Article 4. Land Legislation and its Tasks

1. Land legislation shall include this Code, other normative legal acts in the field of land relations.

2. The task of land legislation is the regulation of land relations aiming to secure rights of ownership of land by citizens, legal entities, territorial communities and the State, sustainable use and protection of lands

Activity 5. Principles of Land Legislalion

Land legislation is based on such principles:

a) combination of the peculiarities of the use of land as a territorial basis, imlural resource and the major means of production;

b) ensuring equality of the rights of ownership of land of citizens, legal»*niilics, territorial communities and the State;

c) interference by the State into the exercise by citizens, legal entities niul territorial communities of their rights with regard to owning, use and disposing of land, except the cases envisaged by law;

d) ensuring sustainable use and protection of lands;

e) priority of the requirements of ecological safety.

Activity 2

Study the following words and phrases:

to inflict damage on citizens' rights and freedoms.	завдавати шкоди правам і свободам громадян
to deteriorate ecological situation	погіршувати екологічну ситуацію
natural qualities of land	природні якості землі
to own, use and dispose of land	володіти, користуватись і розпоряджатися землею
legal entities	юридичні особи
bodies of local self-government	органи місцевого самоврядування
bodies of state power	органи державної влади
within the territory of Ukraine	у межах території України
relations that arise	відносини, що виникають
land parcels	земельні ділянки
land shares	земельні частки (паї)
mineral wealth	надра
flora and fauna	флора і фауна
unless they contravene this Code	якщо вони не суперечать цьому кодексу
sustainable use	раціональне використання
natural resources	природні ресурси
means of production	засоби виробництва
ensuring equality of the rights	забезпечувати рівність прав
territorial communities	територіальні громади
except the cases envisaged by law	крім випадків, передбачених законом
priority of the requirements of ecological safety	пріоритет вимог екологічної безпеки
to inflict damage on citizens' rights and freedoms.	завдавати шкоди правам і свободам громадян
to deteriorate ecological situation	погіршувати екологічну ситуацію
natural qualities of land	природні якості землі
to own, use and dispose of land	володіти, користуватись і розпоряджатися землею

Activity 3.

Answer the following questions,

1. What relations does land legislation regulate?

2. What legislation are land relations regulated by?

3. Could you please name the subjects of land relations?

4. Which lands are objects of land relations?

5. What principles is land legislation based on?

6. What categories are lands of Ukraine divided into? (In order to answer this question consult Article 19 of the Land Code and Appendix 6 at the end of the Manual).

Activity 4.

Write a summary about land relations in Ukraine.

This is how you start: The Land Code of Ukraine entered into force on 25 October 2001 and was amended several times. It consists of ten sections, 36 articles. Section 1 deals with general provisions and authority of bodes of executive power in the field of land relations. According to Article 1 lands relations are regulated by... Section II deals with categories of lands. Section III is devoted to the rights to land. Section IV deals with acquisition and exercise of the right to land. Section 8 imposes liability for breaches of land legislation. Section IX is entitled “Final Provisions”. Section X deals with transitional provisions. Now add your own sentences according to the models given above.

Activity 5.

Role play a dialogue based on the following sayings.

1. Law-makers shouldn't be law-breakers.

2. Hide nothing from your minister, physician and lawyer.

3. Men would be great criminals if they needed as many laws as they make.

4.



PART III

UNIT TWENTY ONE. HUMAN RIGHTS HISTORY

Activity 1.

Skim through the text and try to understand its contents

Human rights are the rights that one has simply because one is human. Human rights, because they rest on nothing more than being human, are Universal, equal, and inalienable. They are held by all human beings, universally. One either is or is not human and thus has or does not have human rights. And one can no more lose these rights than one can stop being it human being. One is entitled to human rights and is empowered by them. Human rights, being held by every person against the state and society, provide a standard of political legitimacy. In a context in which they are systematically denied, claims of human rights may be positively revolutionary. Even in societies where human rights are generally well respected, they provide constant pressure on governments to meet their standards. In fact, the idea of human rights -- the notion that all human brings, simply because they are human, have certain inalienable rights that the may exercise against society and their rulers -- did not appear until the end of the 17th century.

Nearly all societies saw rulers as obliged to govern wisely and for the common good. This mandate, however, arose from divine commandment, natural law, tradition, or political arrangements. It did not rest on the rights of nil human beings to be ruled justly. In a well-ordered society, the people were to benefit from the political obligations of rulers. But the people had no natural or human rights that could be exercised against unjust rulers.

John Locke's Second Treatise of Government, published in 1688, presented the first fully developed theory of natural rights.

Locke's theory begins with a pre-social state of nature in which equal individuals have natural rights to life, liberty, and estates. In the absence of government, however, these rights are of little value. They are almost impossible to protect by individual action, and disputes over rights are themselves a powerful cause of conflict

Therefore, people form societies, and societies establish governments, to enable themselves to enjoy their natural rights.

Government, according to Locke, is bused on a social contract between rulers and ruled. Citizens are obliged to obey only if the government protects their human rights, which are morally prior to and above the claims and interests of the government. Government is legitimate to the extent that it systematically protects human rights of its citizens.

In the past decades, the revolutionary force of the demand for human rights has become unusually clear. Across the globe, regimes that hail cynically manipulated the language of human rights have been sent packing by citizens that insisted on taking human rights seriously. A significant cause of the collapse of the Soviet empire was the growing unwillingness of Communist bloc citizens to accept the systematic denial of internationally recognized human rights.

The spread of human rights is neither natural nor inevitable. Regression is possible. The world's remaining repressive dictatorships may prove quite long -lived. But the lesson of the past decades proves that if people are given the chance to choose, they choose internationally recognized human rights. And we live in a world in which fewer governments than ever before dare to deny their people that choice.

Activity 2.

Learn the following words and phrases. Now read the text carefully paying attention to the Ukrainian equivalents of the words you memorised:

human rights	права людини
universal, equal, and inalienable	універсальні (що поширюються на всіх), рівні та невідчужувані
to hold rights	мати права
against the state and society	всупереч державі та суспільству
positively revolutionary	справді революційний
to lose rights	втрачати права
to respect rights	поважати права
to meet the standards.	дотримуватися стандартів
a social contract between rulers and ruled	соціальний договір між правителями та тими, ким вони правлять
to obey	підкорятися
morally prior to and above the claims and interests of the government	морально вагоміші та вищі, ніж вимоги та інтереси уряду
obliged to govern wisely and for the common good	зобов'язані правити мудро та на загальне благо
mandate	зобов'язання
divine commandment	Божа заповідь
Triatise of Government	урядовий трактат
demand for human rights	вимога прав людини
insist on taking human rights seriously	наполягати на серйозному ставленні до прав людини
to obey	слухатися, підкорятися
government is legitimate to the extent	уряд є законним такою мірою
unjust ruler	несправедливий правитель
cause of the collapse of the Soviet empire	причина падіння радянської імперії
natural rights to life, liberty, and estates	природні права на життя, свободу і майно
to accept the systematic denial of internationally recognised human rights	погоджуватися з систематичним запереченням міжнародно визнаних прав людини
spread of human rights	поширення прав людини
inevitable	неминучий
to prove	доводити
unwillingness	небажання
to choose internationally recognised human rights.	обирати міжнародно визнані права людини
lesson of the past decades	урок попередніх десятиліть
to deny rights	відмовляти в правах

Activity 3.

Answer the following questions:

1. Why are human rights held universally?

2. Why may claims of human rights be positively revolutionary?

3. What did the mandate to govern wisely and for the common good arise from?

4. What theory did John Locke present?

5. When was his Treatise of Government published?

6. Why did people begin to establish governments?

7. What is the task of a government according to Locke?

8. In what case are citizens obliged to obey the government?

9. What was the cause of the collapse of the Soviet empire?

10. What does the lesson of the past decades prove?

UNIT TWENTY THREE. YUMAN RIGHT UNDER THE CONSTITUTION OF UKRAINE

Activity 1.

Study Chapter II of the Constitution consulting the list of words given below and the original text of the Constitution.

Chapter II.

Article 21

All people are free and equal in their dignity and rights.

Human rights and freedoms are inalienable and inviolable.

Article 22

Human and citizens' rights and freedoms affirmed by this Constitution are not exhaustive.

Constitutional rights and freedoms are guaranteed and shall not be abolished.

The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that or in the amendment of laws that are in force.

Article 23

Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured.

Article 24

Citizens have equal constitutional rights and freedoms and are equal before the law.

There shall be no privileges or restrictions based on race, colour of skin, political, religious and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic or other characteristics.

Equality of the rights of women and men is ensured: by providing women with opportunities equal to those of men, in public and political, and cultural activity, in obtaining education and in professional training, in work and its remuneration; by special measures for the protection of work and health of women; by establishing pension privileges, by creating conditions that allow women to combine work and motherhood; by legal protection, material and moral support of motherhood and childhood, including the provision of paid leaves and other privileges to pregnant women and mothers.

Article 25

A citizen of Ukraine shall not be deprived of citizenship and of the right to change citizenship.

A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state.

Ukraine guarantees care and protection to its citizens who are beyond its borders.

Article 26

Foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens in Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.

Foreigners and stateless persons may be granted asylum by the procedure established by law.

Article 27

Every person has the inalienable right to life.

No one shall be arbitrarily deprived of life. The duty of the State is to protect human life.

Everyone has the right to protect his or her life and health, the lives and health of other persons against unlawful encroachments.

Article 28

Everyone has the right to respect of his or her dignity.

No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity.

No person shall be subjected to medical, scientific or other experiments without his or her free consent.

Article 29

Every person has the right to freedom and personal inviolability.

No one shall be arrested or held in custody other than pursuant to a substantiated court decision and only on the grounds and in accordance with the procedure established by law.

In the event of an urgent necessity to prevent or stop a crime, bodies authorised by law may hold a person in custody as a temporary preventive measure, the reasonable grounds for which shall be verified by a court within seventy-two hours. The detained person shall be released immediately, if he or she has not been provided, within seventy-two hours from the moment of detention, with a substantiated court decision in regard to the holding in custody.

Everyone arrested or detained shall be informed without delay of the reasons for his or her arrest or detention, apprised of his or her rights, and from the moment of detention shall be given the opportunity to personally defend himself or herself, or to have the legal assistance of a defender.

Everyone detained has the right to challenge his or her detention in court at any time.

Relatives of an arrested or detained person shall be informed immediately of his or her arrest or detention.

Article 30

Everyone is guaranteed the inviolability of his or her dwelling place

Entry into a dwelling place or other possessions of a person, and the examination or search thereof, shall not be permitted, other than pursuant to a substantiated court decision.

In urgent cases related to the preservation of human life and property or to the direct pursuit of persons suspected of committing a crime, another procedure established by law is possible for entry into a dwelling place or other possessions of a person, and for the examination and search thereof.

Article 31

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

Article 32

No one shall be subject to interference in his or her personal and family life, except in cases envisaged by the Constitution of Ukraine.

The collection, storage, use and dissemination of confidential information about a person without his or her consent shall not be permitted, except in cases determined by law, and only in the interests of national security, economic welfare and human rights.

Every citizen has the right to examine information about himself or herself, that is not a state secret or other secret protected by law, at the bodies of state power, bodies of local self-government, institutions and organisations.

Everyone is guaranteed judicial protection of the right to rectify turret information about himself or herself and members of his or her family, and of the right to demand that any type of information be expunged, and also the right to compensation for material and moral damages inflicted by the collection, storage, use and dissemination of such incorrect information.

Article 33

Everyone who is legally present on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law.

A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time.

Article 34

Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs.

Everyone has the right to freely collect, store, use and disseminate information by oral, written or other means of his or her choice.

The exercise of these rights may be restricted by law in the interests of national security, territorial indivisibility or public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, the reputation or rights of other persons, preventing the publication of information received confidentially, or supporting the authority and impartiality of justice.

Article 35

Everyone has the right to freedom of personal philosophy and religion. This right includes the freedom to profess or not to profess any religion, to perform alone or collectively and without constraint religious rites and ceremonial rituals, and to c onduct religious activity.

The exercise of this right may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons.

The Church and religious organisations in Ukraine are separated from the State, and the school -- from the Church. No religion shall be recognised by the State as mandatory.

No one shall be relieved of his or her duties before the State or refuse to perform the laws for reasons of religious beliefs. In the event that the performance of military duty is contrary to the religious beliefs of a citizen, the performance of th is duty shall be replaced by alternative (non-military) service.

Article 36

Citizens of Ukraine have the right to freedom of association in political parties and public organisations for the exercise and protection of their rights and freedoms and for the satisfaction of their political, economic, social, cultural and other i nterests, with the exception of restrictions established by law in the interests of national security and public order, the protection of the health of the population or the protection of rights and freedoms of other persons.

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

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

No one may be forced to join any association of citizens or be restricted in his or her rights for belonging or not belonging to political parties or public organisations.

All associations of citizens are equal before the law.

Article 37

The establishment and activity of political parties and public associations are prohibited if their programme goals or actions are aimed at the liquidation of the independence of Ukraine, the change of the constitutional order by violent means, the violation of the sovereignty and territorial indivisibility of the State, the undermining of its security, the unlawful seizure of state power, the propaganda of war and of violence, the incitement of inter-ethnic, racial, or religious enmity, and the encroachments on human rights and freedoms and the health of the population.

Political parties and public associations shall not have paramilitary formations.

The creation and activity of organisational structures of political parties shall not be permitted within bodies of executive and judicial power and executive bodies of local self-government, in military formations, and also in state enterprises, educational establishments and other state institutions and organisations.

The prohibition of the activity of associations of citizens is exercised only through judicial procedure.

Article 38

Citizens have the right to participate in the administration of state affairs, in All-Ukrainian and local referendums, to freely elect and to be elected to bodies of state power and bodies of local self-government.

Citizens enjoy the equal right of access to the civil service and to service in bodies of local self-government.

Article 39

Citizens have the right to assemble peacefully without arms and to hold meetings, rallies, processions and demonstrations, upon notifying in advance the bodies of executive power or bodies of local self-government.

Restrictions on the exercise of this right may be established by a court in accordance with the law and only in the interests of national security and public order, with the purpose of preventing disturbances or crimes, protecting the health of the population, or protecting the rights and freedoms of other persons.

Article 40

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

Article 41

Everyone has the right to own, use and dispose of his or her property, and the results of his or her intellectual and creative activity.

The right of private property is acquired by the procedure determined by law.

In order to satisfy their needs, citizens may use the objects of the right of state and communal property in accordance with the law.

No one shall be unlawfully deprived of the right of property. The right of private property is inviolable.

The expropriation of objects of the right of private property may be applied only as an exception for reasons of social necessity, on the grounds of and by the procedure established by law, and on the condition of advance and complete compensation of their value. The expropriation of such objects with subsequent complete compensation of their value is permitted only under conditions of martial law or a state of emergency.

Confiscation of property may be applied only pursuant to a court decision, in the cases, in the extent and by the procedure established by law.

The use of property shall not cause harm to the rights, freedoms and dignity of citizens, the interests of society, aggravate the ecological situation and the natural qualities of land.

Article 42

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

The entrepreneurial activity of deputies, officials and officers of bodies of state power and of bodies of local self-government is restricted by law.

The State ensures the protection of competition in entrepreneurial activity. The abuse of a monopolistic position in the market, the unlawful restriction of competition, and unfair competition, shall not be permitted. The types and limits of monopolies are determined by law.

The State protects the rights of consumers, exercises control over the quality and safety of products and of all types of services and work, and promotes the activity of public consumer associations.

Article 43

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

The State creates conditions for citizens to fully realise their right to labour, guarantees equal opportunities in the choice of profession and of types of labour activity, implements programmes of vocational education, training and retraining of personnel according to the needs of society.

The use of forced labour is prohibited. Military or alternative (non-military) service, and also work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the laws on martial law or on a state of emergency, are not considered to be forced labour.

Everyone has the right to proper, safe and healthy work conditions, and to remuneration no less than the minimum wage as determined by law.

The employment of women and minors for work that is hazardous to their health, is prohibited.

Citizens are guaranteed protection from unlawful dismissal.

The right to timely payment for labour is protected by law.

Article 44

Those who are employed have the right to strike for the protection of their economic and social interests.

The procedure for exercising the right to strike is established by law, taking into account the necessity to ensure national security, health protection, and rights and freedoms of other persons.

No one shall be forced to participate or not to participate in a strike.

The prohibition of a strike is possible only on the basis of the law.

Article 45

Everyone who is employed has the right to rest.

This right is ensured by providing weekly rest days and also paid annual vacation, by establishing a shorter working day for certain professions and industries, and reduced working hours at night.

The maximum number of working hours, the minimum duration of rest and of paid annual vacation, days off and holidays as well as other conditions for exercising this right, are determined by law.

Article 46

Citizens have the right to social protection that includes the right to provision in cases of complete, partial or temporary disability, the loss of the principal wage-earner, unemployment due to circumstances beyond their control and also in old age, and in other cases established by law.

This right is guaranteed by general mandatory state social insurance on account of the insurance payments of citizens, enterprises, institutions and organisations, and also from budgetary and other sources of social security; by the establishment of a network of state, communal and private institutions to care for persons incapable of work.

Pensions and other types of social payments and assistance that are the principal sources of subsistence, shall ensure a standard of living not lower than the minimum living standard established by law.

Article 47

Everyone has the right to housing. The State creates conditions that enable every citizen to build, purchase as property, or to rent housing.

Citizens in need of social protection are provided with housing by the State and bodies of local self-government, free of charge or at a price affordable for them, in accordance with the law.

No one shall be forcibly deprived of housing other than on the basis of the law pursuant to a court decision.

Article 48

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

Article 49

Everyone has the right to health protection, medical care and medical insurance.

Health protection is ensured through state funding of the relevant socio-economic, medical and sanitary, health improvement and prophylactic programmes.

The State creates conditions for effective medical service accessible to all citizens. State and communal health protection institutions provide medical care free of charge; the existing network of such institutions shall not be reduced. The State promotes the development of medical institutions of all forms of ownership.

The State provides for the development of physical culture and sports, and ensures sanitary-epidemic welfare.

Article 50

Everyone has the right to an environment that is safe for life and health, and to compensation for damages inflicted through the violation of this right.

Everyone is guaranteed the right of free access to information about the environmental situation, the quality of food and consumer goods, and also the right to disseminate such information. No one shall make such information secret.

Article 51

Marriage is based on the free consent of a woman and a man. Each of the spouses has equal rights and duties in the marriage and family.

Parents are obliged to support their children until they attain the age of majority. Adult children are obliged to care for their parents who are incapable of work.

The family, childhood, motherhood and fatherhood are under the protection of the State.

Article 52

Children are equal in their rights regardless of their origin and whether they are born in or out of wedlock.

Any violence against a child, or his or her exploitation, shall be prosecuted by law.

The maintenance and upbringing of orphans and children deprived of parental care is entrusted to the State. The State encourages and supports charitable activity in regard to children.

Article 53

Everyone has the right to education.

Complete general secondary education is compulsory.

The State ensures accessible and free pre-school, complete general secondary, vocational and higher education in state and communal educational establishments; the development of pre-school, complete general secondary, extra-curricular, vocational, higher and post-graduate education, various forms of instruction; the provision of state scholarships and privileges to pupils and students.

Citizens have the right to obtain free higher education in state and communal educational establishments on a competitive basis.

Citizens who belong to national minorities are guaranteed in accordance with the law the right to receive instruction in their native language, or to study their native language in state and communal educational establishments and through national cultural societies.

Article 54

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

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

The State promotes the development of science and the establishment of scientific relations of Ukraine with the world community.

Cultural heritage is protected by law.

The State ensures the preservation of historical monuments and other objects of cultural value, and takes measures to return to Ukraine the cultural treasures of the nation, that are located beyond its borders.

Article 55

Human and citizens' rights and freedoms are protected by the court.

Everyone is guaranteed the right to challenge in court the decisions, actions or omission of bodies of state power, bodies of local self-government, officials and officers.

Everyone has the right to appeal for the protection of his or her rights to the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine.

After exhausting all domestic legal remedies, everyone has the right to appeal for the protection of his or her rights and freedoms to the relevant international judicial institutions or to the relevant bodies of international organisations of which Ukraine is a member or participant.

Everyone has the right to protect his or her rights and freedoms from violations and illegal encroachments by any means not prohibited by law.

Article 56

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

Article 57

Everyone is guaranteed the right to know his or her rights and duties.

Laws and other normative legal acts that determine the rights and duties of citizens shall be brought to the notice of the population by the procedure established by law.

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

Article 58

Laws and other normative legal acts have no retroactive force, except in cases where they mitigate or annul the responsibility of a person.

No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence.

Article 59

Everyone has the right to legal assistance. Such assistance is provided free of charge in cases envisaged by law. Everyone is free to choose the defender of his or her rights.

In Ukraine, the advocacy acts to ensure the right to a defence against accusation and to provide legal assistance in deciding cases in courts and other state bodies.

Article 60

No one is obliged to execute rulings or orders that are manifestly criminal.

For the issuance or execution of a manifestly criminal ruling or order, legal liability arises.

Article 61

For one and the same offence, no one shall be brought twice to legal liability of the same type.

The legal liability of a person is of an individual character.

Article 62

A person is presumed innocent of committing a crime and shall not be subjected to criminal punishment until his or her guilt is proved through legal procedure and established by a court verdict of guilty.

No one is obliged to prove his or her innocence of committing a crime.

An accusation shall not be based on illegally obtained evidence as well as on assumptions. All doubts in regard to the proof of guilt of a person are interpreted in his or her favour.

In the event that a court verdict is revoked as unjust, the State compensates the material and moral damages inflicted by the groundless conviction.

Article 63

A person shall not bear responsibility for refusing to testify or to explain anything about himself or herself, members of his or her family or close relatives in the degree determined by law.

A suspect, an accused, or a defendant has the right to a defence.

A convicted person enjoys all human and citizens' rights, with the exception of restrictions determined by law and established by a court verdict.

Article 64

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

Under conditions of martial law or a state of emergency, specific restrictions on rights and freedoms may be established with the indication of the period of effectiveness of these restrictions. The rights and freedoms envisaged in Articles 24, 25, 2 7, 28, 29, 40, 47, 51, 52, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Constitution shall not be restricted.

Article 65

Defence of the Motherland, of the independence and territorial indivisibility of Ukraine, and respect for its state symbols, are the duties of citizens of Ukraine.

Citizens perform military service in accordance with the law.

Article 66

Everyone is obliged not to harm nature, cultural heritage and to compensate for any damage he or she inflicted.

Article 67

Everyone is obliged to pay taxes and levies in accordance with the procedure and in the extent established by law.

All citizens annually file declarations with the tax inspection at their place of residence, on their property status and income for the previous year, by the procedure established by law.

Article 68

Everyone is obliged to strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the rights and freedoms, honour and dignity of other persons.

Ignorance of the law shall not exempt from legal liability.

Activity 2.

Memorise the following words and phrases. Use them in your own sentences.

dignity	гідність
exhaustive	вичерпний
to abolish	скасовувати
laws in force	чинні закони
amendment	поправка, зміні закону
to violate rights	порушувати права
equal before the law	рівні перед законом
privileges or restrictions	привілеї або обмеження
property status	майновий статус
remuneration for work	винагорода за працю
provision of paid leaves	надання оплачуваних відпусток
to deprive of citizenship	позбавити громадянства
to expel from Ukraine	вигнати з України
to surrender to another state	передати іншій державі
in enjoy the same rights and freedoms	користуватися такими самими правами й свободами
in grant asylum	надавати притулок
arbitrarily	свавільно
unlawful encroachment	незаконне посягання
in he subjected to torture	піддавати катуванню
degrading treatment	поводження, що принижує гідність
to hold in custody	тримати під вартою
in accordance with the procedure rutablished by law	у порядку, встановленому законом
in the event of an urgent necessity	у разі нагальної необхідності
in prevent a crime	запобігти злочину
bodies authorised by law	уповноважені законом органи
temporary preventive measure	тимчасовий запобіжний захід
reasonable grounds	обгрунтованість
detained person	затримании
to release from custody	звільнити з-під варти
substantiated court decision	умотивоване судове рішення
without delay	без затримки, негайно
legal assistance	правова допомога
to challenge detention	оскаржити затримання
examination or search of the dwelling place	огляд чи обшук житла
to suspect of	підозрювати
to commit a crime	вчинити злочин
interference in	втручання
impartiality of justice	безсторонність правосуддя
lo permit	дозволяти
to prohibit	забороняти
to own, use and dispose of property	володіти, користуватися, розпоряджатися
to acquire the right	набувати право
under conditions of martial law or a state of emergency	в умовах воєнного чи надзвичайного стану
to abuse	зловживати
equal opportunities in the choice of profession	рівні можливості при виборі професії
forced labour	примусова праця
national security	національна безпека
mandatory	обов'язковий
social insurance	соціальне страхування
complete, partial or temporary disability	повна, часткова або тимчасова втрата працездатності
unemployment	безробіття
to exempt from legal liability	звільняти від юридичної відповідальності

Activity 3.

Now try to reproduce articles of the Constitution using Ukrainian text consulting the words and phrases above.

Activity 4.

Answer the following questions asked by foreign students who are visiting your University.

1. What mechanisms for the protection of human rights exist in Ukraine? Are they effective?

2. Which Article of the Constitution ensures protection of the right to life?

3. Has any progress been made in solving the murders of the past у cun such as the killings of journalist Heorhiy Gongadze and others?

4. Your Constitution prohibits torture; however, Amnesty Intemationnl иніі other human rights groups receive reports about continued torture anti beating of detainees and prisoners. Is there any effective mechanism I«H obtaining redress (відшкодування) for such actions?

5. Is arbitrary arrest possible in Ukraine? Who issues arrest warrants?

6. What is the maximum period of detention after charges have been filed?

7. What law, if any, limits the time of detention before and during a trial?

8. Are accused persons released on bail pending trial (звільняються під заставу в очікуванні судового розгляду)?

9. The Constitution provides compensation for unlawful or arbitrary art елі, detention, or conviction. Do you know any cases when this provision was applied?

10. Is a suspect, while in custody, allowed to talk with a lawyer in privute?

11. Is there independent judicial branch of power in Ukraine?

12. Is it true that in 1999 the Constitutional court ruled that the Govcrnment's practice of limiting the judiciary's budget was unconstitutional?

13. At cording to the Report, the Office ofthe Prosecutor General practices Mlcctive prosecution and initiates investigations against the political or pi onomic opponents of the President and his allies. Can you disprove it?

14. Is wiretapping (прослуховування телефонних розмов) allowed or prohibited in Ukraine?

15. Are there violations of freedom of expression in Ukraine?

16. Does the State create conditions for citizens to fully realise their right to labour?

Activity 5.

I mi haw been invited to the Human Rights Centre of Essex University in the UK. Write a plan of your presentation at the Centre about human rights protection in Ukraine.

Activity 6.

Summing up your human rights protection training write an essay based on ill і ч notation from John Philpot Curran (1750-1817) "Eternal vigilance is the price of liberty. It is the common fate of the indolent (бездіяльний, ледачий) to see their rights become a prey (здобич) to the active”. Do you agree with him? Give your reasoning (міркування).

UNIN TWENTY FOUR. UNIVERSAL DECLARATION OF HUMAN RIGHTS

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

Activity 1.

Skim through the text of the Declaration

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the...