The Constitution defines the rights and obligations of citizens/Channel 24
The Basic Law states that the establishment and provision of human rights and freedoms is the main duty of the state. But the Constitution also contains a list of duties. Further – in an exclusive blog for the channel 24 website.
Obligations are not remembered so often, they are not always willingly observed, but they must be known and observed in order for the state to work normally and we live in safety . This is our responsibility to each other.
Paying taxes and fees
Not paying taxes is very difficult. When we buy groceries at a grocery store, buy gas at a gas station, or pay for public transportation, we pay taxes that are usually built into the price of the goods. For example, the value added tax, which is currently 20% for most goods. Our remuneration is also taxed – it deducts military duty, income tax and a single social contribution. We usually do not notice this, because these taxes are borne by the employer.
There are those who pay taxes directly – entrepreneurs, sole traders or self-employed persons transfer funds to the State Treasury with a certain regularity.
Money is always given less willingly than received. Therefore, tax abuse is not uncommon. Both business and individuals sin with this because of understating taxes, not registering employees, salaries in envelopes, and others. But first of all, it is self-deception. After all, taxes are fuel for the state, without which it cannot work effectively. This money is used to develop infrastructure, build schools and hospitals, and purchase weapons for the armed forces.
The Criminal Code provides for liability for tax evasion, fees and the single social contribution. Only recently, the prosecutor's office has accused ex-people's deputy Gennady Balashov, the current deputy Viktor Myalik, the oligarch Rinat Akhmetov and even the leaders of Naftogaz NJSC of non-payment of taxes.
At the same time, the duty of the state is to set realistic rates: so that there is enough for the expenditure part of the budget, and there is no excessive pressure on taxpayers, and, accordingly, the desire to work in the shadows.
Take care of nature and cultural heritage
Although the idea of protecting the environment is somewhat utopian, given the operation of thermal power plants, thermal power plants, nuclear power plants, mining, deforestation and the rapid development of agriculture, nevertheless, the parents of the Constitution preferred that no one did not harm nature.
In particular, the state introduced administrative penalties for littering, illegal logging, arson and fires in forests. And for violation of the rules of environmental safety, failure to take measures to eliminate environmental pollution or land pollution, you can be held criminally liable.
“Do no harm” in the Constitution was also prescribed for cultural heritage sites. In order for ancient buildings, complexes, movable objects, territories to be preserved, it is enough for people not to destroy them. The Criminal Code provides for liability for misappropriation of objects of cultural value, smuggling of cultural property and damage to cultural heritage sites.
Strictly observe the Constitution and laws
Violating the Constitution and laws is the same as driving on the highway as you like. This creates chaos, risks to people's lives and threatens the very movement on such a section of the road. Actually, the rules are invented for this in order to normalize the behavior of all participants: both on the road and in society as a whole. Ignoring the rules endangers the existence of the state itself. Therefore, the violator must be punished, even if it is the president.
Viktor Yanukovych systematically despised the Constitution and laws, abused his influence and powers. And received a revolution of dignity. Leonid Kuchma did the same, which also provoked the Orange Revolution.
If we talk about violations that people can commit, then crimes against the Constitution are among the most serious in the Criminal Code. This, for example, is an attempt to overthrow the constitutional order, financing such actions, treason and collaborationism.
Do not encroach on the rights, freedoms, honor and dignity of others
Democracy involves that everyone has rights. They cannot be absolute and end where other people's rights begin.
For example, the right to freedom of speech. You can say whatever you want about world politics, religion, sexual orientation, skin color or the origin of other people, as long as it does not turn into hate speech. After that, there is no freedom of speech, but only mutual accusations and hatred. In such a case, the state can also intervene and hold accountable for, in particular, threats to kill or destroy a judge, official, boss or journalist.
Or the right to life. Everyone's life is sacred. But if someone decides that they can encroach on the lives of others, they will have the right to self-defense. And the actions of such a violator will be punished by law.
It is this duty that prohibits law enforcement agencies from beating, maiming, and torturing people. Even when the investigators are sure that someone is guilty of the crime.
Defend the Motherland, independence and territorial integrity of Ukraine
This obligation applies only to citizens of Ukraine, who, in accordance with the fundamental law, are obliged to ensure the defense of Ukraine, the protection of its sovereignty, territorial integrity and inviolability. The corresponding clarification was made by the Constitutional Court.
Military duty includes:
- preparation of citizens for military service;
- assignment to recruiting stations;
- voluntary recruitment (by contract) and conscription;
- military service;
- performance of military duty in the reserve;
- service in the military reserve;
- compliance with the rules of military registration.
< p dir="ltr">In peacetime, fit for health reasons, men from 18 to 27 years old who do not have the right to deferment are called up for military service. In the case of mobilization, other age limits may be established. For example, after Russia's large-scale invasion of Ukraine on February 24 and the Decree of the President, citizens aged 18 to 60 are mobilized.
Women are also accepted for military registration if they have the necessary specialty or profession. They can be called up for military service and they will perform military duty on an equal footing with men. In the past, women were less recruited into the military, probably due to stereotypes that the military is a place for men. But although the number of men in the army is predominant, there is already a trend towards more female recruitment.
After the start of Russian aggression in 2014 and a large-scale invasion in February 2022, this is an extremely urgent duty for Ukraine. Therefore, it is not surprising that when President Volodymyr Zelensky was petitioned to lift the ban on the travel of men liable for military service abroad, he replied that defending the Fatherland is the responsibility of citizens, so the restrictions will be lifted after the end of martial law.
Respect the state symbols of Ukraine
The constitution defines that we have three state symbols: the flag, the coat of arms (large and small) and the anthem. Citizens are obliged to respect and not vilify them.
Desecration of state symbols is a criminal offense that provides for a fine from 17,000 to 68,000 hryvnias, arrest for up to six months, or imprisonment for up to three years. Both citizens and foreigners can be guilty of this crime.
At the same time, the problem is the lack of a law that would regulate the issues of state symbols. Currently, only the Law on the National Anthem is in force, containing the text itself and the obligation to use it at solemn events of national importance. There is also a 1992 decree on the State Emblem, which approved the image of the modern small State Emblem. But it is doubtful that today this decision can be applied, because it was adopted in the Constitution.
With a large State Emblem, the situation is even “more fun”. On paper, it is one of the state symbols, but in fact we do not have it. Since 1996, a competition for his sketch has been held at least three times, most recently in 2020. But so far it has not been approved at all.
It is necessary to respect state symbols, but the lack of legislative regulation in two out of three cases makes this duty rather voluntary.< /p>
Why it matters
Every citizen or foreigner, voter or politician, theorist or practitioner, has responsibilities. Without the obligation to abide by the Constitution and laws, we would live in complete legal chaos. Without the obligation not to encroach on the rights, freedoms, honor and dignity of others, we could not defend ourselves against criminals or usurpers.
Without a civic duty to defend the Fatherland, it is not known whether Ukraine would have existed at all when such a an aggressive and hostile neighbor, like Russia.
Oleg Savichuk, Analyst, Joint Action Center
