous Republic of Crimea, and the functionaries appointed, elected or approved by the Supreme Rada of the Autonomous Republic of Crimea;
34) consideration, under the Law of Ukraine on the status of member of the Supreme Rada of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, of the members’ enquiries and passing of resolutions thereupon;
35) passing, pursuant to Ukrainian laws, of resolutions upon the establishment of areas and units of the nature reserve pool of the Autonomous Republic of Crimea and other specially protected areas and upon the declaration of nature and other units of historical, cultural, ecological or scientific value historical and/or cultural monuments and/or landmarks protected by law;
36) determination of the procedure of conclusion and approval of treaties and agreements on behalf and in the name of the Autonomous Republic of Crimea upon any and all matters coming within the terms of reference the Autonomous Republic of Crimea, and ratification of such treaties and agreements.
The Supreme Rada of the Autonomous Republic of Crimea shall also exercise any and all other powers as may be conferred upon it by the Constitution of Ukraine and Ukrainian laws, as well as those conferred upon it by the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
Article 27. Procedure of Adoption of the Constitution of the Autonomous Republic of Crimea and of the Statutory Acts of the Supreme Rada
of the Autonomous Republic of Crimea
The Supreme Rada of the Autonomous Republic of Crimea shall adopt, by the majority of votes of the total membership, the Constitution of the Autonomous Republic of Crimea, as well as any and all alterations thereof and amendments thereto which shall take effect upon the approval of the same by the Supreme Rada of Ukraine and publication.
The Supreme Rada of the Autonomous Republic of Crimea shall adopt statements upon any and all matters of statutory nature.
The Supreme Rada of the Autonomous Republic of Crimea shall pass resolutions upon any and all matters of organisational and administrative nature.
The statements and resolutions of the Supreme Rada of the Autonomous Republic of Crimea shall be adopted and passed at its meeting by open vote or by secret ballot by the majority of votes of the total membership of the Supreme Rada of the Autonomous Republic of Crimea.
Entitled to submit draft statutory acts to the Supreme Rada of the Autonomous Republic of Crimea shall be the members of the Supreme Rada of the Autonomous Republic of Crimea, such right being exercisable both individually and jointly, and the Council of Ministers of the Autonomous Republic of Crimea.
The statutory acts of the Supreme Rada of the Autonomous Republic of Crimea shall be signed by the Chairman of the Supreme Rada of the Autonomous Republic of Crimea within 14 days of adoption and such acts shall take effect in accordance with the procedure established by the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
Article 28. Conformity of the Statutory Acts of the Autonomous Republic of Crimea to the Constitution of Ukraine and Ukrainian Laws
The statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea upon any and all matters regarding the powers of the Autonomous Republic of Crimea shall conform to the Constitution of Ukraine and Ukrainian laws.
The statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea upon any and all matters of discharge of state executive functions and exercise of state executive powers within the territory of the Autonomous Republic of Crimea, as may be delegated to the Autonomous Republic of Crimea pursuant to the Constitution of Ukraine, shall be adopted under and in pursuance of the Constitution of Ukraine and Ukrainian laws, the acts of the President of Ukraine and the Cabinet of Ministers of Ukraine.
Article 29. Chairman of the Supreme Rada of the Autonomous Republic of Crimea
The Supreme Rada of the Autonomous Republic of Crimea shall, at its first session, elect, by secret ballot and from among its members, the Chairman of the Supreme Rada of the Autonomous Republic of Crimea.
The Chairman of the Supreme Rada of the Autonomous Republic of Crimea shall represent the Supreme Rada of the Autonomous Republic of Crimea before the President of Ukraine, the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine, Ukraine’s central and local public authorities, the bodies of local self-government, enterprises, establishments and organisations, citizens and citizens’ associations; the functionaries and bodies of other states, their regions, citizens’ associations, establishments and organisations; before any and all international organisations; and the Chairman of the Supreme Rada of the Autonomous Republic of Crimea shall manage the activity of the Supreme Rada of the Autonomous Republic of Crimea.
The Chairman of the Supreme Rada of the Autonomous Republic of Crimea shall:
1) chair at the meetings of the Supreme Rada of the Autonomous Republic of Crimea and its Presidium, provide the preparation of meetings and organise the control over the implementation of the resolutions and statements of the Supreme Rada of the Autonomous Republic of Crimea and the resolutions of its Presidium;
2) nominate candidates for the positions of first vice-chairman and vice-chairman of the Supreme Rada of the Autonomous Republic of Crimea, chairmen of the standing committees of the Supreme Rada of the Autonomous Republic of Crimea and for any and all other positions provided for by the legislation now in force;
3) approve, by a resolution of the Supreme Rada of the Autonomous Republic of Crimea, the staff list within the estimate of expenditures of the Supreme Rada of the Autonomous Republic of Crimea;
4) manage in general the preparation of matters subject to consideration by the Supreme Rada of the Autonomous Republic of Crimea;
5) sign the statutory and other acts of the Supreme Rada of the Autonomous Republic of Crimea, treaties and agreements upon any and all matters coming within the terms of reference of the Autonomous Republic of Crimea in accordance with the procedure determined by the Supreme Rada of the Autonomous Republic of Crimea pursuant to Ukrainian laws;
6) present to the Supreme Rada of the Autonomous Republic of Crimea the candidate for the position of Chairman of the Council of Ministers of the Autonomous Republic of Crimea;
7) invest the recipients with the Diploma and the Diploma of Honour of the Supreme Rada of the Autonomous Republic of Crimea and its Presidium, as well as with other distinctions of the Autonomous Republic of Crimea;
8) convene an extraordinary session of the Supreme Rada of the Autonomous Republic of Crimea;
9) nominate candidates for the positions of chief of the Secretariat and administrator of the Supreme Rada of the Autonomous Republic of Crimea;
10) endorse the appointment and dismissal of deputy chiefs of the General Board of the Ministry of the Interior of Ukraine in Crimea, chiefs of city and district offices of the Interior of the General Board of the Ministry of the Interior of Ukraine in Crimea, deputy chiefs of the General Board of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, the chairman and vice-chairmen of the State Tax Administration in the Autonomous Republic of Crimea and chiefs of district and city state tax inspectorates in the Autonomous Republic of Crimea, the chief and deputy chiefs of the tax police department in the Autonomous Republic of Crimea, the chief and deputy chiefs of the Supervisory and Auditing Board in the Autonomous Republic of Crimea, the chief and deputy chiefs of the Crimean Regional Customs, the chief executive of the Radio and TV Transmitting Centre, and the chairman of the Property Pool of the Autonomous Republic of Crimea.
Any and all other powers and the proceedings of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, as well as those of the first vice-chairman and the vice-chairman, shall be determined pursuant to the Constitution of Ukraine, Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the Regulations of the Supreme Rada of the Autonomous Republic of Crimea.
The Chairman of the Supreme Rada of the Autonomous Republic of Crimea shall be accountable and responsible to the Supreme Rada of the Autonomous Republic of Crimea. The Chairman of the Supreme Rada of the Autonomous Republic of Crimea may be dismissed by the Supreme Rada of the Autonomous Republic of Crimea, if more than a half of the total membership of the Supreme Rada of the Autonomous Republic of Crimea have voted in favour of such dismissal.
The procedure of early dismissal of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea shall be determined by Ukrainian laws, the Constitution of the Autonomous Republic of Crimea and the Regulations of the Supreme Rada of the Autonomous Republic of Crimea.
The Chairman of the Supreme Rada of the Autonomous Republic of Crimea shall hold office until the opening of the first session of the Supreme Rada of the Autonomous Republic of Crimea of a new convocation, except cases of early termination of powers of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea.
The Chairman of the Supreme Rada of the Autonomous Republic of Crimea may from time to time make prescriptions within the limits of his authority.
Article 30. Presidium of the Supreme Rada of the Autonomous Republic of Crimea
The Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall be formed for purposes of coordination of the business of the bodies of the Supreme Rada of the Autonomous Republic of Crimea, assistance to the members of the Supreme Rada of the Autonomous Republic of Crimea with execution of their duties, preparation of sessions and exercise of other powers.
The Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall be composed, ex officio, of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, the first vice-chairman and vice-chairman, together with the chairmen of the standing committees of the Supreme Rada of the Autonomous Republic of Crimea.
The Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall be headed by the Chairman of the Supreme Rada of the Autonomous Republic of Crimea.
The proceedings of the Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall be determined under the Constitution of Ukraine, Ukrainian laws, the Constitution of the Autonomous Republic of Crimea, the Regulations of the Supreme Rada of the Autonomous Republic of Crimea and other statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
Article 31. Powers of the Presidium of the Supreme Rada of the Autonomous Republic of Crimea
1. The Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall:
1) convene sessions of the Supreme Rada of the Autonomous Republic of Crimea and manage the preparation of the same;
2) make up the draft agenda and submit it for approval by the session of the Supreme Rada of the Autonomous Republic of Crimea;
3) coordinate the business of the bodies of the Supreme Rada of the Autonomous Republic of Crimea;
4) provide the registration and official promulgation of the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea; and
5) institute the Diploma of Honour of the Presidium of the Supreme Rada of the Autonomous Republic of Crimea.
2. The Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall also exercise any and all other organisational powers as may be delegated to it under the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
3. The Presidium of the Supreme Rada of the Autonomous Republic of Crimea shall, at least once a year, report to the Supreme Rada of the Autonomous Republic of Crimea upon the work performed.
Article 32. Standing and Interim Committees and Other Bodies of the Supreme Rada of the Autonomous Republic of Crimea
1. The standing and interim committees of the Supreme Rada of the Autonomous Republic of Crimea shall be the bodies of the Supreme Rada of the Autonomous Republic of Crimea elected from among the members of the Supreme Rada of the Autonomous Republic of Crimea for purposes of study, preliminary consideration and preparation of matters coming within its terms of reference, and also to exercise the control over the implementation of statements and resolutions of the Supreme Rada of the Autonomous Republic of Crimea.
2. The powers and proceedings of the standing and interim committees shall be determined by the Regulations of the Supreme Rada of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea. 3. With a view to exercising the control over the observance of the Ukrainian privatisation laws, the Supreme Rada of the Autonomous Republic of Crimea shall form the Watchdog Committee of the Supreme Rada of the Autonomous Republic of Crimea for Privatisation.
4. The Supreme Rada of the Autonomous Republic of Crimea shall, upon any and all matters coming within its terms of reference, establish other bodies and determine their organisational structure, powers and proceedings.
Article 33.
Status of Elective Functionaries
of the Supreme Rada of the Autonomous Republic of Crimea
1. Any and all elective offices of the Supreme Rada of the Autonomous Republic of Crimea shall belong to the respective categories of civil service offices in accordance with the procedure established by the Law of Ukraine On Civil Service.
2. The remuneration of the elective functionaries of the Supreme Rada of the Autonomous Republic of Crimea shall be effected from the funds of the republican budget of the Autonomous Republic of Crimea.
Article 34.
Financing and Estimate of Expenditures
of the Supreme Rada of the Autonomous Republic of Crimea
1. The financing of any and all expenditures which may be requisite to secure the activity of the Supreme Rada of the Autonomous Republic of Crimea shall constitute a separate line in the budget of the Autonomous Republic of Crimea.
2. The estimate of expenditures relating to the activity of the Supreme Rada of the Autonomous Republic of Crimea and its bodies, as well as the members of the Supreme Rada of the Autonomous Republic of Crimea, shall be approved by the Supreme Rada of the Autonomous Republic of Crimea.
CHAPTER 7. The Council of Ministers of the Autonomous Republic of Crimea
Article 35. General Provisions
1. The Council of Ministers of the Autonomous Republic of Crimea, being a body of executive authority of the Autonomous Republic of Crimea, shall independently discharge executive functions and exercise executive powers upon any and all matters coming within the terms of reference of the Autonomous Republic of Crimea under the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea and Ukrainian laws.
2. The Council of Ministers of the Autonomous Republic of Crimea shall be formed by the Supreme Rada of the Autonomous Republic of Crimea for the duration of term of office of the same, it shall be responsible to the Supreme Rada of the Autonomous Republic of Crimea and it shall be headed by the Chairman of the Council of Ministers of the Autonomous Republic of Crimea.
3. The Council of Ministers of the Autonomous Republic of Crimea shall also discharge and exercise such state executive functions and powers as may be delegated to it by Ukrainian laws pursuant to the Constitution of Ukraine.
With a view to managing the discharge and exercise of the state executive functions and powers thus delegated, the Autonomous Republic of Crimea shall be allotted such financial and material assets and such state-run property as may be requisite for the exercise of the said powers.
The organisation and procedure of the discharge and exercise of the said functions and powers by the republican bodies of the Autonomous Republic of Crimea shall be determined by the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
4. Ukrainian laws and the statutory acts of the Cabinet of Ministers of Ukraine and the Supreme Rada of the Autonomous Republic of Crimea adopted on the basis and in pursuance of Ukrainian laws may determine the specific terms and conditions of the discharge and exercise of the state executive functions and powers thus delegated and of the implementation of national and regional programmes; they may coordinate the activity relating to accidents, natural disasters, epidemics and epizooties control and liquidation of their consequences, nature management, environmental protection, securing of environmental safety, safe and healthy living conditions of population, protection of historical and cultural monuments and landmarks, organisation and development of education, science and culture, physical culture and sports, observance and maintenance of law and order and of public security, implementation of joint projects in the region, as well as the activity relating to the solution of any and all other matters coming within the terms of reference of executive bodies.
5. In what concerns the discharge and exercise of state functions and powers, the Council of Ministers of the Autonomous Republic of Crimea, the Chairman of the Council of Ministers of the Autonomous Republic of Crimea, the vice-chairmen of the Council of Ministers of the Autonomous Republic of Crimea and the heads of the pertaining ministries and republican committees of the Autonomous Republic of Crimea shall report to and be supervised by the Cabinet of Ministers of Ukraine, while the heads of local state administrations shall report to and be supervised by the Council of Ministers of the Autonomous Republic of Crimea.
Article 36.
Chairman of the Council of Ministers of the Autonomous Republic of Crimea
1. The Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall represent the Council of Ministers of the Autonomous Republic of Crimea before the President of Ukraine, the Supreme Rada of Ukraine, the Cabinet of Ministers of Ukraine, Ukraine’s central and local bodies of executive authority, the bodies of local self-government, enterprises, establishments and organisations, citizens, citizens’ associations and functionaries, the bodies of other states and their regions, their citizens’ associations, establishments and organisations, as well as before international organisations, and the Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall manage the activity of the Council of Ministers of the Autonomous Republic of Crimea.
2. The Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall:
1) chair at the meetings of the Council of Ministers of the Autonomous Republic of Crimea, manage the preparation of meetings and organise the control over the implementation of the acts of the Council of Ministers of the Autonomous Republic of Crimea;
2) present to the Supreme Rada of the Autonomous Republic of Crimea candidates for the positions of vice-chairmen of the Council of Ministers of the Autonomous Republic of Crimea, ministers and chairmen of the republican committees;
3) approve the staff list of the ministries, republican committees and the Council of Ministers within such size and such estimate of expenditures as may be approved by the Supreme Rada of the Autonomous Republic of Crimea;
4) provide the overall management of the preparation of any and all business to be put on the agenda of the meetings of the Council of Ministers of the Autonomous Republic of Crimea;
5) sign the decrees, resolutions and orders of the Council of Ministers of the Autonomous Republic of Crimea, as well as treaties and agreements within his terms of reference;
6) invest the recipients with the Diploma of Honour of the Council of Ministers of the Autonomous Republic of Crimea;
7) endorse the appointment and dismissal of deputy chiefs of the General Board of the Ministry of the Interior of Ukraine in Crimea, chiefs of local and district offices of the Interior of the General Board of the Ministry of the Interior of Ukraine in Crimea, deputy chiefs of the General Board of Justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, the chairman and vice-chairmen of the State Tax Administration in the Autonomous Republic of Crimea and chiefs of district and city state tax inspectorates in the Autonomous Republic of Crimea, the chief and deputy chiefs of the tax police department in the Autonomous Republic of Crime, the chief and deputy chiefs of the Supervisory and Auditing Board in the Autonomous Republic of Crimea, the chief and deputy chiefs of the Crimean Regional Customs and the chief executive of the Radio and TV Broadcasting Centre.
Any and all other powers and proceedings of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea and the Vice-Chairmen shall be determined pursuant to the Constitution of Ukraine, Ukrainian laws and the Constitution of the Autonomous Republic of Crimea.
Article 37.
Appointment and Dismissal of
the Chairman of the Council of Ministers of the Autonomous Republic of Crimea,
Vice-Chairmen, Ministers and Chairmen of Republican Committees
of the Autonomous Republic of Crimea. Their Reports
1. The Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall be appointed and dismissed by the Supreme Rada of the Autonomous Republic of Crimea at the request of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea as endorsed by the President of Ukraine.
2. The Vice-Chairmen of the Council of Ministers of the Autonomous Republic of Crimea, ministers and the chairmen of the republican committees of the Autonomous Republic of Crimea shall be appointed by the Supreme Rada of the Autonomous Republic of Crimea at the request of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea.
3. The heads of local state administrations in the Autonomous Republic of Crimea shall be appointed and dismissed by the President of Ukraine at the request of the Cabinet of Ministers of Ukraine as endorsed by the Chairman of the Supreme Rada of the Autonomous Republic of Crimea, the Chairman of the Council of Ministers of the Autonomous Republic of Crimea and the Resident Representative of the President of Ukraine in the Autonomous Republic of Crimea.
4. The Council of Ministers of the Autonomous Republic of Crimea shall, not more than twice a year, submit to the Supreme Rada of the Autonomous Republic of Crimea a report upon its activity in general (all-inclusive report) and it shall submit the written information about the state of affairs in socio-economic, cultural and other spheres of the Autonomous Republic of Crimea on a quarterly basis.
5. The Supreme Rada of the Autonomous Republic of Crimea may, upon the motion of the Chairman of the Supreme Rada of the Autonomous Republic of Crimea or at least five standing committees or one-third of the total membership of the Supreme Rada of the Autonomous Republic of Crimea, hear, not more than twice a year, a report on a specific business area of the Council of Ministers of the Autonomous Republic of Crimea, and the reports of individual ministries and republican committees of the Autonomous Republic of Crimea on their activity.
6. The Chairman of the Council of Ministers of the Autonomous Republic of Crimea or any person acting as the Chairman of the Council of Ministers of the Autonomous Republic of Crimea shall make a report upon the activity of the Council of Ministers of the Autonomous Republic of Crimea in general.
The Vice-Chairman of the Council of Ministers of the Autonomous Republic of Crimea in charge of specific matters shall make a report on the activity of the Council of Ministers of the Autonomous Republic of Crimea in respective specific business areas.
The minister or the chairman of a republican committee of the Autonomous Republic of Crimea or any person acting as such shall make a report on the activity of their respective ministry or the republican committee of the Autonomous Republic of Crimea.
7. In the event where the Supreme Rada of the Autonomous Republic of Crimea should recognise unsatisfactory in general the activity of the Council of Ministers of the Autonomous Republic of Crimea, as based upon the results of a report, the Supreme Rada of the Autonomous Republic of Crimea may, in accordance with the procedure provided for by the Constitution of Ukraine, resolve upon:
the resignation (termination of powers) of the Council of Ministers of the Autonomous Republic of Crimea due to vote of no confidence; and/or
the dismissal of the Chairman of the Council of Ministers of the Autonomous Republic of Crimea due to vote of no confidence.
In the event where the Supreme Rada of the Autonomous Republic of Crimea should recognise unsatisfactory the activity of the Council of Ministers of the Autonomous Republic of Crimea in any specific business areas or the activity of any specific ministries and republican committees of the Autonomous Republic of Crimea, as based upon the results of a report, the Supreme Rada of the Autonomous Republic of Crimea may, in accordance with the procedure provided for by the Constitution of Ukraine, resolve upon the dismissal of the vice-chairman of the Council of Ministers of the Autonomous Republic of Crimea, the minister or the chairman of a republican committee due to vote of no confidence.
8. The Supreme Rada of the Autonomous Republic of Crimea may pass a vote of no confidence in the Chairman of the Council of Ministers of the Autonomous Republic of Crimea or any specific members of the Council of Ministers of the Autonomous Republic of Crimea due to improper execution by them of their duties and/or breach of the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
Article 38.
Powers of the Council of Ministers of the Autonomous Republic of Crimea
1. The Council of Ministers of the Autonomous Republic of Crimea shall discharge and exercise any and all executive functions and powers relating to such matters as come within the independent terms of reference of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea shall also discharge such state executive functions as delegated pursuant to the Constitution of Ukraine.
The Council of Ministers of the Autonomous Republic of Crimea shall discharge and exercise any and all other functions and powers provided for by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference.
2. The Council of Ministers of the Autonomous Republic of Crimea shall discharge and exercise the following executive functions and powers coming within the independent terms of reference of the Autonomous Republic of Crimea:
development of economy;
planning of economic and social development;
financial, credit and pricing policy;
industry;
fuel-energy complex;
agriculture;
land management;
forestry;
water-resources development and irrigation farming;
organisation and development of resort-and-recreation sphere and tourism;
management and running of sanatoria-and-health resort and tourist complexes of the Autonomous Republic of Crimea;
foreign-economic activity and external links;
transport, communication and road construction;
housing and communal services and improvement of territories, architecture and urban planning;
trade and consumer services for population;
organisation and development of education, science, culture, arts and historical and cultural monuments and landmarks protection;
printing and publishing;
environmental protection;
organisation and securing of safe and healthy living conditions of population, organisation and development of public health, physical culture and sports;
labour, labour remuneration, conditions and protection, social issues and employment of population, social protection of population;
securing of legality, observance and maintenance of public order and protection of civil rights;
interethnic relations;
youth policy, protection of motherhood and childhood; and
administration of assets of the Autonomous Republic of Crimea in accordance with the procedure determined by the Supreme Rada of the Autonomous Republic of Crimea.
The Council of Ministers of the Autonomous Republic of Crimea shall administer the assets entered in the account books of the Council of Ministers of the Autonomous Republic of Crimea, establish the organ of the Council of Ministers of the Autonomous Republic of Crimea and it shall exercise any and all other powers provided for by the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea adopted within its terms of reference.
3. The relations between the authorities of the Autonomous Republic of Crimea and the enterprises, establishments and organisations owned by the Autonomous Republic of Crimea shall be based on the accountability of such enterprises, establishments and organisations to the authorities of the Autonomous Republic of Crimea and the supervision by the latter over such enterprises, establishments and organisations, and such accountability and supervision shall have such limits and forms as may be provided for by Ukrainian laws and, pursuant to Ukrainian laws, by the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea adopted within its terms of reference.
4. The relations between the authorities of the Autonomous Republic of Crimea and any and all enterprises, establishments and organisations of other forms of ownership and such enterprises, establishments and organisations as shall not be administered by the Autonomous Republic of Crimea shall be built on a contractual basis, with tax assessments to the budget of the Autonomous Republic of Crimea, and shall have such limits and forms as provided for by Ukrainian legislation.
The enterprises, establishments and organisations not owned by the Autonomous Republic of Crimea shall be obligated to supply, upon request of the authorities of the Autonomous Republic of Crimea, any and all pertaining information regarding the matters coming within the terms of reference of the Autonomous Republic of Crimea.
5. The Council of Ministers of the Autonomous Republic of Crimea shall provide the cooperation of the bodies of executive authority of the Autonomous Republic of Crimea with law enforcers upon any and all matters of public security, observance and maintenance of law and order and legality.
6. The Council of Ministers of the Autonomous Republic of Crimea may, within its terms of reference, repeal any acts of the ministries and republican committees of the Autonomous Republic of Crimea and other bodies lower to the Council of Ministers of the Autonomous Republic of Crimea, and, upon the matters of discharge and exercise of state functions and powers, also any acts of the local state administrations, if such acts were adopted in violation of the Constitution of Ukraine, Ukrainian laws, the acts of the President of Ukraine and the decrees of the Cabinet of Ministers of Ukraine.
7. The powers, organisation procedure and proceedings of the Council of Ministers of the Autonomous Republic of Crimea shall be determined by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
8. The Council of Ministers of the Autonomous Republic of Crimea shall, within its terms of reference, make decrees, resolutions and orders binding and compulsory within the entire territory of the republic. The Council of Ministers of the Autonomous Republic of Crimea shall enter, in accordance with the procedure determined by the Supreme Rada of the Autonomous Republic of Crimea, into treaties and agreements upon the matters coming within the terms of reference of the Autonomous Republic of Crimea.
CHAPTER 8. Justice and Public Prosecutor’s Office Bodies in the Autonomous Republic of Crimea
Article 39. Justice in the Autonomous Republic of Crimea
Justice in the Autonomous Republic of Crimea shall be administered on the basis of and under the Constitution of Ukraine and Ukrainian laws.
Ukrainian courts shall apply the Constitution of the Autonomous Republic of Crimea, the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea and the acts of the Council of Ministers of the Autonomous Republic of Crimea in cases provided for by Ukrainian laws.
Article 40.
Courts in the Autonomous Republic of Crimea
Courts acting within the territory of the Autonomous Republic of Crimea shall make part of the united system of the judicial authorities of Ukraine.
The Autonomous Republic of Crimea shall participate in the securing of activity of the courts and tribunals acting within the territory of the Autonomous Republic of Crimea and it shall also exercise other powers in cases provided for by Ukrainian laws.
Article 41.
Organisation and Activity of Public Prosecutor’s Office Bodies
in the Autonomous Republic of Crimea
1. The organisation and activity of public prosecutor’s office bodies in the Autonomous Republic of Crimea shall be determined by the Constitution of Ukraine and Ukrainian laws.
2. The Supreme Rada of the Autonomous Republic of Crimea shall be entitled to hear the information submitted by the Public Prosecutor of the Autonomous Republic of Crimea and solicit for his dismissal before the Attorney-General of Ukraine.
SECTION IV: LOCAL SELF-GOVERNMENT IN THE AUTONOMOUS REPUBLIC OF CRIMEA
CHAPTER 9. Exercise of Local Self-Government in the Autonomous Republic of Crimea
Article 42. Legal Foundations of Local Self-Government in the Autonomous Republic of Crimea
1. The local self-government in the Autonomous Republic of Crimea shall be exercised under the Constitution of Ukraine and Ukrainian laws.
2. Pursuant to the Constitution of Ukraine, Ukrainian laws may delegate to the Autonomous Republic of Crimea the power to secure the balanced socio-economic and cultural development of the Autonomous Republic of Crimea and implementation of programmes for socio-economic, cultural and other development of the autonomous republic.
Article 43.
Securing Respect of Civil Rights and Freedoms
in the Autonomous Republic of Crimea
1. Under the Constitution of Ukraine, the Supreme Rada of the Autonomous Republic of Crimea shall, within its terms of reference, participate in the securing of civil rights and freedoms within the territory of the Autonomous Republic of Crimea.
2. In case of violation by the bodies of local self-government, village, settlement and city mayors and heads of local state administrations of citizens’ civil rights and freedoms provided for by the Constitution of Ukraine and Ukrainian laws and in case of their failure to harmonise, upon request of the Supreme Rada of the Autonomous Republic of Crimea, their acts with the Constitution of Ukraine and Ukrainian laws, the Supreme Rada of the Autonomous Republic of Crimea shall be entitled to apply:
to the President of Ukraine for dismissal of heads of local state administrations in accordance with the procedure provided for by the Constitution of Ukraine; and/or
to the Supreme Rada of Ukraine for it to call an extraordinary election of local councillors and/or village, settlement or city mayor under Ukrainian legislation.
Article 44.
Delegating Functions and Powers
1. Under the Constitution of Ukraine, Ukrainian laws, the European Local Self-Government Charter, the Constitution of the Autonomous Republic of Crimea and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea, the exercise of specific powers may be delegated to the bodies of local self-government with allotting to them such finances and assets as may secure the exercise of the said powers.
The Supreme Rada of the Autonomous Republic of Crimea and the bodies of local self-government may, by coordinated resolutions or agreements, determine the procedure and the terms and conditions of exercise of the powers delegated.
2. Under the Constitution of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea shall supervise the exercise by the bodies of local self-government of such powers as may be delegated to the same by Ukrainian law, as well as such powers as may be delegated by the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea.
The acts of the bodies of local self-government in the Autonomous Republic of Crimea upon the matters relating to the exercise of powers delegated to them may, in case of their contradiction to the Constitution of Ukraine and Ukrainian laws, the acts of the President of Ukraine and of the Cabinet of Ministers of Ukraine and the statutory acts of the Autonomous Republic of Crimea, be suspended, accordingly, by the Supreme Rada of the Autonomous Republic of Crimea (acts of representative bodies) and/or the Council of Ministers of the Autonomous Republic of Crimea (acts of executive bodies) with simultaneous judicial recourse.
Article 45.
Cooperation of the Authorities of the Autonomous Republic of Crimea with
the Bodies of Local Self-Government in the Autonomous Republic of Crimea
1. Pursuant to the Constitution of Ukraine, the Supreme Rada of the Autonomous Republic of Crimea and the bodies of local self-government may, by coordinated resolutions or agreements and with a view to securing the balanced socio-economic, cultural and other development of the region, determine the procedure and the terms and conditions of implementation of joint programmes and projects and joint solution of any and all other matters coming within the terms of reference of the Autonomous Republic of Crimea and local self-government.
2. The joint programmes for socio-economic, cultural and other development, as well as the joint projects, shall be funded from the budget of the Autonomous Republic of Crimea and local budgets.
For purposes of implementation of the above joint programmes and projects, funds from the budget of the Autonomous Republic of Crimea and local budgets shall be obtained and assets shall be transferred on the strength of resolutions of the Supreme Rada of the Autonomous Republic of Crimea and a pertaining local council or on the basis of agreements between the same.
3. Any and all joint programmes and projects may also be financed from the special-purpose fund for the securing of the balanced socio-economic and other development of the Autonomous Republic of Crimea, such fund consisting of the funds transferred from the State Budget of Ukraine and the republican budget of the Autonomous Republic of Crimea, local budgets funds and other funds in accordance with the procedure determined by Ukrainian laws and the statutory acts of the Supreme Rada of the Autonomous Republic of Crimea within its terms of reference. 4. The Supreme Rada of the Autonomous Republic of Crimea shall, for purposes of the balanced socio-economic and cultural development of the region, cooperate with the associations of the bodies of local self-government in the Autonomous Republic of Crimea and other voluntary associations of the bodies of local self-government.
The associations of the bodies of local self-government in the Autonomous Republic of Crimea may submit to the Supreme Rada of the Autonomous Republic of Crimea recommendations and proposals in accordance with the procedure established by law.
The procedure of cooperation of the Supreme Rada of the Autonomous Republic of Crimea with the associations of the bodies of local self-government in the Autonomous Republic of Crimea and other voluntary associations of the bodies of local self-government shall be determined on a mutually agreed basis.
Article 46.
Issues of Cooperation of the Authorities of the Autonomous Republic of Crimea with
the Bodies of Local Self-Government in the Autonomous Republic of Crimea
The Supreme Rada of the Autonomous Republic of Crimea and the bodies of local self-government may, pursuant to the Constitution of Ukraine and with a view to securing the balanced socio-economic, cultural and other development of the region, pool, on a mutually agreed basis and in accordance with the procedure determined by the Constitution of the Autonomous Republic of Crimea, financial and material resources and assets, coordinate the activity of bodies and services, establishments and organisations for purposes of preparation and implementation of such joint programmes and projects and joint solution of such other matters as may come within their terms of reference in the following spheres:
education, public health, land management, architecture and urban planning, environmental protection, organisation and coordination of foreign-economic activity, use of mineral resources, transport, road construction and repair, water supply, communication, procurement of fuel and other energy resources, construction and reconstruction of industrial projects, communal and socio-cultural facilities, organisation of control over the quality and safety of construction and repair work, organisation of sanitary-hygienic and epidemics control, protection and use of historical and cultural monuments and landmarks, nature reserves, organisation of tourist and resort-and-recreation activity, archives, organisation and activity backing for libraries, museums and theatres, as well as any and all other matters;
implementation of personnel training programmes, preparation and implementation of population employment and use of human resources programmes, programmes of aid and assistance to low-income families and individuals, pensioners, the disabled and large families, implementation of youth-oriented programmes, inclusive of child neglect relief programmes, programmes in the sphere of science and culture, physical culture and sports, emergencies prevention and liquidation programmes, as well as preparation and implementation of any and all other programmes and projects.
Article 47. Procedure of Cooperation of the Authorities, Establishments and Organisations of the Autonomous Republic of Crimea with the Bodies of Local Self-Government
The procedure of cooperation of the authorities, establishments and organisations of the Autonomous Republic of Crimea with the bodies of local self-government shall be determined by agreements or mutually agreed resolutions of the Supreme Rada of the Autonomous Republic of Crimea and local councils.
Mutually agreed manpower policy may be applied in the course of joint activity.
SECTION V: GUARANTEES OF STATUS AND POWERS OF THE AUTONOMOUS REPUBLIC OF CRIMEA
[edit]Article 48. Guarantying and Securing Status and Powers of the Autonomous Republic of Crimea
1. The status and powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea established by the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea and Ukrainian laws shall be guaranteed by the State of Ukraine and secured by the democratic institutions of the society, the activity of public authorities, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea, bodies of local self-government, citizens and their associations.
2. The Supreme Rada of the Autonomous Republic of Crimea may, by a resolution of an advisory republican (local) referendum, make motions on alterations regarding the limitation of the status and powers of the Autonomous Republic of Crimea, the Supreme Rada of the Autonomous Republic of Crimea and the Council of Ministers of the Autonomous Republic of Crimea determined by the Constitution of Ukraine and Ukrainian laws.
The Constitution of the Autonomous Republic of Crimea may only be altered and amended by the Supreme Rada of the Autonomous Republic of Crimea.