Chapter
XV. Transitional and Final Provisions
(Par. 1, 2 and 3 amended by the Law of 8 December
2004)
1. On the condition that the Verkhovna Rada
of Ukraine adopts no later than 01 September
2005 the Law of Ukraine on Amendments to the
Constitution of Ukraine improving the system
of local self-government, this Law shall enter
into force on 01 September 2005, with the exception
of the fifth paragraph of Article 76, the first
paragraph of Article 77, subparagraph 6 of the
second paragraph and the sixth paragraph of
Article 81, the sixth through tenth paragraphs
of Article 83, subparagraph 1 of the second
paragraph of Article 90, the first paragraph
of Article 141 of the Constitution of Ukraine
as amended by this Law- all these provisions
shall enter into force on the day when the Verkhovna
Rada of Ukraine to be elected in 2006 assumes
its powers.
In the event that the Verkhovna Rada of Ukraine
fails to adopt no later than 01 September 2005
the Law of Ukraine on Amendments to the Constitution
of Ukraine improving the system of local self-government,
this Law shall enter into force on 01 January
2006, with the exception of the fifth paragraph
of Article 76, the first paragraph of Article
77, subparagraph 6 of the second paragraph and
the sixth paragraph of Article 81, the sixth
through tenth paragraphs of Article 83, subparagraph
1 of the second paragraph of Article 90, the
first paragraph of Article 141 of the Constitution
of Ukraine as amended by this Law - all these
provisions shall enter into force on the day
when the Verkhovna Rada of Ukraine to be elected
in 2006 assumes its powers.
2. The Verkhovna Rada of Ukraine, elected
in 2002, shall continue to exercise its constitutional
powers until the Verkhovna Rada of Ukraine to
be elected in 2006 assumes its powers.
3. The election of 450 National Deputies of
Ukraine making up the constitutional membership
of the Verkhovna Rada of Ukraine shall take
place in 2006 on the basis of universal, equal
and direct suffrage, by secret ballot, in compliance
with Proportional Representation rules underlying
the election of National Deputies of Ukraine
in a multi-mandate national constituency, according
to the lists of parliamentary candidates as
proposed by political parties, electoral blocs
of political parties, and in accordance with
the law.
4.The President of Ukraine, within three years
after the Constitution of Ukraine enters into
force, has the right to issue decrees approved
by the Cabinet of Ministers of Ukraine and signed
by the Prime-Minister of Ukraine on economic
issues not reg ulated by laws, with simultaneous
submission of the respective draft law to the
Verkhovna Rada of Ukraine, by the procedure
established by Article 93 of this Constitution.
Such a decree of the President of Ukraine takes
effect, if within thirty calendar days from
the day of submission of the draft law (except
the days between sessions), the Verkhovna Rada
of Ukraine does not adopt the law or does not
reject the submitte d draft law by the majority
of its constitutional composition, and is effective
until a law adopted by the Verkhovna Rada of
Ukraine on these issues enters into force.
5. The Cabinet of Ministers of Ukraine is formed
in accordance with this Constitution within
three months after its entry into force.
6. The Constitutional Court of Ukraine is formed
in accordance with this Constitution, within
three months after its entry into force. Prior
to the creation of the Constitutional Court
of Ukraine, the interpretation of laws is performed
by the Verkh ovna Rada of Ukraine.
7. Heads of local state administrations, upon
entry of this Constitution into force, acquire
the status of heads of local state administrations
in accordance with Article 118 of this Constitution,
and after the election of chairmen of the respective
councils, tender resignations from office of
the chairmen of these councils.
8. Village, settlement and city councils and
the chairmen of these councils, upon entry of
this Constitution of Ukraine into force, exercise
the authority as determined by it, until the
election of the new composition of these councils
in March 1998.
District and oblast councils, elected prior
to the entry of this Constitution into force,
exercise the authority as determined by it,
until the formation of the new composition of
these councils in accordance with the Constitution
of Ukraine.
City district councils and their chairmen, upon
entry of this Constitution into force, exercise
their authority in accordance with the law.
9. The procuracy continues to exercise, in
accordance with the laws in force, the function
of supervision over the observance and application
of laws and the function of preliminary investigation,
until the laws regulating the activity of state
bodies in regard to the control over the observance
of laws are put into force, and until the system
of pre-trial investigation is formed and the
laws regulating its operation are put into effect.
10. Prior to the adoption of laws determining
the particular aspects of the exercise of executive
power in the Cities of Kyiv and Sevastopol in
accordance with Article 118 of this Constitution,
the executive power in these cities is exercised
by the respective city administrations.
11. Article 99, paragraph one of this Constitution
shall enter into force after the introduction
of the national monetary unit - the hryvnia.
12. The Supreme Court of Ukraine and the High
Court of Arbitration of Ukraine exercise their
authority in accordance with the legislation
of Ukraine that is in force, until the formation
in Ukraine of a system of courts of general
jurisdiction, in ac cordance with Article 125
of this Constitution, but for no more than five
years.
Judges of all courts in Ukraine, elected or
appointed prior to the day of entry of this
Constitution into force, continue to exercise
their authority in accordance with the legislation
in force, until the expiration of the term for
which they were ele cted or appointed.
Judges whose authority has terminated on the
day this Constitution enters into force, continue
to exercise their authority for the period of
one year.
13. The current procedure for arrest, holding
in custody and detention of persons suspected
of committing a crime, and also for the examination
and search of a dwelling place or other possessions
of a person, is preserved for five years after
this Constitution enters into force.
14 The use of existing military bases on the
territory of Ukraine for the temporary stationing
of foreign military formations is possible on
the terms of lease, by the procedure determined
by the international treaties of Ukraine ratified
by the Verkhovna Rada of Ukraine.
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