Draft
LAW OF UKRAINE
On the Cabinet of Ministers of Ukraine
In accordance with the Ukrainian Constitution, this Law defines main objectives, principles, and organization of the Cabinet of Ministers of Ukraine as the Government of Ukraine, its composition and formation procedures, its place in the system of public authorities, as well as its executive powers.
Section I. GENERAL PROVISIONS
Article 1. The Cabinet of Ministers of Ukraine in the System of Public Authorities of Ukraine.
The Cabinet of Ministers of Ukraine – the Government of Ukraine – shall be the highest authority in the system of executive authorities. The appellations the Cabinet of Ministers of Ukraine and the Government of Ukraine are equivalent. The system of executive authorities shall include the Cabinet of Ministers of Ukraine, ministries and other central executive authorities, the Council of Ministers of the Crimean Autonomous Republic, and local state administrations.
The Cabinet of Ministers of Ukraine shall exercise its executive power directly, as well as through central and local executive authorities. It shall also direct, coordinate and oversee these authorities.
The Cabinet of Ministers of Ukraine shall be responsible to the President of Ukraine. It shall be accountable to, and under control of the Verkhovna Rada of Ukraine[1] within the limits set by Articles 85 and 87 of the Ukrainian Constitution.
Article 2. Main Objectives of the Cabinet of Ministers of Ukraine
The main objectives of the Cabinet of Ministers of Ukraine shall include the following:
1) to ensure the state sovereignty and economic independence of Ukraine; to implement the domestic and foreign policy for the interests of the Ukrainian people; to administrate the Constitution and laws of Ukraine, and acts of President of Ukraine;
2) to undertake measures to ensure human and civil rights and freedoms; to create beneficial conditions for free and coherent development of the individual;
3) to ensure the implementation of financial, price, investment, and tax policies, as well as the policies of labour and public employment, social security, education, science and culture, environmental protection, environmental security and the use of natural resources;
4) to develop and implement nationwide public programs of economic, science and technology, social and cultural development of Ukraine;
5) to ensure equal conditions for development of all forms of ownership; to manage public property as set by law;
6) to develop the bill on the State Budget of Ukraine and to ensure the administration of the State Budget of Ukraine approved by the Verkhovna Rada of Ukraine;
7) to undertake measures to ensure the defence capacity and national security of Ukraine, public order, and combat against organized crime;
8) to organize and ensure foreign economic activities of Ukraine and customs affairs;
9) to direct and coordinate ministries and other executive authorities;
10) to coordinate and oversee executive authorities in terms of provision of administrative services to individuals and legal entities.
Article 3. Principles of Activities of the Cabinet of Ministers of Ukraine
The Cabinet of Ministers of Ukraine shall act on the basis of the principles of the rule of law, legality, separation of powers, collective work and publicity.
The Cabinet of Ministers of Ukraine shall act to secure human and civil rights and freedoms, to guarantee the responsibility of the state to its citizens for providing them with proper living conditions.
In its activities the Cabinet of Ministers of Ukraine shall be governed by the Constitution and laws of Ukraine, and acts of President of Ukraine.
The Cabinet of Ministers of Ukraine shall exercise its executive powers within the limits set by the Constitution and laws of Ukraine. Unlawful interference by any authorities, officials, institutions, organizations, or civil associations into the settlement of issues attributed to the competence of the Cabinet of Ministers shall not be permitted.
The Cabinet of Ministers of Ukraine shall be a collective authority. It shall pass its decisions upon discussion of relevant issues at its meetings with the exception envisaged by Article 55 hereof.
The Cabinet of Ministers of Ukraine shall regularly inform the public on its activities through the mass media. Adoption of secret (closed) decisions shall be possible only in the cases envisaged by law and in connection with requirements of the national security of Ukraine.
Article 4. Legislation on the Cabinet of Ministers of Ukraine
Organization, powers, functions, and procedures for the activities of the Cabinet of Ministers of Ukraine shall be set by the Ukrainian Constitution, by this Law and other laws of Ukraine.
The functions of the Cabinet of Ministers within the powers, envisaged by the Constitution and laws of Ukraine, shall also be defined by acts of President of Ukraine.
According to the Constitution and laws of Ukraine, certain issues related to the activities of the Cabinet of Ministers of Ukraine can also be set by resolutions of the Cabinet of Ministers of Ukraine.
Article 5. Location and Symbols of the Cabinet of Ministers of Ukraine
The Cabinet of Ministers of Ukraine shall be located in the capital of Ukraine – Kyiv.
The State Coat of Arms of Ukraine and the State Flag of Ukraine shall be placed on the building of the Cabinet of Ministers of Ukraine.
The State Coat of Arms of Ukraine and the State Flag of Ukraine shall be the attributes of the Cabinet of Ministers of Ukraine meeting room.
Section II. COMPOSITION AND PROCEDURES FOR FORMATION OF THE CABINET OF MINISTERS OF UKRAINE
Article 6. The Composition of the Cabinet of Ministers of Ukraine and the Status of Its Members
The Cabinet of Ministers of Ukraine shall include the Prime Minister of Ukraine, the First Vice Prime Minister of Ukraine, three Vice Prime Ministers of Ukraine and ministers of Ukraine.
On the proposal of the Prime Minister of Ukraine the President of Ukraine can appoint ministers that do not manage ministries. The Cabinet of Ministers of Ukraine shall have not more than two of such ministers.
The general number of members of the Cabinet of Ministers of Ukraine shall be defined by the posts of the Cabinet of Ministers of Ukraine.
The Cabinet of Ministers of Ukraine shall be formed and acquire powers within no more than sixty days after the President of Ukraine assumes office or after the resignation of the previous Cabinet of Ministers of Ukraine.
By the nature of powers and activities of members of the Cabinet of Ministers of Ukraine, their posts shall belong to the state political posts and shall not be considered as posts of public servants envisaged by the legislation on civil service.
The status of members of the Cabinet of Ministers of Ukraine shall be defined by the Ukrainian Constitution, this Law and other laws of Ukraine. No other posts in the system of executive authorities shall be equalled by their status to members of the Cabinet of Ministers of Ukraine.
Members of the Cabinet of Ministers of Ukraine shall be subject to legislative norms on fighting corruption.
Article 7. Submission of a Proposal on the Candidate for Prime Minister of Ukraine
Within ten days upon assumption of office or termination of powers of the Cabinet of Ministers of Ukraine and, as a rule, after consultations with the Chairman of the Verkhovna Rada of Ukraine and leaders of parliamentary factions and groups, the President of Ukraine shall submit for the consideration of the Verkhovna Rada of Ukraine a proposal on the candidate for Prime Minister of Ukraine.
If the Verkhovna Rada grants no consent to the appointment of the candidate proposed for Prime Minister of Ukraine, within seven days the President of Ukraine, as a rule, after consultations with the Chairman of the Verkhovna Rada of Ukraine and leaders of parliamentary factions and groups, shall submit for the consideration of the Verkhovna Rada of Ukraine a proposal on a new candidate for this post or proposes the same candidate again.
Article 8. Procedure for the Consideration of the Candidate for Prime Minister of Ukraine by the Verkhovna Rada of Ukraine
The Verkhovna Rada of Ukraine shall consider the proposal on the candidate for Prime Minister of Ukraine proposed by the President of Ukraine not later than within ten days after its submission.
Simultaneously with the proposal on the candidate for Prime Minister of Ukraine, the Verkhovna Rada of Ukraine shall also receive information on the candidate as required by the Law on the Rules of Procedure of the Verkhovna Rada of Ukraine.
Before considering the issue at the plenary sitting, parliamentary factions and groups shall be entitled to meet the candidate for Prime Minister of Ukraine and get answers to their questions. The President of Ukraine or the individual authorized by the President of Ukraine shall introduce the proposed candidate at the plenary sitting of the Verkhovna Rada of Ukraine. The candidate for Prime Minister of Ukraine shall present a program declaration and answer the questions of the members of parliament. Representatives of parliamentary factions and groups shall be entitled to express the position of their parliamentary associations.
The Verkhovna Rada of Ukraine shall pass a resolution on its consent to appoint the candidate proposed by the President of Ukraine as Prime Minister of Ukraine by roll call vote. The decision shall be passed by the majority of votes of the constitutional composition of the Verkhovna Rada of Ukraine.
Article 9. Appointment of Members of the Cabinet of Ministers of Ukraine
The Prime Minister of Ukraine shall be appointed by a decree of the President of Ukraine within three days after the Verkhovna Rada of Ukraine grants its consent to such appointment.
Within fourteen days after the appointment of the Prime Minister of Ukraine and after consultations with parliamentary factions and groups, the Prime Minister of Ukraine shall submit to the President of Ukraine a proposal on the posts and personal composition of the Cabinet of Ministers of Ukraine. Simultaneously, the Prime Minister of Ukraine shall inform the Verkhovna Rada of Ukraine on the content of such proposal. One candidate shall be proposed for each post. If the President of Ukraine rejects any candidate for member of the Cabinet of Ministers of Ukraine, the Prime Minister of Ukraine shall propose another candidate to the President of Ukraine in accordance with the same procedure.
On the basis of the proposal made by the Prime Minister of Ukraine, the President of Ukraine shall approve the posts of the Cabinet of Ministers of Ukraine and appoint members of the Cabinet of Ministers of Ukraine.
The Prime Minister of Ukraine shall propose to the President of Ukraine candidates for any vacant posts in the Cabinet of Ministers of Ukraine within fourteen days after such vacant posts appear in accordance with the procedure established by paragraph 2 above.
The decree of the President of Ukraine on appointment of members of the Cabinet of Ministers of Ukraine, with the exception of the Prime Minister of Ukraine, shall be countersigned by the Prime Minister of Ukraine.
Article 10. The Oath of Members of the Cabinet of Ministers of Ukraine and Acquisition of Powers
Members of the Cabinet of Ministers of Ukraine shall swear the following Oath to the Ukrainian People:
“Aware of my high responsibility, I solemnly swear to be loyal to Ukraine. I commit to respecting the Ukrainian Constitution, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, to making all my efforts to defend the sovereignty and independence of Ukraine, to protecting human and civil rights and freedoms, to caring for the well-being of the Ukrainian people, and to consolidation and sustainable democratic development of the state of Ukraine”.
The Oath shall be sworn in a solemn environment at the plenary sitting of the Verkhovna Rada of Ukraine no later than within five days upon formation of the Cabinet of Ministers of Ukraine (appointment of no less than two thirds of the total number of members of the Cabinet of Ministers of Ukraine) or appointment of a new member of the Cabinet of Ministers of Ukraine.
The Oath of members of the newly appointed Cabinet of Ministers of Ukraine shall be declared by the Prime Minister of Ukraine, and its text shall be signed by every member of the Cabinet of Ministers of Ukraine. All subsequent newly appointed members of the Cabinet of Ministers of Ukraine shall declare the Oath themselves and sign its text.
The fact of the Oath sworn shall be recorded in the labour book of a member of the Cabinet of Ministers of Ukraine. The signed text of the Oath shall be kept in the personal file of a member of the Cabinet of Ministers of Ukraine.
If any member of the Cabinet of Ministers of Ukraine refuses to swear the Oath, such a member of the Cabinet of Ministers of Ukraine shall be dismissed.
The newly formed Cabinet of Ministers of Ukraine shall acquire its powers since the moment when no less then two thirds of the total number of members of the Cabinet of Ministers of Ukraine havesworn the Oath. The newly appointed members of the Cabinet of Ministers of Ukraine shall acquire their powers since the moment when they have sworn the Oath.
Article 11. The Action Programme of the Cabinet of Ministers of Ukraine
No later than within sixty days upon acquisition of powers, the newly formed Cabinet of Minister of Ukraine shall submit for the parliamentary consideration the Action Programme of the Cabinet of Ministers of Ukraine for the period of its powers.
The Action Programme of the Cabinet of Ministers of Ukraine shall contain the conceptual presentation of the strategy of action, measures and terms for the achievement of objectives of the Cabinet of Ministers of Ukraine. The Action Programme of the Cabinet of Ministers of Ukraine shall also be supplemented by the general structure of the system of executive authorities and information on the members of the Cabinet of Ministers of Ukraine.
The Action Programme of the Cabinet of Ministers of Ukraine shall be considered by the Verkhovna Rada of Ukraine within no later than ten days since the day of its submission.
Before the Action Programme of the Cabinet of Ministers of Ukraine is considered at the plenary sitting of the Verkhovna Rada of Ukraine, it shall be preliminary discussed by parliamentary committees, factions and groups.
The Prime Minister of Ukraine shall present the Action Programme of the Cabinet of Ministers of Ukraine at the plenary sitting of the Verkhovna Rada of Ukraine and shall answer the questions of members of parliament.
The Verkhovna Rada of Ukraine can provide the Cabinet of Ministers of Ukraine with a possibility to improve the Action Programme of the Cabinet of Ministers of Ukraine within twenty days on the basis of proposals and observations made in the course of its discussion by parliamentary committees, factions and groups and the plenary sitting of the Verkhovna Rada of Ukraine.
The Verkhovna Rada of Ukraine shall pass the Action Programme of the Cabinet of Ministers of Ukraine by roll call vote. The Action Programme of the Cabinet of Ministers of Ukraine shall be considered approved if no less than the majority of the constitutional composition of the Verkhovna Rada of Ukraine votes in its favour.
If the Verkhovna Rada of Ukraine fails to approve the Action Programme of the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine can consider no confidence in the Cabinet of Ministers of Ukraine in accordance with the Ukrainian Constitution.
Article 12. Termination of Powers of the Cabinet of Ministers of Ukraine
The powers of a member of the Cabinet of Ministers of Ukraine can be terminated by the President of Ukraine on the proposal of the Prime Minister of Ukraine or on the request of the member of the Cabinet of Ministers of Ukraine, as well as on the initiative of the President of Ukraine.
Due to political or personal motives, any member of the Cabinet of Ministers of Ukraine shall be entitled to declare his/her resignation to the President of Ukraine.
Members of the Cabinet of Ministers of Ukraine shall inform the Prime Minister of Ukraine beforehand on their intention to resign.
Any member of the Cabinet of Ministers of Ukraine whose resignation has been accepted by the President of Ukraine, on the President’s commission and on such member’s consent shall continue performing his/her powers until a new member of the Cabinet of Ministers of Ukraine acquires powers, but no longer than for sixty days.
To terminate powers or accept resignation of members of the Cabinet of Ministers of Ukraine, the President of Ukraine shall issue relevant decrees.
Article 13. Requirements to Individuals Constituting the Cabinet of Ministers of Ukraine
Only Ukrainian citizens enjoying the voting right and speaking the state language shall be appointed to the Cabinet of Ministers of Ukraine. Individuals that have been convicted of a deliberate crime shall not be eligible to be appointed to the Cabinet of Ministers of Ukraine if such conviction has not been cleared as established by law.
Members of the Cabinet of Ministers of Ukraine cannot be members of parliament of Ukraine or hold any other representative mandate. They shall not be entitled to combine their service activities with any other work, than teaching, research or creative work during off-business hours, participate in a management body or a supervisory board of a company or any other profit making organization or organization set up to provide commercial, industrial or financial services to other companies, organizations or individuals.
Section III. TERMINATION OF POWERS OF THE CABINET OF MINISTERS OF UKRAINE
Article 14. Period of Powers of the Cabinet of Ministers of Ukraine
The Cabinet of Ministers of Ukraine shall be set up for the period of powers of the President of Ukraine.
The powers of the Cabinet of Ministers of Ukraine shall be terminated before term in the following cases:
1) The President of Ukraine makes a decision to terminate the powers of the Prime Minister of Ukraine or to dismiss the Cabinet of Ministers of Ukraine;
2) The Verkhovna Rada of Ukraine votes no confidence in the Cabinet of Ministers of Ukraine;
3) Resignation or death of the Prime Minister of Ukraine.
Article 15. Termination of Powers of the Cabinet of Ministers of Ukraine Due to Election of a New President of Ukraine
As soon as a new President of Ukraine swears the oath at the inauguration ceremony, the Prime Minister of Ukraine shall request that the new President of Ukraine terminate the powers of the Cabinet of Ministers of Ukraine.
Article 16. Termination of Powers of the Cabinet of Ministers of Ukraine Due to Termination of Powers of the Prime Minister of Ukraine on the Decision of the President of Ukraine
The President of Ukraine shall be entitled to make a grounded decision to terminate the powers of the Prime Minister of Ukraine.