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THE CONSTITUTION OF THE DONETSK PEOPLE'S REPUBLIC
Adopted by the Supreme Council of the Donetsk People's Republic on May 14, 2014
PREAMBLE
WE, THE SUPREME COUNCIL OF THE DONETSK PEOPLE'S REPUBLIC, feeling itself an integral part of the Russian World as a Russian civilization, a community of Russians and other peoples, thinking the inseparability of the fate of the entire Russian world and wishing to continue to be its communicants, while remaining committed to the ideals and values of the Russian world and honoring the memory of ancestors who shed blood for these ideals and values and gave us love and respect for the common Fatherland, professing the Orthodox faith (the Faith of the Christian Orthodox Catholic Eastern Confession) of the Russian Orthodox Church (Moscow Patriarchate) and recognizing it as the foundation of the foundations of the Russian World, and also conscious of historical responsibility and expressing the will of the multinational people of the Donetsk People's Republic, expressed in the referendum decision of May 11, 2014, following the generally recognized principles of equal rights and self-determination of peoples and proclaiming the inviolability of the democratic principles of the formation and implementation of power, we affirm the sovereignty of the Donetsk People's Republic on its entire territory and the creation of a sovereign independent state aimed at restoring a single cultural and civilizational space of the Russian World on the basis of its traditional religious, social, cultural and moral values, the prospect of becoming a part of Greater Russia as a halo of the territories of the Russian World, and we accept this Constitution the Donetsk People's Republic.
Chapter 1. The Fundamentals of the Constitutional System
Article 1
1. The Donetsk People's Republic is an independent sovereign democratic law-governed state.
2. If the consent of the federative state is expressed in response to the appeal of the Donetsk People's Republic on the admission of the Donetsk People's Republic into its federal state, the Donetsk People's Republic automatically becomes a part of the federal state (hereinafter referred to as the federative state) as its individual subject.
3. The pre-joining of the Donetsk People's Republic to a federal state in accordance with paragraph 1 of this article, the Donetsk People's Republic has all the full power of state power.
4. The territory of the Donetsk People's Republic is unified and indivisible, and in the case of the accession of the Donetsk People's Republic to the federal state, the territory of the Donetsk People's Republic is an integral part of the territory of the federal state.
Article 2
1. The source of power in the Donetsk People's Republic is its people.
2. The people exercise their power directly, as well as through state bodies and local self-government bodies.
3. The highest direct expression of the power of the people is the referendum and free elections.
4. Assignment of power or seizure of power is unacceptable and punishable by law.
Article 3
Man, his rights and freedoms are the highest value. Their recognition, observance, respect and protection are the responsibility of the Donetsk People's Republic, its state bodies and officials and are guaranteed from the moment of conception of a person.
Article 4
1. The Donetsk People's Republic is a social state.
2. Social policy of the Donetsk People's Republic is aimed at creating conditions that ensure a dignified life and free development of a person, people's welfare, accessibility of the basic material and spiritual fields, on the basis of understanding traditional religious, social, cultural and moral values.
3. The labor and health of people are protected in the Donetsk People's Republic, the state support of the traditional family is provided as a union of men and women, motherhood, paternity and childhood, invalids and elderly citizens registered in accordance with the law, a system of social services is developed, and social protection guarantees are established.
Article 5
1. In the Donetsk People's Republic are recognized and equally protected private,
state, municipal and other forms of ownership.
2. Land and other natural resources are used and protected in the Donetsk People's Republic as the basis for the life and activities of peoples living on its territory, and in the case of the joining of the Donetsk People's Republic to a federal state as the basis of life and activities of peoples living on the territory of a federal state.
3. The use and protection of land and other natural resources,
located in the territory of the Donetsk People's Republic, are carried out in accordance with the legislation of the Donetsk People's Republic, and in case of the joining of the Donetsk People's Republic to a federal state - in accordance with the legislation of the federal state, and within the powers of the Donetsk People's Republic - the legislation of the Donetsk People's Republic.
Article 6
1. State power in the Donetsk People's Republic is carried out on the basis of a division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent.
2. The Supreme Council of the Donetsk People's Republic - the Parliament of the Democratic People's Republic of Lithuania, the Council of Ministers of the Donetsk People's Republic - the Government of the Democratic People's Republic of Lithuania and the Security Council of the Donetsk People's Republic, formed in accordance with this Constitution, exercise power in the Donetsk People's Republic.
3. The system of public authorities of the Donetsk People's Republic is established by the Donetsk People's Republic independently in accordance with this Constitution, and in the case of the accession of the Donetsk People's Republic to a federal state in accordance with the foundations of the constitutional structure of the federal state and the general principles of the organization of legislative (representative) and executive organs of state power of subjects of the federal state, providedfederal lawfederal of the state.
4. In case of the accession of the Donetsk People's Republic to a federal state, the delimitation of the subjects of jurisdiction and powers between the organs of the state power of the federal state and the state power bodies of the Donetsk People's Republic shall be carried out in accordance with the Constitution of the federal state, federal laws and the treaty on delimitation of subjects of jurisdiction and authority.
5. The bodies of state power of the Donetsk People's Republic, while exercising their powers and performing their duties, respect the traditional religious, social, cultural and moral values of the Russian World.
Article 7
1. The Donetsk People's Republic has its own Constitution and legislation operating throughout the territory of the Donetsk People's Republic.
2. Laws of the Donetsk People's Republic are subject to official publication. Unpublished laws are not applied. Normative-legal acts of the Donetsk People's Republic, affecting the rights, freedoms and duties of a person and citizen, can not be applied if they are not published for general information.
3. In case of the accession of the Donetsk People's Republic to a federal state, the bodies of state power of the Donetsk People's Republic, local self-government bodies established in the territory of the Donetsk People's Republic, officials, citizens and their associations are obliged to observe the Constitution of the federal state, laws and other regulatory legal acts of the federal state, the Constitution The Donetsk People's Republic, laws and other regulations of the Donetsk People's Republic.
Article 8
In the Donetsk People's Republic local self-government is recognized and guaranteed.
Local self-government is within its powers independently. Local government bodies are not part of the system of state government.
Article 9
1. The Donetsk People's Republic recognizes ideological and political diversity, a multi-party system.
2. In the Donetsk People's Republic, the Orthodox faith (Faith Christian Orthodox Catholic of Eastern Confession), professed by the Russian Orthodox Church (Moscow Patriarchate), is the predominant and dominant faith.
3. Historical experience and the role of Orthodoxy of the Russian Orthodox Church (Moscow Patriarchate) are recognized and respected, including as system-forming pillars of the Russian World.
Article 10
1. The state languages of the Donetsk People's Republic are Russian and Ukrainian.
2. The status of the state languages of the Donetsk People's Republic shall be established by legislation.
3. The principle of the diversity of cultures is recognized in the Donetsk People's Republic, their equal development and mutual enrichment is ensured.
Article 11
1. The provisions of this chapter of the Constitution form the basis of the constitutional system of the Donetsk People's Republic.
2. No other provisions of this Constitution can contradict the foundations of the constitutional order of the Donetsk People's Republic.
Chapter 2. PROTECTION OF HUMAN AND CITIZEN RIGHTS AND FREEDOMS
Article 12
1. The rights and freedoms of a person and a citizen are recognized and guaranteed in the Donetsk People's Republic in accordance with generally recognized principles and norms of international law and in accordance with the Constitution of the Donetsk People's Republic, and in case of joining the Donetsk People's Republic to a federal state, also in accordance with the Constitution of the federal state.
2. Fundamental human rights and freedoms are inalienable and belonging to each person from the moment of conception.
3. Rights and freedoms of man and citizen are immediate. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.
4. The exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of others.
Article 13
1. Everyone is equal before the law and the court.
2. The state guarantees equality of rights and freedoms of a person and citizen regardless of gender, race, nationality, language, origin, property and official status, residence, attitude to religion, beliefs, membership of public associations, and other circumstances. Any forms of restriction of the rights of citizens on grounds of social, racial, national, linguistic or religious affiliation are prohibited.
3. A man and a woman have equal rights and freedoms and equal opportunities for their implementation.
Article 14
1. Everyone has the right to life.
2. The right to necessary defense, that is, the protection of the individual and the rights of the defending or other persons protected by law, the interests of society or the state against socially dangerous assault, if this encroachment is connected or can be obviously connected, based on the criteria of reasonableness in determining this evidence, , dangerous for the life or health of the defending or other person, or with an immediate threat of such violence, is recognized and guaranteed by the state.
2. The dignity of the individual is protected by the state. Nothing can be a basis for its belittling.
3. No one shall be subjected to torture, violence, other cruel or degrading treatment or punishment. Nobody can be subjected to medical, scientific and other experiments without voluntary consent.
Article 15
1. Everyone has the right to freedom and personal inviolability.
2. Arrest, detention and custody shall be allowed only by judicial decision. Until a court decision, a person can not be detained for more than 48 hours.
Article 16
1. Everyone has the right to inviolability of private life, personal and family secrets, protection of his honor and good name.
2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision.
Article 17
1. The collection, storage, use and dissemination of information on a person's private life without his consent is not allowed.
2. Bodies of state power and local self-government bodies, their officials are obliged to provide everyone with the opportunity to get acquainted with documents and materials directly affecting his rights and freedoms, unless otherwise provided by law.
Article 18
A dwelling (a building, a premise in it, the ground area) is inviolable. No one has the right to penetrate into the dwelling of the opposers of the persons residing therein, except in cases stipulated by law, or on the basis of a judicial decision.
Article 19
1. Everyone has the right to determine and indicate his nationality. No one can be forced to determine and indicate his national identity.
2. Everyone has the right to use his native language, to freely choose the language of communication, education, training and creativity.
Article 20
Everyone who is lawfully in the territory of the Donetsk People's Republic has
the right to move freely, choose the place of residence and residence.
Article 21
Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them. In this, nothing in this Constitution limits the Donetsk People's Republic in law the implementation of policies to protect the public from the activities of religious sects in accordance with the law.
Article 22
1. Everyone is guaranteed freedom of thought and speech.
2. Propaganda or agitation that incite social, racial, national or religious hatred and enmity is not allowed. Propaganda of social, racial, national, religious or linguistic excellence is prohibited.
3. No one shall be compelled to express his opinions and beliefs or refuse them.
4. Everyone has the right to freely seek, receive, transmit, produce and disseminate information by any lawful means.
5. Freedom of the media is guaranteed. Censorship is prohibited.
Article 23
1. Everyone has the right to association, including the right to create professional unions to protect their interests. Freedom of activity of public associations is guaranteed.
2. No one shall be compelled to enter into any association or stay in it.
Article 24
Citizens of the Donetsk People's Republic and the federal state have the right to assemble peacefully, without weapons, to hold meetings, rallies and demonstrations, marches and pickets.
Article 25
1. Citizens of a federal state residing in the territory of the Donetsk People's Republic shall have the right to participate in the management of the affairs of the federal state and the Donetsk People's Republic both directly and through their representatives.
2. Citizens of a federal state residing in the territory of the Donetsk People's Republic shall have the right, in accordance with the law of the federal state, this Constitution and the law of the Donetsk People's Republic, to elect and be elected to state bodies and local self-government bodies, as well as to participate in referendums.
3. Citizens who are recognized as legally incompetent, as well as those held in places of deprivation of liberty on the verdict of a court, have no right to elect and be elected.
4. Citizens of the Donetsk People's Republic and citizens of a federal state on the territory of the Donetsk People's Republic shall have equal access to public service.
5. Citizens of the Donetsk People's Republic and citizens of a federal state in the territory of the Donetsk People's Republic have the right to participate in the administration of justice.
Article 26
In the Donetsk People's Republic, citizens of the Donetsk People's Republic and citizens of the federal state have the right to convert personally, as well as to send individual and collective appeals to state bodies and local self-government bodies.
Article 27
1. Everyone has the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law.
2. In the Donetsk People's Republic, economic activities aimed at monopolization and unfair competition are not allowed.
Article 28
1. The right of private property is protected by law.
2. Everyone has the right to own property, to own, use and dispose of it alone as well as jointly with other persons.
3. No one shall be deprived of his property except by decision of the court. Forced alienation of property for state needs can be made only on condition of a preliminary and equivalent refund.
4. The right of inheritance is guaranteed.
Article 29
1. Citizens and their associations have the right to own a land in private ownership.
2. In the territory of the Donetsk People's Republic, possession, use and disposition of the land and other natural resources is carried out by their owners in accordance with the legislation of the Democratic People's Republic of, and in case of the accession of the Donetsk People's Republic of the federal state - in accordance with the legislation of the federal state, Donetsk People's Republic.
3. Ownership, use and disposal of land owners and other natural resources should not damage the environment and violate the rights and legitimate interests of other persons.
Article 30
1. Labor is free. Everyone has the right to freely dispose of their abilities to work, to choose the kind of activity and profession.
2. Forced labor is prohibited.
3. Everyone has the right to work in conditions meeting the requirements of safety and hygiene, to remuneration for work without any discrimination and not below the minimum wage established by the law of the Donetsk People's Republic or the law of the federal state, as well as the right to protection against unemployment.
4. The right to individual and collective labor disputes is recognized through the use of legal means for their resolution, including the right to strike.
5. Everyone has the right to rest. Workers under the employment contract are guaranteed legally established working hours, weekends and holidays, paid annual leave.
Article 31
1. Paternity, motherhood, the rights of parents and childhood, as well as the family as a union of a man and a woman registered in accordance with the law, are under the protection of the state.
2. Caring for children, their upbringing is the equal right and duty of both parents: men and women.
3. No forms of perverted unions between people of the same sex in the Donetsk People's Republic are recognized, not sanctioned and prosecuted by law.
Article 32
1. Everyone is guaranteed social security by age, in case of illness, disability, loss of bread-winner, for the upbringing of children and in other cases established by law.
2. State pensions and social benefits are established by law.
3. Voluntary social insurance, the creation of additional forms of social security and charity are encouraged.