The Legal aspects about Crimea ........ As I read many times the Constitution of Ukraine and compared it with many constitutions of European Countries. From legal point of view art.134, art.135, art.136 and art.137 show a very large margin of an independent country. Taken into account art. 138 and art.143 about referendums, Crimea could relative easy demand independence. Constitution of Ukraine 1996 (rev. 2004) CHAPTER X. AUTONOMOUS REPUBLIC OF CRIMEA ARTICLE 134 The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine. ARTICLE 135 The Autonomous Republic of Crimea has the Constitution of the Autonomous Republic of Crimea that is adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the Verkhovna Rada of Ukraine by no less than one-half of the constitutional composition of the Verkhovna Rada of Ukraine. Normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and decisions of the Council of Ministers of the Autonomous Republic of Crimea shall not contradict the Constitution and the laws of Ukraine and are adopted in accordance with the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and for their execution. ARTICLE 136 The Verkhovna Rada of the Autonomous Republic of Crimea, within the limits of its authority, is the representative body of the Autonomous Republic of Crimea. The Verkhovna Rada of the Autonomous Republic of Crimea adopts decisions and resolutions that are mandatory for execution in the Autonomous Republic of Crimea. The Council of Ministers of the Autonomous Republic of Crimea is the government of the Autonomous Republic of Crimea. The Head of the Council of Ministers of the Autonomous Republic of Crimea is appointed to office and dismissed from office by the Verkhovna Rada of the Autonomous Republic of Crimea with the consent of the President of Ukraine. The authority, the procedure for the formation and operation of the Verkhovna Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea, are determined by the Constitution of Ukraine and the laws of Ukraine, and by normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea on issues ascribed to its competence. In the Autonomous Republic of Crimea, justice is administered by courts that belong to the unified system of courts of Ukraine. ARTICLE 137 The Autonomous Republic of Crimea exercises normative regulation on the following issues: 1.agriculture and forestry; 2.land reclamation and mining; 3.public works, crafts and trades; charity; 4.city construction and housing management; 5.tourism, hotel business, fairs; 6.museums, libraries, theatres, other cultural establishments, historical and cultural preserves; 7.public transportation, roadways, water supply; 8.hunting and fishing; 9.sanitary and hospital services. For reasons of nonconformity of normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with the Constitution of Ukraine and the laws of Ukraine, the President of Ukraine may suspend these normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional Court of Ukraine in regard to their constitutionality. ARTICLE 138 The competence of the Autonomous Republic of Crimea comprises: 1.designating elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, approving the composition of the electoral commission of the Autonomous Republic of Crimea; 2.organizing and conducting local referendums; 3.managing property that belongs to the Autonomous Republic of Crimea; 4.elaborating, approving and implementing the budget of the Autonomous Republic of Crimea on the basis of the uniform tax and budget policy of Ukraine; 5.elaborating, approving and realizing programs of the Autonomous Republic of Crimea for socio-economic and cultural development, the rational utilization of nature, and environmental protection in accordance with national programs; 6.recognizing the status of localities as resorts; establishing zones for the sanitary protection of resorts; 7.participating in ensuring the rights and freedoms of citizens, national harmony, the promotion of the protection of legal order and public security; 8.ensuring the operation and development of the state language and national languages and cultures in the Autonomous Republic of Crimea; protection and use of historical monuments; 9.participating in the development and realization of state programs for the return of deported peoples; 10.initiating the introduction of a state of emergency and the establishment of zones of an ecological emergency situation in the Autonomous Republic of Crimea or in its particular areas. Other powers may also be delegated to the Autonomous Republic of Crimea by the laws of Ukraine. ARTICLE 139 The Representative Office of the President of Ukraine, whose status is determined by the law of Ukraine, operates in the Autonomous Republic of Crimea. CHAPTER XI. LOCAL SELF-GOVERNMENT Share ARTICLE 140 Local self-government is the right of a territorial community—residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city—to independently resolve issues of local character within the limits of the Constitution and the laws of Ukraine. Particular aspects of the exercise of local self-government in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine. Local self-government is exercised by a territorial community by the procedure established by law, both directly and through bodies of local self-government: village, settlement and city councils, and their executive bodies. District and oblast councils are bodies of local self-government that represent the common interests of territorial communities of villages, settlements and cities. The issue of organization of the administration of city districts lies within the competence of city councils. Village, settlement and city councils may permit, upon the initiative of residents, the creation of house, street, block and other bodies of popular self-organization, and to assign them part of their own competence, finances and property. ARTICLE 141 The council of a village, town, city, district, or of an oblast is composed of deputies elected for a five-year term by residents of this village, town, city, district, or of the oblast on the basis of universal, equal and direct suffrage and by secret ballot. Territorial communities elect for a four-year-term on the basis of universal, equal and direct suffrage, by secret ballot, the head of the village, settlement and city, respectively, who leads the executive body of the council and presides at its meetings. The status of heads, deputies and executive bodies of a council and their authority, the procedure for their establishment, reorganization and liquidation, are determined by law. The Chairperson of a district council and the Chairperson of an oblast council are elected by the respective council and lead the executive staff of the council. ARTICLE 142 The material and financial basis for local self-government is movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, and also objects of their common property that are managed by district and oblast councils. On the basis of agreement, territorial communities of villages, settlements and cities may join objects of communal property as well as budget funds, to implement joint projects or to jointly finance (maintain) communal enterprises, organizations and establishments, and create appropriate bodies and services for this purpose. The State participates in the formation of revenues of the budget of local self-government and financially supports local self-government. Expenditures of bodies of local self- government, that arise from the decisions of bodies of state power, are compensated by the state. ARTICLE 143Share Territorial communities of a village, settlement and city, directly or through the bodies of local self-government established by them, manage the property that is in communal ownership; approve programs of socio-economic and cultural development, and control their implementation; approve budgets of the respective administrative and territorial units, and control their implementation; establish local taxes and levies in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganize and liquidate communal enterprises, organizations and institutions, and also exercise control over their activity; resolve other issues of local importance ascribed to their competence by law. Oblast and district councils approve programs for socio-economic and cultural development of the respective oblasts and districts, and control their implementation; approve district and oblast budgets that are formed from the funds of the state budget for their appropriate distribution among territorial communities or for the implementation of joint projects, and from the funds drawn on the basis of agreement from local budgets for the realization of joint socio-economic and cultural programs, and control their implementation; resolve other issues ascribed to their competence by law. Certain powers of bodies of executive power may be assigned by law to bodies of local self-government. The State finances the exercise of these powers from the State Budget of Ukraine in full or through the allocation of certain national taxes to the local budget, by the procedure established by law, transferring the relevant objects of state property to bodies of local self-government. Bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power. ARTICLE 144 Bodies of local self-government, within the limits of authority determined by law, adopt decisions that are mandatory for execution throughout the respective territory. Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court. ARTICLE 145 The rights of local self-government are protected by judicial procedure. ARTICLE 146 Other issues of the organization of local self-government, the formation, operation and responsibility of the bodies of local self-government, are determined by law. The Legal aspects about Crimea ........ As I read many times the Constitution of Ukraine and compared it with many constitutions of European Countries. From legal point of view art.134, art.135, art.136 and art.137 show a very large margin of an independent country. Taken into account art. 138 and art.143 about referendums, Crimea could relative easy demand independence. Constitution of Ukraine 1996 (rev. 2004) CHAPTER X. AUTONOMOUS REPUBLIC OF CRIMEA ARTICLE 134 The Autonomous Republic of Crimea is an inseparable constituent part of Ukraine and decides on the issues ascribed to its competence within the limits of authority determined by the Constitution of Ukraine. ARTICLE 135 The Autonomous Republic of Crimea has the Constitution of the Autonomous Republic of Crimea that is adopted by the Verkhovna Rada of the Autonomous Republic of Crimea and approved by the Verkhovna Rada of Ukraine by no less than one-half of the constitutional composition of the Verkhovna Rada of Ukraine. Normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea and decisions of the Council of Ministers of the Autonomous Republic of Crimea shall not contradict the Constitution and the laws of Ukraine and are adopted in accordance with the Constitution of Ukraine, the laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and for their execution. ARTICLE 136 The Verkhovna Rada of the Autonomous Republic of Crimea, within the limits of its authority, is the representative body of the Autonomous Republic of Crimea. The Verkhovna Rada of the Autonomous Republic of Crimea adopts decisions and resolutions that are mandatory for execution in the Autonomous Republic of Crimea. The Council of Ministers of the Autonomous Republic of Crimea is the government of the Autonomous Republic of Crimea. The Head of the Council of Ministers of the Autonomous Republic of Crimea is appointed to office and dismissed from office by the Verkhovna Rada of the Autonomous Republic of Crimea with the consent of the President of Ukraine. The authority, the procedure for the formation and operation of the Verkhovna Rada of the Autonomous Republic of Crimea and of the Council of Ministers of the Autonomous Republic of Crimea, are determined by the Constitution of Ukraine and the laws of Ukraine, and by normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea on issues ascribed to its competence. In the Autonomous Republic of Crimea, justice is administered by courts that belong to the unified system of courts of Ukraine. ARTICLE 137 The Autonomous Republic of Crimea exercises normative regulation on the following issues: 1.agriculture and forestry; 2.land reclamation and mining; 3.public works, crafts and trades; charity; 4.city construction and housing management; 5.tourism, hotel business, fairs; 6.museums, libraries, theatres, other cultural establishments, historical and cultural preserves; 7.public transportation, roadways, water supply; 8.hunting and fishing; 9.sanitary and hospital services. For reasons of nonconformity of normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with the Constitution of Ukraine and the laws of Ukraine, the President of Ukraine may suspend these normative legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea with a simultaneous appeal to the Constitutional Court of Ukraine in regard to their constitutionality. ARTICLE 138 The competence of the Autonomous Republic of Crimea comprises: 1.designating elections of deputies to the Verkhovna Rada of the Autonomous Republic of Crimea, approving the composition of the electoral commission of the Autonomous Republic of Crimea; 2.organizing and conducting local referendums; 3.managing property that belongs to the Autonomous Republic of Crimea; 4.elaborating, approving and implementing the budget of the Autonomous Republic of Crimea on the basis of the uniform tax and budget policy of Ukraine; 5.elaborating, approving and realizing programs of the Autonomous Republic of Crimea for socio-economic and cultural development, the rational utilization of nature, and environmental protection in accordance with national programs; 6.recognizing the status of localities as resorts; establishing zones for the sanitary protection of resorts; 7.participating in ensuring the rights and freedoms of citizens, national harmony, the promotion of the protection of legal order and public security; 8.ensuring the operation and development of the state language and national languages and cultures in the Autonomous Republic of Crimea; protection and use of historical monuments; 9.participating in the development and realization of state programs for the return of deported peoples; 10.initiating the introduction of a state of emergency and the establishment of zones of an ecological emergency situation in the Autonomous Republic of Crimea or in its particular areas. Other powers may also be delegated to the Autonomous Republic of Crimea by the laws of Ukraine. ARTICLE 139 The Representative Office of the President of Ukraine, whose status is determined by the law of Ukraine, operates in the Autonomous Republic of Crimea. CHAPTER XI. LOCAL SELF-GOVERNMENT Share ARTICLE 140 Local self-government is the right of a territorial community—residents of a village or a voluntary association of residents of several villages into one village community, residents of a settlement, and of a city—to independently resolve issues of local character within the limits of the Constitution and the laws of Ukraine. Particular aspects of the exercise of local self-government in the Cities of Kyiv and Sevastopol are determined by special laws of Ukraine. Local self-government is exercised by a territorial community by the procedure established by law, both directly and through bodies of local self-government: village, settlement and city councils, and their executive bodies. District and oblast councils are bodies of local self-government that represent the common interests of territorial communities of villages, settlements and cities. The issue of organization of the administration of city districts lies within the competence of city councils. Village, settlement and city councils may permit, upon the initiative of residents, the creation of house, street, block and other bodies of popular self-organization, and to assign them part of their own competence, finances and property. ARTICLE 141 The council of a village, town, city, district, or of an oblast is composed of deputies elected for a five-year term by residents of this village, town, city, district, or of the oblast on the basis of universal, equal and direct suffrage and by secret ballot. Territorial communities elect for a four-year-term on the basis of universal, equal and direct suffrage, by secret ballot, the head of the village, settlement and city, respectively, who leads the executive body of the council and presides at its meetings. The status of heads, deputies and executive bodies of a council and their authority, the procedure for their establishment, reorganization and liquidation, are determined by law. The Chairperson of a district council and the Chairperson of an oblast council are elected by the respective council and lead the executive staff of the council. ARTICLE 142 The material and financial basis for local self-government is movable and immovable property, revenues of local budgets, other funds, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, and also objects of their common property that are managed by district and oblast councils. On the basis of agreement, territorial communities of villages, settlements and cities may join objects of communal property as well as budget funds, to implement joint projects or to jointly finance (maintain) communal enterprises, organizations and establishments, and create appropriate bodies and services for this purpose. The State participates in the formation of revenues of the budget of local self-government and financially supports local self-government. Expenditures of bodies of local self- government, that arise from the decisions of bodies of state power, are compensated by the state. ARTICLE 143Share Territorial communities of a village, settlement and city, directly or through the bodies of local self-government established by them, manage the property that is in communal ownership; approve programs of socio-economic and cultural development, and control their implementation; approve budgets of the respective administrative and territorial units, and control their implementation; establish local taxes and levies in accordance with the law; ensure the holding of local referendums and the implementation of their results; establish, reorganize and liquidate communal enterprises, organizations and institutions, and also exercise control over their activity; resolve other issues of local importance ascribed to their competence by law. Oblast and district councils approve programs for socio-economic and cultural development of the respective oblasts and districts, and control their implementation; approve district and oblast budgets that are formed from the funds of the state budget for their appropriate distribution among territorial communities or for the implementation of joint projects, and from the funds drawn on the basis of agreement from local budgets for the realization of joint socio-economic and cultural programs, and control their implementation; resolve other issues ascribed to their competence by law. Certain powers of bodies of executive power may be assigned by law to bodies of local self-government. The State finances the exercise of these powers from the State Budget of Ukraine in full or through the allocation of certain national taxes to the local budget, by the procedure established by law, transferring the relevant objects of state property to bodies of local self-government. Bodies of local self-government, on issues of their exercise of powers of bodies of executive power, are under the control of the respective bodies of executive power. ARTICLE 144 Bodies of local self-government, within the limits of authority determined by law, adopt decisions that are mandatory for execution throughout the respective territory. Decisions of bodies of local self-government, for reasons of nonconformity with the Constitution or the laws of Ukraine, are suspended by the procedure established by law with a simultaneous appeal to a court. ARTICLE 145 The rights of local self-government are protected by judicial procedure. ARTICLE 146 Other issues of the organization of local self-government, the formation, operation and responsibility of the bodies of local self-government, are determined by law.
Posted on: Mon, 15 Sep 2014 15:11:16 +0000
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