Задание 20. The US and American Culture in Brief

Date: 2015-10-07; view: 390.

The Constitutional Court of Ukraine is a separate entity and is independent from the courts of general jurisdiction. It cannot be used as a cassation, appeal or supervisory authority for the courts of general jurisdiction. The activities of the Constitutional Court of Ukraine promote constitutional control in all spheres, stabilizations and strengthening of constitutional order, the establishment of principle of primacy of law and the supreme legal force of the Constitution and the promotion of constitutional rights and freedoms of citizens.

Legal proceedings are carried out by the Constitutional Court and courts of general jurisdiction. The supreme authority of the system of courts of general jurisdiction is the Supreme Court of Ukraine. Legal proceedings may be carried out only by courts. Courts' jurisdiction covers all legal relationships in the state. The system of courts of general jurisdiction is based on the principles of territorial and special jurisdiction.

Legislative control of the Government and the fact that the Cabinet reports to the Verkhovna Rada means that parliamnentary approval is needed for the Government's annual budget, parliamentary resolutions on the fulfillment of budgetary provisions, parliamentary approval or rejection of the Government's annual program and control over the Government's work.

Once appointed, the Premier nominates other members of the Cabinet, that is ministers, for approval by the Verkhovna Rada. The only exceptions are the Ministers of the Foreign Affairs and of Defense, who are nominated exclusively by the President. The Premier and Cabinet may now be dismissed only by the Verkhovna Rada, while previously the President could dismiss the entire Cabinet at any time.

The Cabinet of Ministers or Government of Ukraine is the highest executive authority. Its actions are based on the Constitution the laws of Ukraine and presidential decrees. The Government is responsible and reports to the Verkhovna Rada of Ukraine. In practice, this means that the legislature appoints Premiers. The candidate is proposed by the ruling coalition to the President and the President submits an official nomination back to the Verkhovna Rada for formal vote of approval.

Ukraine is a sovereign state whose independence was declared on August 24, 1991. The country has a democratic political system which means that its executive branch is headed by the president with strong powers, and its legislative branch is represented by a national parliament.

The president who is elected to a five-year term is the commander-in-chief of the military forces and can issue orders, called edicts, without the approval of the parliament.

Ukraine's parliament, called the Verkhovna Rada (the Supreme Council), is the nation's law-making body. It has one chamber consisting of 450 members who are elected by voters at general elections to a five-year term. Every citizen of Ukraine over 18 has the right to vote in the elections. Voting, which is not compulsory, is by secret ballot and from the age of 18. The candidate rolling the largest number of votes in a constituency is elected.

Judicial power in Ukraine is represented by the Supreme Court and the Constitutional Court.

The president is assisted by a Cabinet of Ministers whose responsibilities lie in the areas of foreign affairs, home policy, economy, science and technology, industry, law and humanitarian matters. The Cabinet is headed by the Prime Minister who is appointed by the president and approved by the majority of the Parliament. A Prime Minister is nominated by the President and is a subject to approval by the Verkhovna Rada.

In other words, it is possible to say that state power in Ukraine is based on the division of authority into legislative, executive and judicial branches, and Ukraine can be called a country with a parliamentary-presidential form of government.

Administratively Ukraine is divided into 24 regions, called «oblasty». Crimea, which is also part of our country, has a special status of an autonomous, self-governing republic. Each region has its local governs bodies which are responsible to the Cabinet of Ministers and the President.

The main trend of foreign policy in Ukraine is to live in peace with the rest of the world community, to co-operate with other countries and participate in European and world structures through membership in the United Nations Organization and other international political, economic and cultural organizations.

THE CONSTITUTION OF UKRAINE

The Constitution states that every person has the right to the free development of his / her personality, and has obligations before society where free and full development of the personality is assured. Citizens have equal Constitutional rights and freedoms, and are equal before the law. There are no privileges or restrictions based upon face, colour of skin, political and other beliefs, gender, ethnic and social origin, properly, ownership, position, place of residence, language, religion.

The articles of the Constitution guarantee the rights of life, personal inviolability and the inviolability of dwelling, noninterference in private and family life, free choice of residence, work, rest, education, social security, housing, health protection, medical care and medical insurance, legal assistance, a safe and healthy environment.

1.Right to Health Care

2.Right to Education
Man is distinguished from the rest of the species but his capacity to learn and progress. Democracy is a form of government assuring equality and liberty for all the citizens and it would be a mockery if a large number of people go with proper education. Educational rights should not be exclusive for the privileged alone. Educational opportunities must be had by all. It is one means by which the individual recognizes and develops one's capabilities. To deny education is to deny civilization: to deny values: to talk of democracy without assuring the citizens the right to be educated is a travesty of justice. Education is the most liberating influence on individual and society. Education truly is the guiding spirit for the success of democratic way of living.

3.Right to Employment

4.Political Rights
Mere guarantee of political rights is not enough. It is undoubtedly true that political rights are hard won but they are harder still to be sustained and passed on to the future. The assumption that political rights such as equality and liberty, voting and elections would ensure permanency in the system is naïve. Any right has a corresponding duty. If people are invested with political rights, they have to be clearly told about their duties as citizens. Political rights are like two-edged weapons. Ignorance or indifference of the people would lead to disaster. Political rights of modern times largely rest upon the assumption of equality of opportunity and status for all. This equality presupposes a number of variables but for our purpose, it is enough to state that political rights have no meaning if they are just enshrined in paper. They require constant application by the people. Technically we can have a plethora of rights but when people are so disillusioned with the system, they do not care even to exercise the most elementary freedom of right to vote. Unaware of the tremendous sacrifices made by the forebears to gain these rights, indifference and cynicism of a people not appreciating their rights would invite disaster.

5.Economic Rights
What must be understood is that there must be equity, opportunity for all to work and earn, curbing of exploitation, sharing of the gains of productivity by all, the right to retiral benefits, a dignified wage etc. There are realizable potentials. Technology is so developed it would be idle to pretend at this age of globalization of economic activities there should be lack of employment opportunities. What is required is a passion for social justice. Economic rights must include proper wages, holidays, right to advancement in the career, retiral benefits and finally a dignified old age.

6.Social and Cultural Rights
When health care, housing, education, employment and economic rights are appropriately guaranteed by political rights, it would just be a matter of time before social and cultural rights are fruitfully conferred or enjoyed. The greatness of democracy is that it can be a great instrument in transforming the society from slumber to The greatness of democracy is that it can be a great instrument in transforming the society from slumber to The greatness of democracy is that it can be a great instrument in transforming the society from slumber to wakefulness, from inertia to dynamism and from darkness to light Political theory and thought have been enriched by great philosophers and their practice have benefited millions.

Conclusion

A democracy, if made to function properly, is a great tool to humanity to overcome many obstacles in the form of inherited burdens of the past or difficulties in implementing the best from the present. To sustain it we require an understanding and genuine will to confer and practice human rights. Democracy and human rights go together.