Constitutional Court rules on Law of the Presidential elections

October 20, 2009

Ukraine’s Constitutional Court has brought down its ruling.  As previously reported in a leak the Court has ruled unconstitutional five provisions of the Law on the Presidential Elections.

1. The provision that required voters abroad to be registered with the consulate before having the right to vote. 

Now any citizen of Ukraine can turn up and apply to vote at a Ukrainian consulate abroad. In a strange and some what conflicting move the Court upheld the abolition of absentee voting.  Seems that if your are living abroad you can vote but if your holidaying in Ukraine or visiting friends or relatives you are denied the right to vote. If your voting abroad you still have to attend the consulate offices. In 2007 the number of voters voting abroad was less then 0.05%

2. The provision that members of the local CEC boards needed to be registered as living within the area has been removed

This is a reasonable change but will not effect the conduct of the election

3. Proposed limitations of court challenges have been removed.

It is not clear exactly as to what the repercussions of this might be. It is common for legislation to restrict frivolous and unsubstantiated challenges that might arise from time to time.  The general principle is that any error in the conduct of the election procedures MUST be demonstrated to have effected the overall results of the election before any challenge can succeed.

4. Abolished the two day limitation on hearing any disputes related to the conduct of the election

5. Removed the exclusive right of the CEC to declare a candidates registration invalid

The courts will now have the right to consider any application, the main problem with this is any court proceedings may effect the overall administration and timing of the election if any disputes are not quickly addressed.

Yushchenko was quick to claim that the Constitutional Court ruling was a win for his stance but the reality is it was not .  Not all the arguments provided by Yushchenko were upheld. The changes to the legislation will not effect the  overall elections.  The elections will still proceed as planned with the 90 days campaign and most important the 2.5 million hrivina deposit remains in place.  The Parliament may have to modify some aspects of the law but the legislation remains in tact.

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Venice Commission: In review

October 14, 2009


Review on Law of Presidential Elections

The Venice Commission has published its “Joint Opinion on the Law on Amending some legislative acts on the election of the President of Ukraine adopted by the Verkhovna Rada of Ukraine on 24 July 2009

A. Nomination and Candidate Registration

14. Articles 9.4 and 56.5 include a restriction on candidacy based upon criminal conviction for any “intentional crime.”

The Venice Commission has rightly criticised the Legislation in its application.  A common criteria in assessing a persons rights to nominate for public office and the seriousness of any offence is to restrict anyone who has been convicted of a criminal offence resulting in a five-year term of imprisonment.  Someone who has committed a serious felony.  As the law stands it could be used to unfairly prevent a candidate who has a minor conviction  from standing or worst still the conviction could be politically motivated.  A minimum five year prison term is generally applied to only serious offenses and is a good means of classification in applying any prohibition in seeking office.  In the end it is the will of the people that decides who should represent them. Article 103 of Ukraine’s constitution defines who can stand of public office.

The President of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.

A citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the sate language, may be elected as the President of Ukraine.One and the same person shall not be the President of Ukraine for more the two consecutive terms.

The President of Ukraine shall not have another representative mandate, hold office in bodies of state power or in associations of citizens, and also perform any other paid or entrepreneurial activity, or be a member of an administrative body or board of supervisors of an enterprise that is aimed at making profit.Regular elections of the President of Ukraine are held on the last Sunday of the last month of the fifth year of the term of authority of the President of Ukraine. In the event of pre-term termination of authority of the President of Ukraine, elections of t he President of Ukraine are held within ninety days from the day of termination of the authority.

The procedure for conducting elections of the President of Ukraine is established by law.

15. Article 44.2 Political parties be registered for at least one year prior to election day

This is not such a major issue.  As it only restricts the right of Party registration.  A candidate can still run as an independent in the absence of Party registration.  The one year limitation is reasonable but could be reduced to six months.  Fly by the night Party registration should be limited. This is not a point of law, more of an administrative policy.

16. Articles 45 and 51 set out requirements on the procedures to be followed by political parties (and election blocs) when they nominate candidates.

The above articles are reasonable as they provide an outline of a procedure to ensure that any decision of a Party are properly administered and complied with,  the task are not onerous.  More guidelines should be published so as to not allow for any misunderstandings and refusal based on a minor technicality. 

17. Article 49 Electoral Nomination deposit.

The provisions of a high deposit rate (2.5 million hryvina ~ US$0.01 per voter) does not infringe on the democratic rights of citizens or candidates. The requirement for a high deposit is justifiable.  Ukraine has adopted a two-round first-past-the-post voting system,  if no candidate has 50% or more votes then the two highest candidates progress to a second round run-off election. The potential for technical candidates (also referred to as “Spoiler Candidates”) running in order to effect the outcome of the poll is considerable.  A high deposit is not unreasonable under the circumstances as it seeks to limit the number of candidates that do not have a serious chance of being elected but never the less  could affect the outcome of the two highest polling candidates. 

The current legislation provides that only candidates that progress into the second round of voting or who win in the first round are refunded their deposit.  Whilst this may be seen as rather high (Some counties have a 15% to 20% criterion) the refund provision is also not unreasonable.  If a candidate sincerely believes that they have a chance of winning the election then this is their choice and assessment. The deposit is designed to try and prevent misuse and abuse of presidential nominations. 

A better alternative would be for Ukraine to adopt a preferential “Instant Run-Off voting (IRV) system” Under a IRV system minor candidates do not detract from other candidates chances of winning the election. Minor candidates can play a positive as opposed to a negative role in that they can advocate a second choice preference. With a singe-round preferential election than a lower nomination deposit and return policy could be adopted. 

The requirement to pay a nomination deposit does not breach fundamental human right guaranteed by international and European human rights instruments. 

The merit behind the Venice Commission’s assessment on the nomination deposit issue needs to be seriously questioned and one wonders if this is a political decision more then a point of law. Many Western democracies have required nomination deposits to be made/forfeited in order to try and limit the number of un-realistic nominations – Ukraine should be no different.

18. Provisions for nomination Signatures.

The law has rightly removed this provision as highlighted by the Venice Commission’s report.  The issue of a high nomination deposit removes the need for a signatory requirement as they are both designed to try and limit frivolous candidatures (candidates that have no real prospect of being elected to office).  Again this is an issue mainly associated with the first-past-the-post two-round voting system. (See comments above on nomination deposits)


B. Election Administration

21. Article 17.3 Election period reduced from 120 to 90 days.

Again questions arise as to the merit of the Venice commissions assessment in what appears very much to be a political comment not a point of law, Ukraine’s Constitution (Article 103) provides for a 90 day election period.  Parliamentary elections have a 60 day window as do many western democracies. The 90 days time line is an administrative time line and more then reasonable.
 

28. Article 20.9 establishes polling stations of three sizes: small, medium, and large.

3000 is not too large a number for a large polling place that is well managed and staffed. Ukraine also has over 14 hours of voting (8:00AM to 10:00PM) The main concern here is that the elections will be held in the midst of Ukraine’s bitter cold winter. The parliament tried to convene the election to take place in late October but was opposed by Viktor Yushchenko. This is an issue that should have been address long ago and Ukraine should look at setting a fixed date for elections as is the case in the USA.

H. Voting Procedures

59. Article 71.4 requires that candidates are listed on the ballot in alphabetical order.

The order of the ballot paper can provide a significant advantage to those candidates located at the top of the ballot paper. Consideration should be given to printing ballot papers in random or rotated order as opposed to a random draw. So as to assist in the counting of the vote, given that this is a national election, each polling place could have a random ordered set of ballot papers that differ from other polling districts. This is a technical issue not of high importance for a National single electorate elections, but if Ukraine adopts local electorates for the Parliament then this should be considered further.

60. The option to vote “against all

The OSCE/ODIHR recommended in their 2004 Election Observation Mission Final Report that “The option to vote “against all” candidates be removed from the ballot.” The final report states that, as a matter of principle, voters should be encouraged to vote for their preferred candidate or party, and thereby take responsibility for the body which is being elected. Therefore, Article 71.4, which requires election ballots to include the option of checking a box indicating “I do not support any candidate to the post of President of Ukraine” should be reconsidered and potentially removed. – Full endorsement What happens if 5% vote “against all”  and the highest polling candidate receives 48% of the vote and the second highest 47%?  

J. Election Disputes

General comment

It is incumbent on any person or oganisation challenging the legality of an election to prove that the overall result and outcome would have change had the error not occurred before the results of the election can be declared invalid.

Mistakes in administration do happen.
 
It is commonly recognised and accepted that any challenge to the elections results MUST establish that the overall results would have been effected and that the outcome of the election would have changed as a result of any errors in the administration and or count of the ballot. 

It would be unacceptable to invalidate an entire election due to any technical breach or mistake that would not have effected the overall result. i.e. If one polling place was found to have been reported in error but the number of ballot papers recorded would not have effected the overall result of the election then this should not be allowed to invalidate the election as a whole. 

To avoid a court overruling an election on a technicality legislation is required.  An example of this was the decision of the Constitutional court to rule unconstitutional legislation based on the date registered in the proclamation publication. 


The Constitution and laws of Ukraine place time limitations and constraints on the declaration of the election.  Similar constraints applied in the 2000 US presidential election which enabled US Republicans to avoid judicial review of GW bush election in the State of Florida. 

This only becomes problematic, if the results of the election are close and in dispute.  

The conduct of the 2004 Presidential elections failed to establish that the errors identified in the conduct of the election would have changed the overall results.  Statistically a re-run elections produces a swing of 4%  to 6%  to the opposition.   Ukraine’s incumbent President, Victor Yushchenko won the re-run ballot with 52% of the vote, which is not under dispute. but the outcome of the second round ballot and the voters intention is still undetermined. 


Retrograde Step Presidential Law on Cabinet of Ministers seeks to unconstitutionally usurp power and authority from Ukraine’s parliament

January 16, 2008

There is no rush for this new law to be passed. It can and should be deferred pending the review of the Courts and recommendations for proposed constitutional reform

The proposed new law on the Cabinet of Ministers, as outline in the article below, clearly is in breach of the constitution in that the President is seeking to usurp power and authority of the parliament by making the office of the president the sole authority to appoint the Prime-Minster, Defence Minister and Foreign affairs Minster.

“The provisions that stipulate that proposals on a candidate for the post of Prime Minister can be submitted by a coalition of parliamentary factions is withdrawn. This right remains exclusively with the President, as stipulated in the Constitution,» Shlapak said.

Moreover, according to him, the draft law clearly stipulates the reasons for which the President can reject a candidate for the post of Prime Minister. “

The statement above is false and misleading as the authority of appointment of Prime Minster, defence Minister and the Foreign Affairs does not lie with the President. The President has only the authority to make a submission on the appointment.

Yulia would be well advised to delay passing of the new Law on the Cabinet of Ministers pending the outcome of

1) the Constitutional Court review of the law as referred to the Court by Yushchenko in 2007.

2) review by the European Council’s Venice Commission. Then and only then should parliament consider support for the proposed new law.

If this law is passed then undoubtedly it will be referred to the Constitutional Court for review by no less then 45 members of parliament. In the meantime the new law will be in force be it unconstitutional. Yulia should wait for the initial ruling before signing her own political death warrant.

In the absence of a detailed copy of the proposed law and based on the comments contained in the article below the President’s proposed Law on the Cabinet of Ministers could very much be challenged and subject to review by Ukraine’s Constitutional Court. (Assuming Yushchenko will not act to pervert the course of justice and interfere with the independence of Ukraine’s Constitutional Court

The proposed law on the Cabinet as outlined below would see the President have sole authority in the nomination and appointment of who holds what position.

Currently the president only has the right of nomination or right to make a submission but the appointment is constitutionally the responsibility of the Parliament. Yushchenko’s proposed Law seeks to usurp that power and authority and place absolute control back into the hands of the president. Such a Law would see Yulia Tymoshenko once again subject to dismissal and the appointment as the president’s nominee.

The definition of what is and what is not constitutional ultimately can only be decided by Ukraine’s Constitutional Court. The President specious claims that the current law on the Cabinet is unconstitutional has not been established. It is most likely that the proposed new law put forward by Yushchenko is unconstitutional.

Article 83 paragraph 8 of Ukraine’s Constitution states:

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine submits to the President of Ukraine, in accordance with this Constitution, proposals concerning a candidature for the office of the Prime Minister of Ukraine and also, in accordance with this Constitution, submits proposals concerning candidatures for the membership of the Cabinet of Ministers of Ukraine.

The above article clearly states that the Parliament is the body that makes a submission/nomination/proposal concerning the candidature for Prime-Minster and Cabinet Ministers

The authority to make the appointment as stated in Article 85 section (12) is the right of the parliament with the President maintaining the right to make a submission only : The decision of appointment is the Parliaments authority not the president’s.

The authority of the Verkhovna Rada of Ukraine comprises:

(12) appointing to office – upon the submission by the President of Ukraine – the Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine; appointing to office – upon the submission by the Prime Minister of Ukraine – other members of the Cabinet of Ministers of Ukraine, the Chairperson of the Antimonopoly Committee of Ukraine, the Head of the State Committee on Television and Radio Broadcasting of Ukraine, and the Head of the State Property Fund of Ukraine; dismissing from office the officials mentioned above; deciding on the resignation of the Prime Minister of Ukraine and of members of the Cabinet of Ministers of Ukraine;

Clearly it is the Parliament that makes the appointment of the Prime Minister ad members of the Cabinet 9I;including the Foreign Affairs Minister and Defence Ministers. The parliament can also dismiss members of the cabinet.

Article 106 clause 9 requires the president to perform certain administrative functions within a fifteen day period, in recognition of the authority and nomination of the parliament submitted under Article 83 as outlined above.

The President of Ukraine

(9) puts forward, upon the proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine as provided for by Article 83 of the Constitution of Ukraine, the submission on the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of Ukraine, no later than fifteen days after the receipt of such a proposal;

Article 106 clause 10

Again states that the President has the right to make a submission on the appointment of Minster for defence and Minister of Foreign Affairs

It does not give the president the right to make the appointment which is clearly the prerogative and constitutional authority of the Parliament not the President

(10) puts forward to the Verkhovna Rada of Ukraine the submission on the appointment of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;

Ukraine is a constitutional parliamentary democracy

The current law on the Cabinet of Ministers codifies the administrative procedures that govern the president’s submission and the parliament’s appointment. It does not takeaway the constitutional rights or obligations of the President. Howwver the new law as proposed by the office of the President most certainly appears to remove the rights and obligations of Ukraine’s parliament.

Yushcheko’s proposed new law seeks to reinstate presidential authority over government where the president has no power or authority to do so.

Extract from article

President Viktor Yushchenko has proposed that the parliament adopt a new Law on Cabinet of Ministers.

Oleksandr Shlapak, the Presidential Secretariat’s first deputy head and presidential representative in the Cabinet of Ministers, announced this.

According to him, Yushchenko sent the relevant draft law to the parliament on January 10 for urgent consideration.

Shlapak said that this draft law provides for abrogating the current Law on Cabinet of Ministers because some of its provisions violate the Ukrainian Constitutions.

In particular, Shlapak explained that the draft law outlines procedures for forming a government in accordance with the requirements of the Constitution.

These procedures deal with submission of candidacies for the post of Prime Minister to the parliament.

«The provisions that stipulate that proposals on a candidate for the post of Prime Minister can be submitted by a coalition of parliamentary factions is withdrawn. This right remains exclusively with the President, as stipulated in the Constitution,» Shlapak said.

Moreover, according to him, the draft law clearly stipulates the reasons for which the President can reject a candidate for the post of Prime Minister.

The draft law also stipulates that the Defense Minister and the Foreign Affairs Minister are to be appointed exclusively at the initiative of the President and not at the initiative of the Prime Minister.

According to Shlapak, the draft law also provides for a mechanism according to which a candidate for the post of Prime Minister is to present the action program of his/her future government, and this mechanism stipulates that such a program should be based on political positions and programmatic tasks agreed by a coalition of parliamentary factions and that the program should be approved simultaneously with presentation of the Prime Minister.

The draft law also provides for improving the mechanism for interaction between government ministries and territorial agencies.

Moreover, it provides for changing the procedures for nominating candidates for posts of deputy minister: the current law stipulates that deputy ministers are to be appointed at the recommendation of the Prime Minister while the proposed law stipulates that deputy ministers are to be nominated by the relevant ministers at meetings of the Cabinet of Ministers.

Furthermore, Shlapak said that the draft law provides for restoring the President’s power to raise the issue of the Cabinet of Ministers’ responsibility with the parliament.

The draft law also regulates the issue of co-signing of presidential acts by the Prime Minister and individual ministers.

It also provides for the possibility of including members of the government and heads of other executive government organs in working groups set up by the President. The current Law on the Cabinet of Ministers prohibits this.


Retrograde Step Presidential Law on Cabinet of Ministers seeks to unconstitutionally usurp power and authority from Ukraine’s parliament

January 16, 2008

There is no rush for this new law to be passed. It can and should be deferred pending the review of the Courts and recommendations for proposed constitutional reform

The proposed new law on the Cabinet of Ministers, as outline in the article below, clearly is in breach of the constitution in that the President is seeking to usurp power and authority of the parliament by making the office of the president the sole authority to appoint the Prime-Minster, Defence Minister and Foreign affairs Minster.

“The provisions that stipulate that proposals on a candidate for the post of Prime Minister can be submitted by a coalition of parliamentary factions is withdrawn. This right remains exclusively with the President, as stipulated in the Constitution,» Shlapak said.

Moreover, according to him, the draft law clearly stipulates the reasons for which the President can reject a candidate for the post of Prime Minister. “

The statement above is false and misleading as the authority of appointment of Prime Minster, defence Minister and the Foreign Affairs does not lie with the President. The President has only the authority to make a submission on the appointment.

Yulia would be well advised to delay passing of the new Law on the Cabinet of Ministers pending the outcome of

1) the Constitutional Court review of the law as referred to the Court by Yushchenko in 2007.

2) review by the European Council’s Venice Commission. Then and only then should parliament consider support for the proposed new law.

If this law is passed then undoubtedly it will be referred to the Constitutional Court for review by no less then 45 members of parliament. In the meantime the new law will be in force be it unconstitutional. Yulia should wait for the initial ruling before signing her own political death warrant.

In the absence of a detailed copy of the proposed law and based on the comments contained in the article below the President’s proposed Law on the Cabinet of Ministers could very much be challenged and subject to review by Ukraine’s Constitutional Court. (Assuming Yushchenko will not act to pervert the course of justice and interfere with the independence of Ukraine’s Constitutional Court

The proposed law on the Cabinet as outlined below would see the President have sole authority in the nomination and appointment of who holds what position.

Currently the president only has the right of nomination or right to make a submission but the appointment is constitutionally the responsibility of the Parliament. Yushchenko’s proposed Law seeks to usurp that power and authority and place absolute control back into the hands of the president. Such a Law would see Yulia Tymoshenko once again subject to dismissal and the appointment as the president’s nominee.

The definition of what is and what is not constitutional ultimately can only be decided by Ukraine’s Constitutional Court. The President specious claims that the current law on the Cabinet is unconstitutional has not been established. It is most likely that the proposed new law put forward by Yushchenko is unconstitutional.

Article 83 paragraph 8 of Ukraine’s Constitution states:

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine submits to the President of Ukraine, in accordance with this Constitution, proposals concerning a candidature for the office of the Prime Minister of Ukraine and also, in accordance with this Constitution, submits proposals concerning candidatures for the membership of the Cabinet of Ministers of Ukraine.

The above article clearly states that the Parliament is the body that makes a submission/nomination/proposal concerning the candidature for Prime-Minster and Cabinet Ministers

The authority to make the appointment as stated in Article 85 section (12) is the right of the parliament with the President maintaining the right to make a submission only : The decision of appointment is the Parliaments authority not the president’s.

The authority of the Verkhovna Rada of Ukraine comprises:

(12) appointing to office – upon the submission by the President of Ukraine – the Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine; appointing to office – upon the submission by the Prime Minister of Ukraine – other members of the Cabinet of Ministers of Ukraine, the Chairperson of the Antimonopoly Committee of Ukraine, the Head of the State Committee on Television and Radio Broadcasting of Ukraine, and the Head of the State Property Fund of Ukraine; dismissing from office the officials mentioned above; deciding on the resignation of the Prime Minister of Ukraine and of members of the Cabinet of Ministers of Ukraine;

Clearly it is the Parliament that makes the appointment of the Prime Minister ad members of the Cabinet 9I;including the Foreign Affairs Minister and Defence Ministers. The parliament can also dismiss members of the cabinet.

Article 106 clause 9 requires the president to perform certain administrative functions within a fifteen day period, in recognition of the authority and nomination of the parliament submitted under Article 83 as outlined above.

The President of Ukraine

(9) puts forward, upon the proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine as provided for by Article 83 of the Constitution of Ukraine, the submission on the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of Ukraine, no later than fifteen days after the receipt of such a proposal;

Article 106 clause 10

Again states that the President has the right to make a submission on the appointment of Minster for defence and Minister of Foreign Affairs

It does not give the president the right to make the appointment which is clearly the prerogative and constitutional authority of the Parliament not the President

(10) puts forward to the Verkhovna Rada of Ukraine the submission on the appointment of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;

Ukraine is a constitutional parliamentary democracy

The current law on the Cabinet of Ministers codifies the administrative procedures that govern the president’s submission and the parliament’s appointment. It does not takeaway the constitutional rights or obligations of the President. Howwver the new law as proposed by the office of the President most certainly appears to remove the rights and obligations of Ukraine’s parliament.

Yushcheko’s proposed new law seeks to reinstate presidential authority over government where the president has no power or authority to do so.

Extract from article

President Viktor Yushchenko has proposed that the parliament adopt a new Law on Cabinet of Ministers.

Oleksandr Shlapak, the Presidential Secretariat’s first deputy head and presidential representative in the Cabinet of Ministers, announced this.

According to him, Yushchenko sent the relevant draft law to the parliament on January 10 for urgent consideration.

Shlapak said that this draft law provides for abrogating the current Law on Cabinet of Ministers because some of its provisions violate the Ukrainian Constitutions.

In particular, Shlapak explained that the draft law outlines procedures for forming a government in accordance with the requirements of the Constitution.

These procedures deal with submission of candidacies for the post of Prime Minister to the parliament.

«The provisions that stipulate that proposals on a candidate for the post of Prime Minister can be submitted by a coalition of parliamentary factions is withdrawn. This right remains exclusively with the President, as stipulated in the Constitution,» Shlapak said.

Moreover, according to him, the draft law clearly stipulates the reasons for which the President can reject a candidate for the post of Prime Minister.

The draft law also stipulates that the Defense Minister and the Foreign Affairs Minister are to be appointed exclusively at the initiative of the President and not at the initiative of the Prime Minister.

According to Shlapak, the draft law also provides for a mechanism according to which a candidate for the post of Prime Minister is to present the action program of his/her future government, and this mechanism stipulates that such a program should be based on political positions and programmatic tasks agreed by a coalition of parliamentary factions and that the program should be approved simultaneously with presentation of the Prime Minister.

The draft law also provides for improving the mechanism for interaction between government ministries and territorial agencies.

Moreover, it provides for changing the procedures for nominating candidates for posts of deputy minister: the current law stipulates that deputy ministers are to be appointed at the recommendation of the Prime Minister while the proposed law stipulates that deputy ministers are to be nominated by the relevant ministers at meetings of the Cabinet of Ministers.

Furthermore, Shlapak said that the draft law provides for restoring the President’s power to raise the issue of the Cabinet of Ministers’ responsibility with the parliament.

The draft law also regulates the issue of co-signing of presidential acts by the Prime Minister and individual ministers.

It also provides for the possibility of including members of the government and heads of other executive government organs in working groups set up by the President. The current Law on the Cabinet of Ministers prohibits this.


Retrograde Step Presidential Law on Cabinet of Ministers seeks to unconstitutionally usurp power and authority from Ukraine’s parliament

January 16, 2008

There is no rush for this new law to be passed. It can and should be deferred pending the review of the Courts and recommendations for proposed constitutional reform

The proposed new law on the Cabinet of Ministers, as outline in the article below, clearly is in breach of the constitution in that the President is seeking to usurp power and authority of the parliament by making the office of the president the sole authority to appoint the Prime-Minster, Defence Minister and Foreign affairs Minster.

“The provisions that stipulate that proposals on a candidate for the post of Prime Minister can be submitted by a coalition of parliamentary factions is withdrawn. This right remains exclusively with the President, as stipulated in the Constitution,» Shlapak said.

Moreover, according to him, the draft law clearly stipulates the reasons for which the President can reject a candidate for the post of Prime Minister. “

The statement above is false and misleading as the authority of appointment of Prime Minster, defence Minister and the Foreign Affairs does not lie with the President. The President has only the authority to make a submission on the appointment.

Yulia would be well advised to delay passing of the new Law on the Cabinet of Ministers pending the outcome of

1) the Constitutional Court review of the law as referred to the Court by Yushchenko in 2007.

2) review by the European Council’s Venice Commission. Then and only then should parliament consider support for the proposed new law.

If this law is passed then undoubtedly it will be referred to the Constitutional Court for review by no less then 45 members of parliament. In the meantime the new law will be in force be it unconstitutional. Yulia should wait for the initial ruling before signing her own political death warrant.

In the absence of a detailed copy of the proposed law and based on the comments contained in the article below the President’s proposed Law on the Cabinet of Ministers could very much be challenged and subject to review by Ukraine’s Constitutional Court. (Assuming Yushchenko will not act to pervert the course of justice and interfere with the independence of Ukraine’s Constitutional Court

The proposed law on the Cabinet as outlined below would see the President have sole authority in the nomination and appointment of who holds what position.

Currently the president only has the right of nomination or right to make a submission but the appointment is constitutionally the responsibility of the Parliament. Yushchenko’s proposed Law seeks to usurp that power and authority and place absolute control back into the hands of the president. Such a Law would see Yulia Tymoshenko once again subject to dismissal and the appointment as the president’s nominee.

The definition of what is and what is not constitutional ultimately can only be decided by Ukraine’s Constitutional Court. The President specious claims that the current law on the Cabinet is unconstitutional has not been established. It is most likely that the proposed new law put forward by Yushchenko is unconstitutional.

Article 83 paragraph 8 of Ukraine’s Constitution states:

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine submits to the President of Ukraine, in accordance with this Constitution, proposals concerning a candidature for the office of the Prime Minister of Ukraine and also, in accordance with this Constitution, submits proposals concerning candidatures for the membership of the Cabinet of Ministers of Ukraine.

The above article clearly states that the Parliament is the body that makes a submission/nomination/proposal concerning the candidature for Prime-Minster and Cabinet Ministers

The authority to make the appointment as stated in Article 85 section (12) is the right of the parliament with the President maintaining the right to make a submission only : The decision of appointment is the Parliaments authority not the president’s.

The authority of the Verkhovna Rada of Ukraine comprises:

(12) appointing to office – upon the submission by the President of Ukraine – the Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine; appointing to office – upon the submission by the Prime Minister of Ukraine – other members of the Cabinet of Ministers of Ukraine, the Chairperson of the Antimonopoly Committee of Ukraine, the Head of the State Committee on Television and Radio Broadcasting of Ukraine, and the Head of the State Property Fund of Ukraine; dismissing from office the officials mentioned above; deciding on the resignation of the Prime Minister of Ukraine and of members of the Cabinet of Ministers of Ukraine;

Clearly it is the Parliament that makes the appointment of the Prime Minister ad members of the Cabinet 9I;including the Foreign Affairs Minister and Defence Ministers. The parliament can also dismiss members of the cabinet.

Article 106 clause 9 requires the president to perform certain administrative functions within a fifteen day period, in recognition of the authority and nomination of the parliament submitted under Article 83 as outlined above.

The President of Ukraine

(9) puts forward, upon the proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine as provided for by Article 83 of the Constitution of Ukraine, the submission on the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of Ukraine, no later than fifteen days after the receipt of such a proposal;

Article 106 clause 10

Again states that the President has the right to make a submission on the appointment of Minster for defence and Minister of Foreign Affairs

It does not give the president the right to make the appointment which is clearly the prerogative and constitutional authority of the Parliament not the President

(10) puts forward to the Verkhovna Rada of Ukraine the submission on the appointment of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;

Ukraine is a constitutional parliamentary democracy

The current law on the Cabinet of Ministers codifies the administrative procedures that govern the president’s submission and the parliament’s appointment. It does not takeaway the constitutional rights or obligations of the President. Howwver the new law as proposed by the office of the President most certainly appears to remove the rights and obligations of Ukraine’s parliament.

Yushcheko’s proposed new law seeks to reinstate presidential authority over government where the president has no power or authority to do so.

Extract from article

President Viktor Yushchenko has proposed that the parliament adopt a new Law on Cabinet of Ministers.

Oleksandr Shlapak, the Presidential Secretariat’s first deputy head and presidential representative in the Cabinet of Ministers, announced this.

According to him, Yushchenko sent the relevant draft law to the parliament on January 10 for urgent consideration.

Shlapak said that this draft law provides for abrogating the current Law on Cabinet of Ministers because some of its provisions violate the Ukrainian Constitutions.

In particular, Shlapak explained that the draft law outlines procedures for forming a government in accordance with the requirements of the Constitution.

These procedures deal with submission of candidacies for the post of Prime Minister to the parliament.

«The provisions that stipulate that proposals on a candidate for the post of Prime Minister can be submitted by a coalition of parliamentary factions is withdrawn. This right remains exclusively with the President, as stipulated in the Constitution,» Shlapak said.

Moreover, according to him, the draft law clearly stipulates the reasons for which the President can reject a candidate for the post of Prime Minister.

The draft law also stipulates that the Defense Minister and the Foreign Affairs Minister are to be appointed exclusively at the initiative of the President and not at the initiative of the Prime Minister.

According to Shlapak, the draft law also provides for a mechanism according to which a candidate for the post of Prime Minister is to present the action program of his/her future government, and this mechanism stipulates that such a program should be based on political positions and programmatic tasks agreed by a coalition of parliamentary factions and that the program should be approved simultaneously with presentation of the Prime Minister.

The draft law also provides for improving the mechanism for interaction between government ministries and territorial agencies.

Moreover, it provides for changing the procedures for nominating candidates for posts of deputy minister: the current law stipulates that deputy ministers are to be appointed at the recommendation of the Prime Minister while the proposed law stipulates that deputy ministers are to be nominated by the relevant ministers at meetings of the Cabinet of Ministers.

Furthermore, Shlapak said that the draft law provides for restoring the President’s power to raise the issue of the Cabinet of Ministers’ responsibility with the parliament.

The draft law also regulates the issue of co-signing of presidential acts by the Prime Minister and individual ministers.

It also provides for the possibility of including members of the government and heads of other executive government organs in working groups set up by the President. The current Law on the Cabinet of Ministers prohibits this.


Law on the Cabinet of Ministers

January 28, 2007

Ukraine is again facing a battle for power and rule of law between Ukraine’s Parliament and Ukraine’s Office of the President. Over 2/3rds statutory majority of the elected Parliament voted in favour the proposed Law on Cabinet ad Ministers of Ukraine.

This law seeks to codify the rules and procedures related to the conduct and procedures of governance. The English version has some errors in translation and there are some aspects of the law that really is not necessary or desirable but overall the law has not major flaws and seeks to strengthen and clarify Ukraine’s Parliamentary democracy.

The Officer of the President and his party “Our Ukraine being in the minority have opposed the passing of this legislation which is currently waiting promulgation and publication. The proposed law is similar to legislation and conventions that exist in other Western democracies.

The President has vetoed this law and is currently embroiled in a constitutional disputation as to the rights of the President to refuse to sign the law into existence. Under Ukraine’s statutory provisions a law that is subject to a Presidential veto is adopted if supported by a statutory majority of 2/3rds of the elected Parliament (The same number required to amend Ukraine’s Constitution).

There are numerous debates about the constitutionality of the law with most opponents arguing the technicality of its implementation with minimal to no debate on the detail of the legislation.

Most of not all the opponents are from or supporters of the President’s Party “Our Ukraine” who received only 13% support in the March 2006 Parliamentary Elections. It is a case of the president wishing to retain significant power and his unwillingness to hand power over to Ukraine’s National parliament as a result of Ukraine’s transition form a Presidential dictatorship to a Parliamentary democracy. This law is one of many laws designed to codify the practice and authority of various aspect of the Government.

Other laws ‘in draft’ include The Law on Opposition and the Law on the President.

UPDATE: January 30, 2007.

The Law on the Cabinet was published today bringing the Law into existance. It is expected that the Presidnet will refer the new law to Ukraine’s Consitutional Court for review following claims by the Presidnet that the Law contravines Ukraine’s consitution.

Related documents :
[16/10/06] CDL-AD(2006)032 Opinion on the Draft Law on the Cabinet of Ministers of Ukraine adopted by the Venice Commission at its 68th Plenary Session (Venice, 13-14 October 2006)
[03/10/06] CDL(2006)070 Constitution of Ukraine, as of 25 May 2006
st1\:*{behavior:url(#ieooui) }

Strasbourg, 5 September 2006
Opinion 386 / 2006
CDL(2006)060Engl. only

EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)

draft law

ON THE CABINET OF MINISTERS[*]
OF UKRAINE

DRAFT
Prepared by the Ministry of Justice of Ukraine.
Approved by the Cabinet of Ministers of Ukraine on 15 June 2006
[Unofficial translation]

Law of Ukraine
On the Cabinet of Ministers of Ukraine

This Law defines, according to the Constitution of Ukraine, the organisation, powers and procedures of activity of the Cabinet of Ministers of Ukraine.

General Provisions

Article 1.
Cabinet of Ministers of Ukraine in the System of State Authorities of Ukraine

1. The Cabinet of Ministers of Ukraine (Government of Ukraine) is the highest body in the system of bodies of executive power.

2. The Cabinet of Ministers of Ukraine exercises executive power directly and through ministries, other central bodies of executive power, the Council of Ministers of the Autonomous Republic of Crimea and local state administrations; it guides, co-ordinates and controls the activities of these bodies.

3. The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and the Verkhovna Rada of Ukraine, is under control of and accountable to the Verkhovna Rada of Ukraine within the limits envisaged in the Constitution of Ukraine.

Article 2.
Principal Objectives of the Cabinet of Ministers of Ukraine

1. The principal objectives of the Cabinet of Ministers of Ukraine are:

1) to secure state sovereignty and economic independence of Ukraine; to implement home and foreign policy of the state, to execute the Constitution and laws of Ukraine, and acts of the President of Ukraine;

2) to take measures with a view to ensure human and citizens’ rights and freedoms, and to create conditions favourable for a free and balanced development of personality;

3) to ensure implementation of financial, pricing, investment, and tax policy; labour and employment policy, that of social security, health protection, education, science and culture, environment protection, environmental safety and nature management;

4) to develop and execute nationwide economic, scientific and technological, social and cultural development programmes;

5) to ensure the development of all forms of ownership on equal footing; to exercise management of state property in accordance with the law;

6) to undertake measures to ensure defence capacity and national security of Ukraine, public order, fight against crime, and protection against negative effects of emergencies;

7) to organise and support foreign economic and customs activities;

8) to guide, co-ordinate and exercise control over activities of ministries and other bodies of executive power.

Article 3.
Principles of Activity of the Cabinet of Ministers of Ukraine

1. Activity of the Cabinet of Ministers of Ukraine is based on the principles of the rule of law, legality, separation of powers, continuity, collective leadership and joint responsibility, and publicity.

2. The Cabinet of Ministers of Ukraine exercises executive power on such grounds, within such competence and in such a way as are provided by the Constitution and laws of Ukraine. Illegal interference of any bodies, officials, enterprises, institutions, organisations or associations of citizens in dealing with the issues belonging to the competence of the Cabinet of Ministers of Ukraine is impermissible.

3. The Cabinet of Ministers of Ukraine is a collective body.

4. Unless otherwise provided for in this Law, the Cabinet of Ministers of Ukraine takes decisions on issues upon their deliberation at its meetings.

5. The Cabinet of Ministers of Ukraine regularly informs the public, using mass media, of its activities, involves citizens to the process of making decisions of social importance. The Cabinet of Ministers may adopt acts containing information with restricted access only in cases provided for in the law in the interests of protection of Ukraine’s national security and defence. All other decisions of the Cabinet of Ministers of Ukraine are subject to mandatory publication.

Article 4.
Legal Framework of the Activity of the Cabinet of Ministers of Ukraine

1. The organisation, principal powers and procedures of activity of the Cabinet of Ministers of Ukraine are determined by the Constitution of Ukraine and this Law.

2. Laws of Ukraine may also specify other powers of the Cabinet of Ministers of Ukraine.

3. The Cabinet of Ministers of Ukraine, in accordance with the Constitution and laws of Ukraine, approves its Rules of Procedure and defines other issues pertaining to its activity.

Article 5.
The Seat of the Cabinet of Ministers of Ukraine

The seat of the Cabinet of Ministers of Ukraine is the capital of Ukraine – Kyiv.

COMPOSITION AND procedure for FORMING OF THE CABINET OF MINISTERS OF UKRAINE

Article 6.
Composition of the Cabinet of Ministers of Ukraine and Status of its Members

1. The Cabinet of Ministers of Ukraine comprises the Prime Minister of Ukraine, the First Vice Prime Minister, Vice Prime Ministers and the Ministers of Ukraine.

2. The total number of members of the Cabinet of Ministers of Ukraine is established by the Verkhovna Rada of Ukraine and determined by its official composition on the grounds of nominations for the appointment of members of the Cabinet of Ministers of Ukraine under paragraphs 1–3 of Article 9 this Law.

3. The posts of members of the Cabinet of Ministers of Ukraine are ones of the political public service, to which the legislation on civil service does not apply. Distinctive features of political public service are specified by law.

4. The status of a member of the Cabinet of Ministers of Ukraine is defined by the Constitution of Ukraine, this and other Laws of Ukraine. It is disallowed to equate the status any positions in bodies of the executive power to members of the Cabinet of Ministers of Ukraine.

Article 7.
Requirements to Members of the Cabinet of Ministers of Ukraine

1. A person may be a member of the Cabinet of Ministers of Ukraine if one is a citizen of Ukraine with the right to vote, has a higher education and commands the official language. A person with a conviction which has not been cancelled and lawfully removed may not be appointed a member of the Cabinet of Ministers of Ukraine.

2. Members of the Cabinet of Ministers of Ukraine shall not combine their office with any other job (save for teaching, research or creative activities out of working hours), nor can they be a member of the governing body or supervisory council of an enterprise or profit-seeking organisation.

3. Where a nomination is submitted to the Verkhovna Rada of Ukraine to appoint a People’s Deputy of Ukraine a member of the Cabinet of Ministers of Ukraine, attached to such a nomination shall be a personal application of the People’s Deputy for termination of his/her deputy’s powers.

Article 8.
Appointment to the Office of the Prime Minister of Ukraine

1. The Prime Minister of Ukraine is appointed to the office by the Verkhovna Rada of Ukraine upon submission by the President of Ukraine.

2. The President of Ukraine submits a candidate for the office of the Prime Minister of Ukraine upon a motion of the coalition of deputies’ factions in the Verkhovna Rada of Ukraine not later than on the fifteenth day after the receipt of such motion.

3. A submission for appointment to the office of the Prime Minister of Ukraine includes information on:

a) education;

b) profession;

c) work experience and essential biographical data;

d) property status and income;

e) be a member of the governing body or supervisory council of an enterprise or profit-seeking organisation.

4. Before the issue is considered by the plenary session of the Verkhovna Rada of Ukraine, deputies’ factions and groups have the right to meet the candidate for the office of the Prime Minister of Ukraine and be given answers to their questions.

5. A candidate for the office of the Prime Minister of Ukraine addresses a plenary session of the Verkhovna Rada of Ukraine with a policy statement and replies to questions of People’s Deputies of Ukraine.

6. The Verkhovna Rada of Ukraine passes a resolution to appoint the Prime Minister of Ukraine by personalised vote. The decision shall be taken by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.

7. If the Verkhovna Rada of Ukraine rejects the candidate for the office of the Prime Minister of Ukraine, the President of Ukraine submits a candidate for the above office to the Verkhovna Rada of Ukraine as provided for in paragraph 2 of this Article.

Article 9.
Appointment of Members of the Cabinet of Ministers of Ukraine

1. Members of the Cabinet of Ministers of Ukraine, except for the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine, are appointed to the office by the Verkhovna Rada of Ukraine upon submission by the Prime Minister of Ukraine made on the proposal of the coalition of deputies’ factions in the Verkhovna Rada of Ukraine. The Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine are appointed to the office by the Verkhovna Rada of Ukraine upon submission by the President of Ukraine.

2. Submissions for the offices of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine as well as for other members of the Cabinet of Ministers of Ukraine are made, respectively, by the President of Ukraine and the Prime Minister of Ukraine not later than on the fifteenth day after the appointment of the Prime Minister of Ukraine.

3. When a Cabinet of Ministers of Ukraine is being formed, the submission by the Prime Minister of Ukraine for offices of members of Cabinet of Ministers of Ukraine is made in a single list.

4. One candidacy is proposed for each office. The Verkhovna Rada of Ukraine considers the submissions by the President of Ukraine and the Prime Minister of Ukraine and appoints members of the Cabinet of Ministers of Ukraine to the offices.

5. If the Verkhovna Rada of Ukraine votes down a candidate for the office of a member of the Cabinet of Ministers of Ukraine, a new candidate for this office is submitted within 7 days.

6. Appointment to a vacant office in the Cabinet of Ministers of Ukraine (except for the office of the Prime Minister of Ukraine) is carried out in accordance with the rules set down in paragraphs 1, 2, 4, and 5 of this Article.

Article 10.
Assumption of Powers by the Cabinet of Ministers of Ukraine
and its Members Appointed to Vacant Offices

1. Before assuming their office, the members of the Cabinet of Ministers of Ukraine take the following Oath at a plenary session of the Verkhovna Rada of Ukraine:

“Conscious of the high responsibility of a member of the Cabinet of Ministers of Ukraine, I solemnly swear allegiance to the Ukrainian people. I undertake to respect the Constitution and laws of Ukraine, to strengthen sovereignty and independence of Ukraine, to uphold human and citizens’ rights and freedoms, to promote welfare of the Ukrainian people and steady democratic development of the society.”

2. The Oath is read aloud by the Prime Minister of Ukraine, its text is signed by every member of the Cabinet of Ministers of Ukraine.

3. The signed text of the Oath is kept in the personal file of a member of the Cabinet of Ministers of Ukraine.

4. A member of the Cabinet of Ministers of Ukraine who refuses to take the Oath is dismissed by the Verkhovna Rada of Ukraine as provided for in paragraph 2 of Article 19 of this Law.

5. The Cabinet of Ministers of Ukraine assumes its powers at the moment when at least two thirds of its composition has taken the Oath.

6. Resolution of the Verkhovna Rada of Ukraine on the assumption of powers by the members of a newly formed Cabinet of Ministers of Ukraine, on the termination of powers of a the Cabinet of Ministers of Ukraine that has abdicated its powers to a newly elected Verkhovna Rada of Ukraine or whose resignation has been accepted by the Verkhovna Rada of Ukraine, is passed by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.

7. Members of the Cabinet of Ministers of Ukraine appointed to vacant offices assume their powers at the moment when they take the Oath under paragraph 1 of this Article and sign the text thereof.

Article 11.
Programme of Activity of the Cabinet of Ministers of Ukraine

1. Within 30 days after assuming powers, the Cabinet of Ministers of Ukraine presents for consideration of the Verkhovna Rada of Ukraine its Programme of Activity for the term of its office, defining the strategy of activity of the Cabinet of Ministers of Ukraine.

2. Before consideration by a plenary session of the Verkhovna Rada of Ukraine, the Programme of Activity of the Cabinet of Ministers of Ukraine is debated in committees and deputies’ factions of the Verkhovna Rada of Ukraine.

3. The Prime Minister of Ukraine personally presents the Programme of Activity of the Cabinet of Ministers of Ukraine at the plenary meeting of the Verkhovna Rada of Ukraine and replies to questions of People’s Deputies of Ukraine.

4. The Verkhovna Rada of Ukraine may allow the Cabinet of Ministers of Ukraine to revise its Programme of Activity, taking into account the proposals and comments made in the course of deliberation in committees, deputies’ factions and at the plenary meeting of the Verkhovna Rada of Ukraine.

5. The Programme of Activity of the Cabinet of Ministers of Ukraine is deemed approved if it gathers a majority vote of the constitutional composition of the Verkhovna Rada of Ukraine.

TERMINATION OF powerS
OF THE CABINET OF MINISTERS OF UKRAINE

Article 12.
Abdication of Powers by the Cabinet of Ministers of Ukraine
in view of Election of a New Composition of the Verkhovna Rada of Ukraine

1. The Cabinet of Ministers of Ukraine abdicates its powers before a newly elected Verkhovna Rada of Ukraine.

2. The declaration on the abdication of powers by the Cabinet of Ministers of Ukraine is read out by the Prime Minister of Ukraine or a person acting for him. The declaration is considered at a meeting of the newly elected Verkhovna Rada of Ukraine after the election of the Chairman of the Verkhovna Rada of Ukraine.

3. Following consideration of the declaration by the Prime Minister of Ukraine, the Verkhovna Rada of Ukraine passes a resolution on the abdication of powers by the Cabinet of Ministers of Ukraine before the newly elected Verkhovna Rada of Ukraine.

Article 13.
Early Termination of Powers of the Cabinet of Ministers of Ukraine

The powers of the Cabinet of Ministers of Ukraine are terminated early in the case of:

1) resignation of the Cabinet of Ministers of Ukraine as a result of a no-confidence resolution passed by the Verkhovna Rada of Ukraine in regard of the Cabinet of Ministers of Ukraine;

2) resignation of the Prime Minister of Ukraine according to his/her announcement;

3) termination of powers of the Prime Minister of Ukraine because of his/her inability to exercise his/her powers for health reasons;

4) decease of the Prime Minister of Ukraine.

Article 14.
Resignation of the Cabinet of Ministers of Ukraine
in view of a No-confidence Resolution of the Verkhovna Rada of Ukraine

1. The Verkhovna Rada of Ukraine, upon a motion of the President of Ukraine or not less than one third of its constitutional composition, may consider the issue of responsibility of the Cabinet of Ministers of Ukraine and pass a resolution of no confidence in regard of the Cabinet of Ministers of Ukraine.

2. The issue of responsibility of the Cabinet of Ministers of Ukraine is considered at a plenary meeting of the Verkhovna Rada of Ukraine within ten days after the date of submission of such motion and with the whole Cabinet of Ministers of Ukraine invited to attend. Where the issue of responsibility of the Cabinet of Ministers of Ukraine is considered upon a motion of the President of Ukraine, the Verkhovna Rada of Ukraine notifies the President of Ukraine of the time of such consideration.

3. A resolution of no confidence in the Cabinet of Ministers of Ukraine is regarded adopted if it is supported by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.

4. The adoption by the Verkhovna Rada of Ukraine of the resolution of no confidence in the Cabinet of Ministers of Ukraine results in resignation of the Cabinet of Ministers of Ukraine.

5. The Verkhovna Rada of Ukraine may not consider the issue of responsibility of the Cabinet of Ministers of Ukraine more than once during one regular session, or within one year after approval of the Programme of Activity of the Cabinet of Ministers of Ukraine, or during the last session of the Verkhovna Rada of Ukraine.

Article 15.
Termination of Powers of the Cabinet of Ministers of Ukraine
in case of Resignation of the Prime Minister of Ukraine

1. The Prime Minister of Ukraine may offer his/her resignation to the Verkhovna Rada of Ukraine.

2. Within ten days of receipt of letter of resignation, the Verkhovna Rada of Ukraine makes a decision on the resignation of the Prime Minister of Ukraine.

3. Resignation of the Prime Minister of Ukraine comes into effect on the date when a decision on his/her resignation is taken at a plenary meeting of the Verkhovna Rada of Ukraine.

4. A decision to accept the resignation of the Prime Minister of Ukraine, taken by the Verkhovna Rada of Ukraine, results in an early termination of powers of the full composition of the Cabinet of Ministers of Ukraine.

Article 16.
Termination of Powers of the Cabinet of Ministers of Ukraine in case of Inability
of the Prime Minister of Ukraine to Exercise His/Her Powers for Health Reasons

1. A decision to terminate power of the Prime Minister of Ukraine in view of his inability to exercise his/her powers for health reasons is taken by the Verkhovna Rada of Ukraine on the grounds of a relevant medical report.

2. Medical report as to the inability of the Prime Minister of Ukraine to exercise his/her powers for reasons of health is provided by a medical commission established by the specially authorised central body of the executive power for health issues.

3. Termination of powers of the Prime Minister of Ukraine because of his inability to exercise powers for reasons of health results in an early termination of powers of the full composition of the Cabinet of Ministers of Ukraine.

Article 17.
Termination of Powers of the Cabinet of Ministers of Ukraine in case of Decease
of the Prime Minister of Ukraine

1. The powers of the Prime Minister of Ukraine in case of his/her decease are terminated on the date of his death, as stated in the death certificate.

2. Termination of powers of the Prime Minister of Ukraine in case of his/her decease results in an early termination of powers of the full composition of the Cabinet of Ministers of Ukraine.

Article 18.
Continuation of Exercising Powers by the Cabinet of Ministers of Ukraine
and Individual Members of the Cabinet of Ministers of Ukraine

1. Upon abdication of its powers before a newly elected Verkhovna Rada of Ukraine or early termination of its powers on any grounds provided for in Article 13 of this Law, the Cabinet of Ministers of Ukraine continues to exercise its powers until a new Cabinet of Ministers of Ukraine commence its work.

2. A resolution of the Verkhovna Rada of Ukraine on the continuation of exercising of powers by the Cabinet of Ministers of Ukraine until a new Cabinet of Ministers of Ukraine commence its work is adopted by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.

3. In the event of resignation of the Prime Minister of Ukraine or his/her inability to exercise powers because of health or his/her decease, the powers of the Prime Minister of Ukraine are assumed, until formation of a new composition of the Cabinet of Ministers of Ukraine, by the First Vice Prime Minister of Ukraine.

4. If a member of the Cabinet of Ministers of Ukraine is elected a People’s Deputy of Ukraine, he/she assumes the powers of a People’s Deputy according to law without presenting a document on his/her dismissal and continues, until a new composition of the Cabinet of Ministers of Ukraine is formed, to exercise powers of a member of the Cabinet of Ministers of Ukraine in the same office to which he was appointed and with the same scope of authority.

Article 19.
Termination of Powers of Members of the Cabinet of Ministers of Ukraine

1. The powers of a member of the Cabinet of Ministers of Ukraine are terminated in case of termination of powers of the Cabinet of Ministers of Ukraine.

2. The powers of a member of the Cabinet of Ministers of Ukraine are also terminated:

a) by way of dismissal from office upon a submission of the Prime Minister of Ukraine and in case of the Minister of Defence of Ukraine or Minister of Foreign Affairs of Ukraine – upon a submission of the President of Ukraine;

b) upon resignation of the member of the Cabinet of Ministers of Ukraine or in view of his/her inability to exercise powers for health reasons, subject to a medical report provided by a medical commission established by the specially authorised central body of the executive power for health issues.

3. In the event of decease of a member of the Cabinet of Ministers of Ukraine his/her powers are terminated on the date of death, as stated in the death certificate.

4. The Verkhovna Rada of Ukraine takes a decision to terminate powers of a member of the Cabinet of Ministers of Ukraine in the form of resolution.

COMPETENCE OF THE CABINET OF MINISTERS OF UKRAINE

Article 20.
General Issues of Competence of the Cabinet of Ministers of Ukraine

1. The activity of the Cabinet of Ministers of Ukraine is directed at safeguarding the interests of the Ukrainian people by way of enforcement of the Constitution and laws of Ukraine, resolutions of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and implementation of the Programme of Activity of the Cabinet of Ministers of Ukraine, as approved by the Verkhovna Rada of Ukraine, resolution of issues pertaining to public policy in the area of economy and finances, social policy, labour and employment, health protection, education, science, culture, sports, tourism, nature conservation and use, environmental safety, civil defence, legal policy, legality, enforcement of human and citizens’ rights and freedoms, and accomplishment of other objectives of home and foreign policy, national security and defence capacity.

2. The Cabinet of Ministers of Ukraine exercises a continuous control over compliance of bodies of the executive power with the Constitution and other legislative acts of Ukraine and takes measures for elimination of deficiencies in the activities of these bodies.

Article 21.
Powers of the Cabinet of Ministers of Ukraine

1. The Cabinet of Ministers of Ukraine:

1) In the area of economy and finances –

a) ensures carrying out of the state economic policy, performs forecasts and state regulation of national economy;

b) elaborates and implements nationwide programmes of economic and social development;

c) manages, according to law, objects of state property, delegates in accordance with the legally established procedure power to manage individual such objects to ministries, other central bodies of the executive power, local state administrations and relevant economic entities; elaborates and supports the preparation and implementation of state privatisation programmes; submits to the Verkhovna Rada of Ukraine proposals on the list of state property objects which are not subject to privatisation;

d) promotes development of entrepreneurship on the basis of equality of all forms of ownership before the law and social orientation of national economy, takes measures aimed at de-monopolisation and antitrust regulation of economy, promotion of competition and development of market infrastructure;

e) ensures elaboration and implementation of programmes aimed at structural transformation of national economy sectors and innovation-driven growth, takes measures related to restructuring and sanation of enterprises and organisations, elaborates and carries out industrial policy of the state, identifies priority industries with a view to their accelerated development;

f) provides protection and support to domestic producers;

g) defines the volumes of production (work, services) for state needs, the procedure of making and placing government orders for such, resolves in accordance with law other issues related to meetings the needs of the state for products (works, services); establishes in accordance with the law state reserves of financial and material resources and takes decisions on their utilisation;

h) ensures the carrying out of state agrarian policy and security of food supplies;

i) ensures the carrying out of the state financial and tax policy and promotes stability of the Ukrainian national currency;

j) drafts the Law on State Budget of Ukraine and on amendments thereto, ensures execution of the State Budget of Ukraine as approved by the Verkhovna Rada of Ukraine, and submits to the Verkhovna Rada of Ukraine the budget execution report;

k) takes decisions on the use of Reserve Fund of the State Budget of Ukraine;

l) services the public debt of Ukraine, takes decisions on issuance of domestic and foreign loans, and government cash and prize lotteries;

m) organises national insurance;

n) makes provisions for pursuing state pricing policy and for state regulation of pricing;

o) ensures the carrying out of foreign economic policy of Ukraine, and regulates foreign economic activities within the confines set by law;

p) organises operation of customs;

q) organises making up of the balance of payments and consolidated currency plan of Ukraine and ensures rational utilisation of the state currency funds;

r) acts as the guarantor of loans provided – within the limits established by law on the State Budget of Ukraine – by foreign governments, banks, international financial organisations or, in other cases, under international treaties of Ukraine made obligatory through consent of the Verkhovna Rada of Ukraine;

2) In the areas of social policy, health protection, education, science, culture, sports, tourism, environmental protection and negative results of emergencies:

a) ensures the carrying out of state social policy, takes measures with a view to raising real incomes of the population and safeguards social protection of citizens;

b) ensures preparation of draft state social standards and social guarantees;

c) elaborates and implements social welfare programmes, takes measures in order to improve the material and technical basis of social care institutions for the handicapped, pensioners and other disabled and low-income segments of the population;

d) ensures the carrying out of state employment policy, elaborates and implements relevant state programmes, deals with the issues of career guidance, training and retraining of personnel, and regulates migration processes;

e) ensures the carrying out of state policy in the area of health protection, sanitary and epidemiological well-being, protection of maternity and children, education, physical training, and ensures accessibility of medical, educational and sports and health-improving establishments to citizens;

f) ensures the carrying out of state policy in the area of culture, ethnical development of Ukraine and inter-ethnic relations, protection of historic and cultural heritage, comprehensive development and functioning of the official language in all spheres of social life in the entire Ukraine; creates conditions for free development of languages of indigenous peoples and national minorities of Ukraine, takes care of meeting the national culture needs of Ukrainians living abroad;

g) designs and takes measures to create material and technical base and other conditions necessary for the development of health protection, education, culture and sports, tourist and recreational facilities;

h) implements state policy in the area of informatization, promotes formation of a single information space in the territory of Ukraine;

i) elaborates and ensures implementation of science and technology policy, development and building up of science and technology capacity of Ukraine, elaborates and implements nationwide scientific and technical programmes;

j) takes measures to improve state regulation in the area of science and technology, and to promote innovation activities of enterprises, institutions and organisations;

k) defines the procedure of raising and utilising funds for scientific and technical activities;

l) ensures the carrying out of state policy in the area of environmental protection, ecological safety and nature management;

m) ensures elaboration and implementation of national and international environmental programmes;

n) carries out, within its powers, public policy in the area of soil protection and rational use of soil, depths, water resources, plant and animal worlds, and other natural resources;

o) makes decisions to limit, suspend or terminate operation of enterprises, institutions or organisations of any form of ownership in case of violation of legislation on the environmental protection;

p) co-ordinates activities of bodies of the executive power, bodies of local self-government, enterprises, institutions and organisations in the issues of environmental execution of nationwide, regional and international ecological programmes;

q) ensures implementation of measures provided for by state programmes to overcome consequences of the Chornobyl catastrophe, takes decisions to overcome consequences of other accidents, fires, disasters, and calamities.

3) In the area of legal policy, legality, and safeguarding human and citizens’ rights and freedoms:

a) ensures the carrying out of state legal policy;

b) exercises control over observation of law by bodies of the executive power, their officials, and also, in the matters of exercise of delegated executive powers, bodies of local self-government;

c) takes measures to protect the rights and freedoms, dignity, life and health of person and citizen against unlawful intrusion, to protect property and public order, fire security, and to combat crime;

d) takes measures to enforce court decisions by bodies of the executive power and their heads;

e) promotes free development and functioning of the system of legal services and legal aid to the population;

4) In the area of foreign policy:

a) ensures, within its powers, foreign policy activity of Ukraine;

b) makes provisions, in accordance with the law on international treaties, for the resolution of issues related to conclusion and execution of international treaties of Ukraine;

c) makes decisions on purchase (construction, renovation) of properties abroad for use by foreign diplomatic missions of Ukraine;

5) In the area of national security and defence capacity:

a) secures protection and defence of the national frontier and territory of Ukraine;

b) takes measures to strengthen national security of Ukraine;

c) takes measures to ensure military efficiency of the Armed Forces of Ukraine, identifies; within budget defence appropriations, defines the number of Ukrainian citizens subject to conscription and training;

d) takes measures to secure the defence capacity of Ukraine, and to equip the Armed Forces of Ukraine and other military formations set up according to law with all necessary for the execution of their missions;

e) resolves the issues of social and legal protection of the military servicemen, persons discharged from military service and their families;

f) runs the unified system of civil protection of Ukraine, manages mobilization preparedness of the national economy and its transition to operation in the state of emergency or martial law;

g) deals with the matters of ensuring the participation of Ukrainian servicemen in peace-keeping missions, in accordance with the procedure set down in law;

h) identifies development priorities for the defence industry;

6) In the area of public policy and civil service:

a) organises execution of a uniform public policy in the area of civil service;

b) takes measures to provide staff for bodies of the executive power;

c) elaborates and takes measures aimed at improving the system of bodies of the executive power with a view to their higher efficiency and rationalisation of management costs;

d) establishes, reorganises and liquidates ministries and other central bodies of the executive power in accordance with the law and within the funds appropriated in the State Budget of Ukraine to support executive authorities, approves regulations of such bodies;

e) appoints the representative of the Cabinet of Ministers of Ukraine in the Verkhovna Rada of Ukraine;

f) appoints its permanent representative at the Constitutional Court of Ukraine;

g) applies disciplinary sanctions to heads of bodies of the executive power and their deputies who are public servants;

h) defines terms of staff remuneration for public institutions and public sector enterprises, and also money allowances for the military personnel (officers and ranks).

2. The Cabinet of Ministers of Ukraine exercises also other powers defined in the Constitution and laws of Ukraine.

Article 22.
Delegation of Powers by the Cabinet of Ministers of Ukraine

1. In case of such a need, the Cabinet of Ministers of Ukraine may delegate some of its powers to central or local bodies of the executive power, where it is not prohibited by law, while providing them with appropriate financial and material resources.

2. The Cabinet of Ministers of Ukraine controls the exercise of the powers delegated by it and is liable for the effects of such exercise.

POWERS OF THE CABINET OF MINISTERS OF UKRAINE
IN RELATIONS WITH bodies of the EXECUTIVE power

Article 23.
Powers of the Cabinet of Ministers of Ukraine
in Relations with Ministries and Other Central Bodies of the Executive Power

1. The Cabinet of Ministers of Ukraine guides and co-ordinates the activity of ministries and other central bodies of the executive power which ensure the execution of state policy in the relevant spheres of social and public life, the implementation of the Constitution and laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine in said spheres, and observance of human and citizens’ rights and freedoms.

2. The ministries and other central bodies of the executive power are accountable to and under control of the Cabinet of Ministers of Ukraine.

3. The ministries are represented in the Cabinet of Ministers of Ukraine by the corresponding ministers.

4. Other central bodies of the executive power are represented by those members of the Cabinet of Ministers of Ukraine who guide and co-ordinate the activity of these bodies.

5. The Cabinet of Ministers of Ukraine approves the maximum number of staff of ministries and other central bodies of the executive power within the funds appropriated in the State Budget of Ukraine for support of executive authorities.

6. The Cabinet of Ministers of Ukraine appoints and dismisses:

1) heads of central bodies of the executive power who are not included in the composition of the Cabinet of Ministers of Ukraine – upon submission of the Prime Minister of Ukraine;

2) deputy ministers – upon submission of ministers;

3) first deputies and deputies to heads of other central bodies of the executive power – upon submission of their heads;

4) state secretaries of ministries and their deputies – in accordance with the legislation on civil service.

7. Offices of deputy ministers belong to positions of political public service that is not covered by the legislation on civil service.

8. Offices of state secretaries and their deputies are positions of civil service regulated by the legislation on civil service.

9. Laws of Ukraine may specify the relations of the Cabinet of Ministers of Ukraine with other central bodies of the executive power.

Article 24.
Powers of the Cabinet of Ministers of Ukraine in Relations
with the Council of Ministers of the Autonomous Republic of Crimea
and its Subordinated Bodies

1. The Cabinet of Ministers of Ukraine guides and co-ordinates the activity of the Council of Ministers of the Autonomous Republic of Crimea where it concerns the execution of the Constitution and laws of Ukraine, acts of the President of Ukraine, resolutions of the Verkhovna Rada of Ukraine and acts of the Cabinet of Ministers of Ukraine in the territory of the Autonomous Republic of Crimea. The Cabinet of Ministers of Ukraine has the right to receive from the Council of Ministers of the Autonomous Republic of Crimea information related to its activity.

2. The Council of Ministers of the Autonomous Republic of Crimea is accountable to and under control of the Cabinet of Ministers of Ukraine to the extent that it exercises state functions and powers.

3. The Cabinet of Ministers of Ukraine hears the reports of the Head of the Council of Ministers of the Autonomous Republic of Crimea concerning the exercise of state functions and powers by the Council of Ministers of Autonomous Republic of Crimea.

4. The Cabinet of Ministers of Ukraine defines the procedure of engagement of the Council of Ministers of the Autonomous Republic of Crimea and its subordinate bodies in the implementation of nationwide programmes and other actions of nationwide significance.

5. The Cabinet of Ministers of Ukraine ensures interaction of the Council of Ministers of the Autonomous Republic of Crimea with ministries and other central bodies of the executive power of Ukraine, organises the approval of nominees for membership in the Council of Ministers of the Autonomous Republic of Crimea and heads of other subordinate to it bodies by the heads of central bodies of the executive power.

6. In the event that the Head of the Council of Ministers of the Autonomous Republic of Crimea unduly exercises powers vested in him/her, the Cabinet of Ministers of Ukraine may address the President of Ukraine or the Verkhovna Rada of the Autonomous Republic of Crimea with submission seeking his/her dismissal from office.

7. If the Council of Ministers of the Autonomous Republic of Crimea adopts a decision which contravenes the Constitution, laws of Ukraine or other acts of legislation, the Cabinet of Ministers of Ukraine addresses the President of Ukraine with a representation seeking abrogation of such decision.

8. The Cabinet of Ministers of Ukraine may abrogate acts of bodies subordinate to the Council of Ministers of the Autonomous Republic of Crimea.

Article 25.
Powers of the Cabinet of Ministers of Ukraine
in Relations with Local State Administrations

1. The Cabinet of Ministers of Ukraine guides and co-ordinates activity of local state administrations where it concerns the execution of the Constitution and laws of Ukraine, acts of the President of Ukraine, resolutions of the Verkhovna Rada of Ukraine and acts of the Cabinet of Ministers of Ukraine and higher bodies of the executive power and the exercise of other powers vested in these state administrations in the corresponding territories.

2. At its meetings, the Cabinet of Ministers of Ukraine considers the issues of appointment or dismissal of heads of local state administrations and submits relevant representations to the President of Ukraine.

3. The local state administrations and their heads, while exercising their powers, are accountable to and under control of the Cabinet of Ministers of Ukraine.

4. The Cabinet of Ministers of Ukraine receives information on activity of local state administrations, regularly hears activity reports of the heads of state administrations. In case when the head of a local state administration unduly exercises powers vested in him/her the Cabinet of Ministers of Ukraine has the right to bring him/her to disciplinary liability or address the President of Ukraine with a representation seeking dismissal.

5. The Cabinet of Ministers of Ukraine approves model regulations of local state administrations, a recommendatory list of departments, divisions and other units within local state administrations and model provisions on them, defines the maximum number of staff and size of payroll of local state administrations, and cost of their support.

6. Draft legislative acts dealing with the development of administrative and territorial units are forwarded for consultation to corresponding local state administrations. Before the Cabinet of Ministers of Ukraine adopts any such act it examines comments and proposals submitted by local state administrations.

7. The Cabinet of Ministers of Ukraine considers proposals of oblast, Kyiv and Sevastopol city state administrations on the issues which require a decision of the Cabinet of Ministers of Ukraine. When such proposals are considered, heads of oblast, Kyiv and Sevastopol city state administrations are entitled to attend meetings of the Cabinet of Ministers of Ukraine with the right of deliberative vote.

8. District and city district state administrations in the cities of Kyiv and Sevastopol submit proposals on the issues which require a decision of the Cabinet of Ministers of Ukraine, respectively, to the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations for their subsequent referral to the Cabinet of Ministers of Ukraine, ministries and other central bodies of the executive power.

9. The Cabinet of Ministers of Ukraine may abrogate acts of heads of local state administrations.

Article 26.
Powers of the Cabinet of Ministers of Ukraine
in Relations with State Economic Associations, State Enterprises, Institutions
and Organisations

1. The Cabinet of Ministers of Ukraine, within the limits of funds appropriated in the State Budget of Ukraine, may establish, reorganise and liquidate according to law state economic associations, state enterprises, institutions and organisations, in particular to perform certain functions of managing public property objects. The Cabinet of Ministers of Ukraine approves regulations and bylaws of such state economic associations, enterprises, institutions and
organisations, the maximum number of staff and the amount of appropriations to support state institutions and to organisations, appoints, dismisses and applies disciplinary sanctions to their heads and deputy heads.

2. The Cabinet of Ministers of Ukraine, within the limits set by the legislation, co-ordinates and supervises the activities of such state economic associations, enterprises, institutions and organisations.

3. The heads of state economic associations, enterprises, institutions and organisations established by the Cabinet of Ministers of Ukraine are personally liable before the Cabinet of Ministers of Ukraine for the performance of the associations, enterprises, institutions and organisations which they head, and for the effective utilisation of public property.

POWERS OF THE CABINET OF MINISTERS OF UKRAINE IN RELATIONS WITH THE PRESIDENT OF UKRAINE

Article 27.
Relations of the Cabinet of Ministers of Ukraine with the President of Ukraine

1. The Cabinet of Ministers of Ukraine guides and co-ordinates activity of bodies of the executive power with a view to ensure the exercise by the President of Ukraine of his/her powers concerning the execution of the Constitution and laws of Ukraine, observance of human and citizens’ rights and freedoms, leadership in the state foreign policy, safeguarding of the national sovereignty, economic independence, national security and defence capacity, and other issues defined by the Constitution of Ukraine.

2. Acts of the President of Ukraine issued within his/her competence defined in subparagraphs 5, 18, 21, 23 of paragraph 1 of Article 106 of the Constitution of Ukraine are endorsed by the signatures of the Prime Minister of Ukraine and the minister responsible for the act and its implementation, and published with an indication of the official who has countersigned such act.

3. The President of Ukraine may take part in the meetings of the Cabinet of Ministers of Ukraine.

Article 28.
Submission by the Cabinet of Ministers of Ukraine of Proposals on Issues
Related to the Powers of the President

1. The Cabinet of Ministers of Ukraine, acting upon its own initiative or in furtherance of decrees of the President of Ukraine, submits proposals and prepares drafts of corresponding laws and acts of the President of Ukraine on the issues which belong to the competence of the President of Ukraine.

2. The Cabinet of Ministers of Ukraine may address the President of Ukraine with a request to determine a draft law as an urgent one.

Article 29.
Relations of the Cabinet of Ministers of Ukraine with the Council
for National Security and Defence of Ukraine, and also Advisory, Consultative
and Other Subsidiary Bodies and Services Established by the President of Ukraine

1. The Cabinet of Ministers of Ukraine interacts with the Council for National Security and Defence of Ukraine, advisory, consultative and other subsidiary bodies and services which are established by the President of Ukraine.

2. Officials of advisory, consultative and other subsidiary bodies and services established by the President of Ukraine shall not give instructions to the Cabinet of Ministers of Ukraine, members of the Cabinet of Ministers of Ukraine or interfere with their activities.

3. The relations of the Cabinet of Ministers of Ukraine with Council for National Security and Defence of Ukraine, advisory, consultative and other subsidiary bodies and services established by the President of Ukraine follow the procedure defined by this and other laws of Ukraine, and also decrees of the President of Ukraine.

4. Members of the Cabinet of Ministers of Ukraine, heads of other bodies of the executive power may be included in the composition of advisory, consultative and other subsidiary bodies and services established by the President of Ukraine.

POWERS OF THE CABINET OF MINISTERS OF UKRAINE IN RELATIONS WITH THE VERKHOVNA RADA OF UKRAINE AND ITS BODIES

Article 30.
Exercise of the Right of Legislative Initiate by the Cabinet of Ministers of Ukraine

1. According to the Constitution of Ukraine, the Cabinet of Ministers of Ukraine has the right of legislative initiate in the Verkhovna Rada of Ukraine.

2. The Cabinet of Ministers of Ukraine submits draft laws to the Verkhovna Rada of Ukraine according to the Rules of Procedure of the Verkhovna Rada of Ukraine.

3. The Prime Minister of Ukraine designates a member of the Cabinet of Ministers of Ukraine who presents to the Verkhovna Rada of Ukraine a draft law submitted by the Cabinet of Ministers of Ukraine. As an exception, such a draft law may be presented to the Verkhovna Rada of Ukraine by a deputy minister or head of a central body of the executive power who is not included in the composition of the Cabinet of Ministers of Ukraine.

4. The Cabinet of Ministers of Ukraine may withdraw, in accordance with the Rules of Procedure of the Verkhovna Rada of Ukraine, a draft law submitted by it to the Verkhovna Rada of Ukraine.

5. A newly formed Cabinet of Ministers of Ukraine may withdraw any draft law submitted to the Verkhovna Rada of Ukraine by the Cabinet of Ministers of Ukraine whose powers are terminated, provided such a draft law has not been adopted in the first reading.

Article 31.
Powers of the Cabinet of Ministers of Ukraine in the course
of Consideration of Issues by the Verkhovna Rada of Ukraine

1. The Cabinet of Ministers of Ukraine, acting in furtherance of a decision of the Verkhovna Rada of Ukraine or upon its own initiative, advises the Verkhovna Rada of Ukraine on the adequacy of economic justification and financial provision of legislative proposals and draft laws where their implementation requires material and other costs at the expense of state or local budgets.

2. The Cabinet of Ministers of Ukraine provides expert review of draft laws submitted to the Verkhovna Rada of Ukraine by other subjects of the right of legislative initiative referred to it by the Verkhovna Rada of Ukraine. A negative conclusion of the Cabinet of Ministers of Ukraine made in regard of such draft law results in its non-inclusion in the agenda of a plenary meeting of the Verkhovna Rada of Ukraine.

3. The Prime Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine and deputy ministers have the right to be present at meetings of the Verkhovna Rada of Ukraine and speak on the issues discussed.

4. In the event that People’s Deputies of Ukraine raise, during a meeting of the Verkhovna Rada of Ukraine, questions which concern activities of the Cabinet of Ministers of Ukraine or certain central bodies of the executive power, the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine have the right of reply and enjoy other rights stipulated by the Rules of Procedure of the Verkhovna Rada of Ukraine.

5. Members of the Cabinet of Ministers of Ukraine, or, on their instructions, officials of ministries, other central bodies of the executive power, and officials of the Secretariat of the Cabinet of Ministers of Ukraine have the right to take part in sittings of committees and temporary commissions of the Verkhovna Rada of Ukraine on issues which concern the powers of the Cabinet of Ministers of Ukraine.

Article 32.
Powers of the Cabinet of Ministers of Ukraine
concerning Preparation and Execution of the State Budget of Ukraine

1. The Cabinet of Ministers of Ukraine, not later than 1 March of the year preceding the budgetary period, approves a Declaration of purposes and tasks of the budget for the following budget period (‘Budgetary Declaration’), which is used for preparation of draft law on the State Budget of Ukraine for the corresponding year.

2. The Cabinet of Ministers of Ukraine defines the list of principal administrators of state budget funds according to the Budgetary Code of Ukraine, on the basis of which a draft law on the State Budget of Ukraine for the corresponding year is prepared.

3. The Cabinet of Ministers of Ukraine, according to the Budgetary Code of Ukraine, prepares and not later than 15 September of each year submits to the Verkhovna Rada of Ukraine a draft law on the State Budget of Ukraine for the following year. The procedure of consideration in the Verkhovna Rada of Ukraine of the draft law on the State Budget of Ukraine, prepared by the Cabinet of Ministers of Ukraine, and its adoption are defined by the Budgetary Code of Ukraine.

4. The Cabinet of Ministers of Ukraine, not later than 1 May of the year following the year of account, submits a report to the Verkhovna Rada of Ukraine on the execution of Law on the State Budget of Ukraine, the publication and consideration of which is governed by the Budgetary Code of Ukraine.

Article 33.
Powers of the Cabinet of Ministers of Ukraine concerning Elaboration
and Implementation of Nationwide Programmes

1. The Cabinet of Ministers of Ukraine prepares and submits to the Verkhovna Rada of Ukraine draft nationwide programmes on economic, scientific and technological, social and national-cultural development of Ukraine, environmental protection and on other questions.

2. The Cabinet of Ministers of Ukraine submits to the Verkhovna Rada of Ukraine progress reports on the implementation of nationwide programmes at the same as it reports to the Verkhovna Rada of Ukraine on the execution of State budget of the previous year.

Article 34.
Relations of the Cabinet of Ministers of Ukraine
with the Chamber of Accounting of Ukraine

1. The Cabinet of Ministers of Ukraine, upon request of the Chamber of Accounting of Ukraine, provides it with such statistical, financial, accounting and other data and documents as is necessary for the performance of its tasks, functions and powers established by the Constitution and laws of Ukraine.

2. The Cabinet of Ministers of Ukraine receives from the Chamber Accounting of Ukraine results of its checks, audits and inspections, and also proposals to bring the persons guilty of infringement of legal requirements, improper or inefficient use of funds, infliction of material harm to the state to liability envisaged by law, considers such information and proposals and takes, within its competence, appropriate measures, informing of such the Chamber of Accounting of Ukraine.

Article 35.
Relations of the Cabinet of Ministers of Ukraine
with the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine

1. Subject to limits established by law, the Cabinet of Ministers of Ukraine provides the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine with access to acts and other documents of the Cabinet of Ministers of Ukraine and its subordinated bodies, enterprises, institutions and organisations, and assists the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine in the exercise of his/her powers under law.

2. If grounds for this are present in an appeal of the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine takes, within its competence, measures to eliminate violations of human rights and informs of measures the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine.

Article 36.
Consideration of Appeals and Inquiries
of People’s Deputies of Ukraine

1. The Cabinet of Ministers of Ukraine or members of the Cabinet of Ministers of Ukraine to whom an appeal or inquiry of a People’s Deputy of Ukraine is addressed, are obliged to give a reply in accordance with a legally established procedure.

2. A reply to an appeal or inquiry sent by a People’s Deputy of Ukraine to the Cabinet of Ministers of Ukraine is signed by the Prime Minister of Ukraine. A reply to an appeal or inquiry sent by a People’s Deputy of Ukraine to a member of the Cabinet of Ministers of Ukraine is signed by the member of the Cabinet of Ministers of Ukraine to whom such inquiry is addressed.

3. In the event that a reply to a deputy’s inquiry is discussed at a plenary meeting of the Verkhovna Rada of Ukraine, members of the Cabinet of Ministers of Ukraine to whom the inquiry has been sent are invited to attend such meeting.

4. The Prime Minister of Ukraine, other members of the Cabinet of Ministers of Ukraine shall receive People’s Deputies of Ukraine on issues of their parliamentary activity without delay, in accordance with a procedure established by law.

Article 37.
Consideration of Appeals Sent by Committees and Temporary Commissions
of the Verkhovna Rada of Ukraine

1. The Cabinet of Ministers of Ukraine organises consideration of appeals of committees and temporary commissions of the Verkhovna Rada of Ukraine concerning its activity.

2. A reply to an appeal of a committee or temporary commission of the Verkhovna Rada of Ukraine is signed by the Prime Minister or a member of the Cabinet of Ministers of Ukraine to whom an appeal was addressed.

Article 38.
Informing of the Verkhovna Rada of Ukraine
on Activity of the Cabinet of Ministers of Ukraine

1. Every week, when the Verkhovna Rada of Ukraine holds plenary meetings, time is allocated for questions to members of the Cabinet of Ministers of Ukraine (“Government Question Hour”). The day, duration and rules of the “Government Question Hour” are determined by the Rules of Procedure of the Verkhovna Rada of Ukraine.

2. A “Government Question Hour” in the Verkhovna Rada of Ukraine is attended by the entire Cabinet of Ministers of Ukraine.

3. During a “Government Question Hour”, members of the Cabinet of Ministers of Ukraine reply to questions of People’s Deputies of Ukraine and deputies’ factions. People’s Deputies of Ukraine may inform members of the Cabinet of Ministers of Ukraine of their questions, in writing and in advance.

4. Questions during a “Government Question Hour” may not fall outside the limits of competence of the Cabinet of Ministers of Ukraine and central bodies of the executive power.

5. A member of the Cabinet of Ministers of Ukraine replies to questions within his/her competence. If needed, his/her answers may be supplemented by other members of the Cabinet of Ministers of Ukraine.

6. A “Government Question Hour” is broadcasted live by the first national TV and radio channels.

RELATIONS OF THE CABINET OF MINISTERS OF UKRAINE WITH OTHER STATE AUTHORITIES, BODIES OF LOCAL SELF-GOVERNMENT AND ASSOCIATIONS OF CITIZENS

Article 39.
Relations of the Cabinet of Ministers of Ukraine
with the Constitutional Court of Ukraine

The Cabinet of Ministers of Ukraine addresses the Constitutional Court of Ukraine seeking its opinion on conformity with the Constitution of Ukraine of active international treaties of Ukraine or those international treaties which are presented to the Verkhovna Rada of Ukraine with a view to obtaining its consent to their binding force, and also seeking official interpretation of the Constitution and laws of Ukraine.

Article 40.
Relations of the Cabinet of Ministers of Ukraine
with the Courts of General Jurisdiction

1. The Cabinet of Ministers of Ukraine may appear in the courts of general jurisdiction as a plaintiff or defendant.

2. Interests of the Cabinet of Ministers of Ukraine in the courts of general jurisdiction are represented by the Ministry of Justice of Ukraine unless otherwise provided for by other laws or acts of the Cabinet of Ministers of Ukraine.

3. Bodies of the executive power, state enterprises, institutions and organisations are obliged, upon demand of the Cabinet of Ministers of Ukraine or the Ministry of Justice of Ukraine and within the term specified by them, to submit any materials necessary for court proceedings.

Article 41.
Relations of the Cabinet of Ministers of Ukraine
with the National Bank of Ukraine and Other State Authorities

The Cabinet of Ministers of Ukraine, according to the Constitution and laws of Ukraine, interacts with the National Bank of Ukraine and other state authorities on issues falling under its competence.

Article 42.
Relations of the Cabinet of Ministers of Ukraine
with Bodies of Local Self-government

1. The Cabinet of Ministers of Ukraine guides activity of bodies of the executive power at the promotion of effective functioning and development of local self-government, respect for the lawfully defined rights of the bodies of local government; ensures interaction of central and local bodies of the executive power with bodies of local self-government while resolving local problems, in particular economic, social and cultural development of corresponding administrative and territorial units.

2. Draft acts of the Cabinet of Ministers of Ukraine, if they directly concern the issues of functioning of local self-government or the interests of territorial communities, are preliminarily sent to the corresponding bodies of local government for consideration.

3. The Cabinet of Ministers of Ukraine, in accordance with the procedure set by law and at the expense of funds appropriated in the State Budget of Ukraine, compensates bodies of local self-government for the costs incurred by them due to decisions of the Cabinet of Ministers of Ukraine or other bodies of the executive power.

4. The Cabinet of Ministers of Ukraine may submit to the Verkhovna Rada of Ukraine draft laws which provide for the delegation of specific executive powers to bodies of local self-government. Concurrently, the Cabinet of Ministers of Ukraine submits proposals on financing the exercise of such powers in full at the expense of the State Budget of Ukraine or by assigning certain national taxes to local budgets, and also by transferring of corresponding state property objects to municipal property or use of bodies of local self-government.

5. The Cabinet of Ministers of Ukraine, according to the Constitution and laws of Ukraine, ensures supervision over the exercise by bodies of local self-government of executive powers delegated to them.

Article 43.
Relations of the Cabinet of Ministers of Ukraine with Associations of Citizens

1. The Cabinet of Ministers of Ukraine, directly or through bodies of the executive power, ensures the realisation of rights of associations of citizens provided for by law.

2. The Cabinet of Ministers of Ukraine considers proposals by associations of citizens on the matters within its competence.

ORGANISATION OF WORK OF THE CABINET OF MINISTERS OF UKRAINE

Article 44.
Exercise of Powers of the Cabinet of Ministers of Ukraine

1. The Cabinet of Ministers of Ukraine directs its activity towards the execution of the Constitution and laws of Ukraine, acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, Programme of Activity of the Cabinet of Ministers of Ukraine approved by the Verkhovna Rada of Ukraine.

2. The Cabinet of Ministers of Ukraine, according to the Constitution and laws of Ukraine, exercise its powers by taking decisions at its meetings by a majority of votes from the total composition of the Cabinet of Ministers of Ukraine.

Article 45.
Prime Minister of Ukraine

1. Prime Minister of Ukraine:

1) runs the Cabinet of Ministers of Ukraine, and directs activities of the Cabinet of Ministers of Ukraine at ensuring the implementation of state domestic and foreign policy, Programme of Activity of the Cabinet of Ministers of Ukraine approved by the Verkhovna Rada of Ukraine, and other powers vested in the Cabinet of Ministers of Ukraine;

2) guides, co-ordinates and controls activity of members of the Cabinet of Ministers of Ukraine, heads of other central bodies of the executive power, the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations;

3) submits to the Cabinet of Ministers of Ukraine proposals to set up, reorganise or liquidate ministries and other central bodies of the executive power;

4) submits to the Verkhovna Rada of Ukraine nominations for members of the Cabinet of Ministers of Ukraine (except for the Minister of Defence and Minister for Foreign Affairs), Head of the Antimonopoly Committee of Ukraine, Head of the State Committee on TV and Radio Broadcasting of Ukraine, and the Head of the State Property Fund of Ukraine;

5) submits to the Cabinet of Ministers of Ukraine:

proposals to appoint or dismiss heads of local state administrations;

upon proposals of the members of the Cabinet of Ministers of Ukraine who guide and co-ordinate central bodies of the executive power, nominations for appointment or dismissal of heads and deputy heads of such bodies;

6) submits to the Cabinet of Ministers of Ukraine proposals concerning the establishment and membership of governmental committees, and appoints chairpersons of such;

7) calls and presides at meetings of the Cabinet of Ministers of Ukraine;

8) signs acts of the Cabinet of Ministers of Ukraine;

9) co-signs acts of the President of Ukraine in the cases provided for in subparagraphs 5, 18, 21, and 23 of paragraph 1 of Article 106 of the Constitution of Ukraine;

10) represents the Cabinet of Ministers of Ukraine in relations with other bodies, enterprises, institutions and organisations in and outside Ukraine;

11) enters in relations with governments of foreign states, negotiates and signs international treaties in accordance with the law;

12) approves heads of joint inter-governmental co-operation commissions set up on the basis of international treaties concluded on behalf of the Cabinet of Ministers of Ukraine;

13) carries out general management of the Secretariat of the Cabinet of Ministers of Ukraine;

14) forms and defines the personal composition of his/her private office.

2. The Prime Minister of Ukraine may exercise other powers stipulated by the Constitution, this and other laws of Ukraine.

3. The Prime Minister of Ukraine is an ex officio member of the Council for National Security and Defence of Ukraine.

4. In case of absence of the Prime Minister of Ukraine, his/her duties are performed by the First Vice Prime Minister of Ukraine or another Vice Prime Minister, according to the allocation of responsibilities defined by the Cabinet of Ministers of Ukraine.

Article 46.
The First Vice Prime Minister, Vice Prime Ministers of Ukraine

The First Vice Prime Minister and a Vice Prime Minister of Ukraine according to the allocation of responsibilities:

1) ensures implementation of the Programme of Activity of the Cabinet of Ministers of Ukraine in relevant areas of activity;

2) co-ordinates work of ministries, guides, co-ordinates and controls activity of other central bodies of the executive power which come under his sphere of guidance and co-ordination, and local bodies of the executive power;

3) chairs a governmental committee;

4) ensures preparation of issues for consideration at the meetings of the Cabinet of Ministers of Ukraine, preliminarily reviews and endorses draft laws, acts of the President of Ukraine, prepared by the Cabinet of Ministers of Ukraine, and drafts of relevant acts of the Cabinet of Ministers of Ukraine, promotes reaching agreement between positions of members of the Cabinet of Ministers of Ukraine; makes proposals concerning the agenda of meetings of the Cabinet of Ministers of Ukraine;

5) makes proposals to the Prime Minister of Ukraine concerning the set up, reorganisation and liquidation of ministries and other central bodies of the executive power;

6) ensures interaction of the Cabinet of Ministers of Ukraine with the President of Ukraine and the Verkhovna Rada of Ukraine on the matters associated with the activities of the Cabinet of Ministers of Ukraine and other bodies of the executive power;

7) takes part in consideration of issues at the meetings of the Cabinet of Ministers of Ukraine, has the right to attend sessions of the Verkhovna Rada of Ukraine and its bodies, may participate in the work of boards of ministries and other central bodies of the executive power and in the meetings of the Council of Ministers of the Autonomous Republic of Crimea;

8) chairs, pursuant to a decision of the Cabinet of Ministers of Ukraine, consultative-advisory bodies and other subsidiary bodies established by the Cabinet of Ministers of Ukraine, and also takes part in the work of advisory, consultative and other subsidiary bodies and services established by the President of Ukraine;

9) makes proposals to the Prime Minister of Ukraine concerning appointment and dismissal of heads and deputy heads of central bodies of the executive power which come under his/her area of guidance and co-ordination;

10) represents, according to the established procedure, the Cabinet of Ministers of Ukraine in its relations with other bodies, enterprises, institutions and organisations in and outside Ukraine;

11) negotiates and signs international treaties according to the powers vested in him;

12) forms and defines the personal composition of his/her private office.

Article 47.
Minister of Ukraine

1. Minister of Ukraine:

1) ensures execution of the Programme of Activity of the Cabinet of Ministers of Ukraine, elaboration and implementation of state policy in the relevant area thereof;

2) runs (except for a minister without portfolio) a ministry and, in furtherance of legislative requirements within his/her powers, defines the political priorities and strategic aims of the ministry and the means of achieving of the identified objectives, guides and co-ordinates activity of other central bodies of the executive power;

3) submits proposals to the Cabinet of Ministers of Ukraine concerning the resolution of issues related to the exercise of his/her powers to guide and co-ordinate central bodies of the executive power

4) submits proposals to the Prime Minister of Ukraine concerning the set up, reorganisation and liquidation of central bodies of the executive power;

5) submits proposals to the Prime Minister of Ukraine on the appointment and dismissal of heads and deputy heads of the central bodies of the executive power, which come under his/her area of guidance and co-ordination;

6) sets up, reorganises and liquidates services, inspections and agencies in the structure of the ministry, within the limits of funds appropriated in the State Budget of Ukraine for support of the corresponding ministry;

7) appoints and dismisses heads of services, inspections and agencies and approves regulations of these bodies, defining thereby their mission, functions, reporting and other matters pertaining to their activities;

8) co-signs acts of the President of Ukraine issued within the limits of powers under subparagraphs 5, 18, 21, and 23 of paragraph 1 of Article 106 of the Constitution of Ukraine, where they concern a field of activity of the ministry and central body of the executive power which he/she guides and co-ordinates, and ensures their execution;

9) endorses draft laws, acts of the President of Ukraine and acts of the Cabinet of Ministers of Ukraine on the matters which come under a field of activity of the ministry or central bodies of the executive power which he/she guides and co-ordinates;

10) submits to the Cabinet of Ministers of Ukraine draft laws, acts of the President of Ukraine and acts of the Cabinet of Ministers of Ukraine, prepared by the ministry or central body of the executive power which he/she guides and co-ordinates;

11) approves mandatory orders on the matters within the field of activity of the ministry or central bodies of the executive power which he/she guides and co-ordinates;

12) prepares issues for consideration by the Cabinet of Ministers of Ukraine;

13) takes part in consideration of issues at the meetings of the Cabinet of Ministers of Ukraine and makes proposals as to the agenda of meetings of the Cabinet of Ministers of Ukraine;

14) takes part in meetings of governmental committees;

15) submits to the Cabinet of Ministers of Ukraine nominations on the appointment and dismissal of deputy ministers;

16) represents the Cabinet of Ministers of Ukraine, in accordance with the established procedure, in relations with other bodies, enterprises, institutions and organisations in and outside Ukraine;

17) negotiates and signs international treaties of Ukraine according to powers vested in him/her;

18) chairs, pursuant to a decision of the Cabinet of Ministers of Ukraine, advisory, consultative and other subsidiary bodies established by the Cabinet of Ministers of Ukraine, and also takes part in the work of advisory, consultative and other subsidiary bodies and services established by the President of Ukraine;

19) forms and defines the personal composition of his/her private office.

2. Private office of the minister heading a ministry is created in the structure of the central staff of such ministry. Staff of such private offices is appointed and dismissed by the minister.

Private office of the minister without portfolio is created in the structure of the Secretariat of the Cabinet of Ministers of Ukraine. Staff of such private office is appointed and dismissed by the State Secretary of the Cabinet of Ministers of Ukraine.

3. A minister of Ukraine may have, apart from the powers defined hereunder, other powers provided for by law.

Article 48.
Responsibility of the Members of the Cabinet of Ministers of Ukraine

1. Members of the Cabinet of Ministers of Ukraine are jointly responsible for the performance of the Cabinet of Ministers of Ukraine as a collective body of the executive power.

2. Members of the Cabinet of Ministers of Ukraine have personal political responsibility for the state of affairs in the spheres of state policy of their charge.

3. Members of the Cabinet of Ministers of Ukraine may be dismissed by the Verkhovna Rada of Ukraine in accordance with the procedure under paragraph 2 of Article 19 of this Law for commission of corruption acts or violation of the rules of ethical conduct of persons authorised to perform government functions (prohibition of jobbing, prevention of the conflict of interests, etc.).

Article 49.
Meetings of the Cabinet of Ministers of Ukraine

1. The organizational form of activity of the Cabinet of Ministers of Ukraine is its meetings.

2. Meetings of the Cabinet of Ministers of Ukraine are called by the Prime Minister of Ukraine and, as a rule, are held on Wednesdays, starting at 10 a.m., in the House of Government.

3. A meeting of the Cabinet of Ministers of Ukraine is considered valid if attended by not less than two thirds of the composition of the Cabinet of Ministers of Ukraine.

4. In the event that a minister cannot attend a meeting of the Cabinet of Ministers of Ukraine, his/her deputy takes part in such with a deliberative voice.

5. The Cabinet of Ministers of Ukraine identifies, upon proposal of members of the Cabinet of Ministers of Ukraine, the persons who are entitled to attend its meetings with a deliberative voice.

6. Meetings of the Cabinet of Ministers of Ukraine are chaired by the Prime Minister of Ukraine or, in his/her absence, by the First Vice Prime Minister.

7. The agenda of a meeting of the Cabinet of Ministers of Ukraine is approved by the Cabinet of Ministers of Ukraine.

8. Proceedings at the meetings of the Cabinet of Ministers of Ukraine are taken down in shorthand and entered upon the minutes which is an official document.

9. The procedure of holding meetings of the Cabinet of Ministers of Ukraine, stenographing them and producing minutes thereof, that of preparing and making decisions, and also other procedures of the Cabinet of Ministers of Ukraine are defined in the Rules of Procedure of the Cabinet of Ministers of Ukraine.

10. The verbatim report of a meeting of the Cabinet of Ministers of Ukraine is confidential. Copies and excerpts from such report may be released only upon consent of the Prime Minister of Ukraine.

Article 50.
Governmental Committees

1. Governmental committees are established to ensure effective exercise of powers of the Cabinet of Ministers of Ukraine, co-ordination of activity of bodies of the executive power, preliminary consideration of normative legal acts, draft concept papers and other documents submitted for the consideration of the Cabinet of Ministers of Ukraine.

2. The list of the governmental committees and their composition are approved by the Cabinet of Ministers of Ukraine upon submission of the Prime Minister of Ukraine.

3. Members of the Cabinet of Ministers who do not serve on a governmental committee may take part in its work with the right to vote.

4. If a minister, who is a member of a governmental committee, cannot attend a meeting for a good reason, he/she can be replaced at that meeting by his deputy with the right to vote (upon prior agreement with the chairperson of the committee and provided the meeting of the governmental committee is valid).

5. Heads of central and local bodies of the executive power, bodies of local government, and also other officials whose participation is necessary for discussion of an item on the agenda, may take part in the meeting of the governmental committee with a deliberative vote, subject to the decision of the chairperson of the governmental committee or upon his/her endorsement.

6. A meeting of a governmental committee is considered valid if attended by not less than two thirds of its members.

7. A decision of a governmental committee is taken by consensus and is recorded in the minutes. If the consensus is not reached, the decision is taken by the Cabinet of Ministers of Ukraine.

8. With a view to supporting their activities, governmental committees:

1) may establish, if need be, subcommittees, commissions of experts and working groups to consider specific issues within their competence;

2) obtain, in accordance with the established procedure, information necessary for their work from bodies of the executive power;

3) invite to their meetings representatives of bodies of the executive power, and also other experts on issues under the consideration;

4) consider other issues related to formation and implementation of state policy in the relevant area.

9. The procedure for organisation of work of governmental committees is determined in the Rules of Procedure of the Cabinet of Ministers of Ukraine.

Article 51.
Secretariat of the Cabinet of Ministers of Ukraine

1. The Secretariat of the Cabinet of Ministers of Ukraine provides organisational, expert and analytical, legal, information, material and technical support for activity of the Cabinet of Ministers of Ukraine.

2. The Secretariat of the Cabinet of Ministers of Ukraine provides preparation for and the conduct of meetings of the Cabinet of Ministers of Ukraine, governmental committees and activity of the Prime Minister of Ukraine, the First Vice Prime Minister, Vice Prime Ministers and ministers without portfolios. The Secretariat controls and ensures a timely submission of draft laws, acts of the Cabinet of Ministers of Ukraine, and other documents by bodies of the executive power with a view to their preparation for the consideration by the Cabinet of Ministers of Ukraine and governmental committees.

3. The Secretariat of the Cabinet of Ministers of Ukraine is headed by the State Secretary of the Cabinet of Ministers of Ukraine who is appointed to office and dismissed from office by the Cabinet of Ministers of Ukraine upon submission of the Prime Minister of Ukraine, in accordance with the procedure defined by the civil service legislation.

4. The State Secretary of the Cabinet of Ministers of Ukraine has the first deputy and deputies who are appointed and dismissed by the Cabinet of Ministers of Ukraine upon submission of the Prime Minister of Ukraine, in accordance with the procedure defined by the civil service legislation. The State Secretary of the Cabinet of Ministers of Ukraine makes proposals to the Prime Minister of Ukraine concerning the appointment of the first deputy and deputies to the State Secretary of the Cabinet of Ministers of Ukraine.

5. Civil servants of the Secretariat of the Cabinet of Ministers of Ukraine are appointed and dismissed by the State Secretary of the Cabinet of Ministers of Ukraine, according to the legislation on civil service.

6. Private offices of the Prime Minister of Ukraine and Vice Prime Ministers of Ukraine are established in the structure of Secretariat of the Cabinet of Ministers of Ukraine. Staff of such private offices is appointed and dismissed by the State Secretary of the Cabinet of Ministers of Ukraine.

7. The rights, duties and responsibilities of civil servants of the Secretariat of the Cabinet of Ministers of Ukraine are defined by the legislation on civil service.

8. Termination of powers of the Cabinet of Ministers of Ukraine is not a ground for dismissal of civil servants of the Secretariat of the Cabinet of Ministers of Ukraine.

9. The structure of the Secretariat of the Cabinet of Ministers of Ukraine is approved by the State Secretary of the Cabinet of Ministers of Ukraine upon agreement with the Prime Minister of Ukraine.

10. The Secretariat of the Cabinet of Ministers of Ukraine is a legal entity and operates under this Law and the Regulations of the Secretariat of the Cabinet of Ministers of Ukraine, as approved by the Cabinet of Ministers of Ukraine.

11. The estimate and the staff list of the Secretariat of the Cabinet of Ministers of Ukraine is approved by the State Secretary of the Cabinet of Ministers of Ukraine upon agreement with the Ministry of Finance, within the limits of budget appropriations to support operation of the Secretariat of the Cabinet of Ministers of Ukraine.

Article 52.
Advisory, Consultative and Other Subsidiary Bodies
Established by the Cabinet of Ministers of Ukraine

1. With a view to ensure the exercise of its powers, the Cabinet of Ministers of Ukraine may establish permanent and temporary advisory, consultative and other subsidiary bodies.

2. People’s Deputies of Ukraine, upon their consent, civil servants, academics, researchers and other experts may be involved in the work of said bodies.

3. The mission, composition and administrative procedures of such advisory, consultative and other subsidiary bodies are defined by the Cabinet of Ministers of Ukraine.

4. Remuneration of labour of the experts engaged in the advisory, consultative and other subsidiary bodies of the Cabinet of Ministers of Ukraine may be provided at the expense of the funds appropriated to support the activities of the Secretariat of the Cabinet of Ministers of Ukraine or relevant central body of the executive power.

Article 53.
Acts of the Cabinet of Ministers of Ukraine

1. The Cabinet of Ministers of Ukraine, on the basis of and in furtherance of the Constitution and laws of Ukraine, adopts binding resolutions and orders.

2. Acts of the Cabinet of Ministers of Ukraine of normative nature are issued in the form of resolutions of the Cabinet of Ministers of Ukraine.

3. Acts of the Cabinet of Ministers of Ukraine on organisational, administrative and other current affairs issues are issued in the form of orders of the Cabinet of Ministers of Ukraine.

4. Acts of the Cabinet of Ministers of Ukraine are signed by the Prime Minister of Ukraine.

5. The President of Ukraine may suspend operation of any act of the Cabinet of Ministers of Ukraine on the ground of incompliance with the Constitution while concurrently referring the matter to the Constitutional Court of Ukraine.

6. Acts of the Cabinet of Ministers of Ukraine become invalid in full or in part on the date of decision of the Constitutional Court of Ukraine on their unconstitutionality.

7. Acts of the Cabinet of Ministers of Ukraine or their specific provisions may be appealed against in court according to the Code of Administrative Justice of Ukraine.

8. Resolutions of the Cabinet of Ministers of Ukraine are published in the Official Bulletin of Ukraine and the Gazette of the Government.

Article 54.
Preparation of Acts of the Cabinet of Ministers of Ukraine

1. The right to initiate acts of the Cabinet of Ministers of Ukraine is vested in members of the Cabinet of Ministers of Ukraine, central bodies of the executive power, the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations.

2. Draft acts of the Cabinet of Ministers of Ukraine are prepared by ministries, other central bodies of the executive power, the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations.

3. People’s Deputies of Ukraine, on their consent, academics, researchers and other experts may be involved in the preparation of draft acts of the Cabinet of Ministers of Ukraine.

4. Draft acts of the Cabinet of Ministers of Ukraine which are of significant public importance and define the rights and duties of citizens of Ukraine are subject to public debate in accordance with the procedure defined in the Rules of Procedure the Cabinet of Ministers of Ukraine.

Article 55.
Adoption of Acts by the Cabinet of Ministers of Ukraine

1. Resolutions and orders of the Cabinet of Ministers of Ukraine are adopted at meetings of the Cabinet of Ministers of Ukraine.

2. If the case of need to take measures in order to prevent an emergency, eliminate consequences of emergencies or in other urgent cases upon decision of the Prime Minister of Ukraine, an order of the Cabinet of Ministers of Ukraine may be adopted by questioning of members of the Cabinet of Ministers of Ukraine, in accordance with the procedure provided for in the Rules of Procedure the Cabinet of Ministers of Ukraine. The draft of such order is circulated to all members of the Cabinet of Ministers of Ukraine.

Article 56.
Coming into Effect by Acts of the Cabinet of Ministers of Ukraine

1. The resolutions of the Cabinet of Ministers of Ukraine which define rights and duties of citizens take effect not earlier than on the date of their publication.

2. Orders of the Cabinet of Ministers of Ukraine take effect at the moment of their adoption.

3. Acts of the Cabinet of Ministers of Ukraine are included in the Unified State Register of Normative Legal Acts of Ukraine.

SOCIAL AND OTHER MAINTENANCE OF MEMBERS OF THE CABINET OF MINISTERS OF UKRAINE

Article 57.
Terms of Remuneration and Leaves of Members of the Cabinet of Ministers of Ukraine.

1. The terms of remuneration of members of the Cabinet of Ministers of Ukraine are defined in accordance with the legislation.

2. Members of the Cabinet of Ministers of Ukraine have the right to an annual leave of thirty calendar days with a payment of allowance for improvement of health in the amount of two monthly average salaries.

Article 58.
Material and Housing Maintenance of Members of the Cabinet of Ministers of Ukraine

1. A member of the Cabinet of Ministers of Ukraine is provided with a service car which he/she shall use only for the exercise of his/her powers.

2. A member of the Cabinet of Ministers of Ukraine who has no housing is provided with service accommodation for the duration of his/her office.

3. A member of the Cabinet of Ministers of Ukraine is entitled to out-of-turn purchase of tickets for all kinds of intercity transport within Ukraine.

4. The life and health of a member of the Cabinet of Ministers of Ukraine are subject to obligatory state insurance. Conditions of such insurance are established by law.

5. A member of the Cabinet of Ministers of Ukraine is issued a diplomatic passport of Ukraine for the duration of his/her office, in accordance with the established procedure.

6. In case of death of a member of the Cabinet of Ministers of Ukraine a funeral assistance is paid.

FINAL PROVISIONS

1. This Law takes effect on the date of publication.

2. The Law of the Ukrainian SSR «On the Council of Ministers of the Ukrainian SSR» (Vidomosti of the Supreme Soviet of the Ukrainian SSR, 1979, #1, p. 7; 1980, #7, p. 115; 1981, #24, p. 364, #49, p. 841; 1984, #4, p. 83; 1985, #49, p. 1167; 1986, #29, p. 584, #39, p. 797; 1987, #35, p. 675, #47, p. 947; 1988, #18, p. 450) loses its force on the day this Law comes into effect.

3. In Article 25 of the Law of Ukraine “On Civil Service” (Vidomosti of the Verkhovna Rada of Ukraine, 1993, #52, p. 490; 1995, #34, p. 268; 2003, #14, p. 97; 2005, #2, p. 32; 2005, #10, ст.193; 2005, #26, ст.346) the words “first deputy ministers” and “deputy ministers” shall be excluded.

4. In the Law of Ukraine “On Local State Administrations” (Vidomosti of the Verkhovna Rada of Ukraine, 1999, #20-21, p. 190):

– the word “model” shall be replaced with the word “recommendatory” in paragraph 3 of Article 5;

– paragraph 2 of Article 47 shall be revised as follows:

“The maximum number and salary fund of staff and the cost for support of local state administrations are established by the Cabinet of Ministers of Ukraine”.

5. Within three months from the date of publication of this Law, the Cabinet of Ministers of Ukraine shall:

1) prepare and submit to the Verkhovna Rada of Ukraine proposals concerning amendments of the laws of Ukraine to be made in connection with the adoption of this Law;

2) bring its normative acts in line with this Law;

3) adopt normative acts arising from this Law.

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