Date of entry into
force:
March 2, 2014
(Abstract)
According to
Article 1 of the Law, the Cabinet of Ministers of Ukraine (the Government of
Ukraine) is the supreme body in the system of executive power bodies. 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 administration, and
directs, coordinates and controls the work of these bodies. The Cabinet of
Ministers of Ukraine is accountable before the President of Ukraine and the
Verkhovna Rada of Ukraine, and is controlled by and reports to the Verkhovna
Rada of Ukraine within the limits provided by the Constitution of Ukraine.
The principal
tasks of the Cabinet of Ministers of Ukraine, according to Article 2 of the
Law, are:
·
ensuring state sovereignty and economic independence
of Ukraine, exercising domestic and foreign state policy, implementing the
Constitution and the Laws of Ukraine, and acts of the President of Ukraine;
·
using measures to ensure human and civil rights and
freedoms, creating favorable conditions for free and universal personal
development;
·
ensuring implementation of the budget, finance, price,
investment (including depreciation), tax, and structural industry-based
policies; as well as policies in the spheres of labor and public employment,
social security, health care, education, science and culture, environmental
protection and safety, and nature management;
·
developing and executing state programs for economic,
scientific, technical, social, and cultural development, and environmental
protection; as well as developing, approving, and executing other state
targeted programs;
·
ensuring development and state support of the
scientific, technical, and innovative potential of the state;
·
ensuring equal development conditions for all forms of
ownership; managing state property objects according to law;
·
taking measures to ensure defense capability and
national security of Ukraine, public order, crime fighting, and emergency
management;
·
organizing and providing for foreign economic activity
and customs procedures;
·
directing and coordinating the work of ministries,
other executive power bodies, and controlling their activities.
The work
principles of the Cabinet of Ministers of Ukraine are determined in Article 3
of the Law.
The Cabinet of
Ministers of Ukraine includes the Prime Minister of Ukraine, the First Deputy
Prime Minister of Ukraine, deputy prime ministers of Ukraine, and ministers of
Ukraine. The official membership (number and list of positions) of a newly
formed Cabinet of Ministers of Ukraine is determined by the Verkhovna Rada of
Ukraine on proposal of the Prime Minister of Ukraine, with simultaneous
appointment of the personal membership of the Cabinet of Ministers of Ukraine
according to the procedure established by Article 9 of the Law.
If the Cabinet
of Ministers of Ukraine makes a resolution to create, reorganize or liquidate a
ministry, the official membership of the Cabinet of Ministers of Ukraine is
considered changed starting from the date such resolution was adopted.
Positions of the members of the Cabinet of Ministers of Ukraine are classified
as political positions that are outside the scope of the labor legislation and
legislation of public service. The status of the members of the Cabinet of
Ministers of Ukraine is determined by the Constitution of Ukraine, this Law,
and other laws of Ukraine. By proposal of the Prime Minister of Ukraine, the
Verkhovna Rada of Ukraine can appoint persons that are not heading ministries
as ministers. The membership of the Cabinet of Ministers of Ukraine may include
no more than two such ministers (Article 5 of the Law).
Article 7 of the
Law establishes requirements to the members of the Cabinet of Ministers of
Ukraine.
The procedure of
appointment to the position of the Prime Minister of Ukraine is determined by
Article 8 of the Law.
According to
Article 11 of the Law, the Work Program of the Cabinet of Ministers of Ukraine
is based on coordinated political positions and program tasks of the coalition
of deputy factions in the Verkhovna Rada of Ukraine. The Work Program of the
Cabinet of Ministers of Ukraine is submitted to the Verkhovna Rada of Ukraine
by the Prime Minister of Ukraine, within one month of formation of the Cabinet
of Ministers of Ukraine.
The Prime Minister of Ukraine personally presents the
Work Program of the Cabinet of Ministers of Ukraine at a plenary session of the
Verkhovna Rada of Ukraine and takes relevant questions of people's deputies of
Ukraine. The Work Program of the Cabinet of Ministers of Ukraine is considered
adopted if voted for by the majority of the constitutional membership of the
Verkhovna Rada of Ukraine. The decision to adopt the Work Program of the
Cabinet of Ministers of Ukraine is formalized as a resolution of the Verkhovna
Rada of Ukraine. The Verkhovna Rada of Ukraine may grant the Cabinet of
Ministers of Ukraine an opportunity to additionally revise the Work Program of
the Cabinet of Ministers of Ukraine. Subsequent review of the Work Program of
the Cabinet of Ministers of Ukraine shall be held no later than fifteen days
after the decision to revise it was made.
The Cabinet of
Ministers of Ukraine steps down before the newly elected Verkhovna Rada of
Ukraine (Article 12 of the Law).
According to
Article 13 of the Law, the Cabinet of Ministers of Ukraine shall resign in case
of:
·
vote of no confidence in the Cabinet of Ministers of
Ukraine made by resolution of the Verkhovna Rada of Ukraine (Article 14 of the
Law);
·
resignation of the Prime Minister of Ukraine (Article
15 of the Law);
·
death of the Prime Minister of Ukraine (Article 16 of
the Law).
The Cabinet of
Ministers of Ukraine that stepped down before the newly elected Verkhovna Rada
of Ukraine or resigned for reasons provided for by Article 13 of the Law
continues to exercise its authority until the commencement of newly formed
Cabinet of Ministers of Ukraine. In case of death of the Prime Minister of
Ukraine, the authority of the Prime Minister Ukraine during the period until
the commencement of the newly formed Cabinet of Ministers of Ukraine is borne
by the First Deputy Prime Minister of Ukraine or a deputy prime minister of
Ukraine, according to the distribution of authority determined by the Cabinet
of Ministers of Ukraine. If a member of the Cabinet of Ministers of Ukraine is
elected as a people's deputy of Ukraine in the newly elected Verkhovna Rada of
Ukraine, they shall assume the authority of a people's deputy of Ukraine
according to the procedure determined by law, without filing a resignation from
their position with the Cabinet of Ministers of Ukraine, and continue
exercising their authority as a member of the Cabinet of Ministers of Ukraine
until the commencement of the newly formed Cabinet of Ministers of Ukraine. All
members of the Cabinet of Ministers of Ukraine that stepped down before the
newly elected Verkhovna Rada of Ukraine, or resigned, are dismissed from their
positions at the commencement of the newly formed Cabinet of Ministers of Ukraine
(Article 17 of the Law).
According to
Article 18 of the Law, a member of the Cabinet of Ministers of Ukraine (except
for the Prime Minister of Ukraine) can be dismissed from their position by the
Verkhovna Rada of Ukraine:
·
by acceptance of resignation of a member of the
Cabinet of Ministers of Ukraine, based on the resignation note submitted by
them;
·
by proposal of the Prime Minister of Ukraine (for the
Minister of Foreign Affairs of Ukraine and the Minister of Defense of Ukraine,
such proposal is made with approval of the President of Ukraine);
·
by proposal of the President of Ukraine – for the
Minister of Foreign Affairs of Ukraine and the Minister of Defense of Ukraine;
·
by own initiative.
The work of the
Cabinet of Ministers of Ukraine is directed an ensuring the interests of the
Ukrainian People by executing the Constitution and the Laws of Ukraine, acts of
the President of Ukraine, and the Work Program of the Cabinet of Ministers of
Ukraine adopted by the Verkhovna Rada of Ukraine; resolving issues of state
governance in the spheres of economics and finance, social policy, labor and
employment, health care, education, science, culture, sports, tourism,
environmental protection and safety, nature management, legal policy, law and
order, ensuring human and civil rights and freedoms, preventing and
counteracting corruption, and resolving other tasks of domestic and foreign
policy, civil protection, national security, and defense capability (Article 19
of the Law).
The principal
authority of the Cabinet of Ministers of Ukraine is determined in Article 20 of
the Law.
Articles 21 - 24
of the Law provide for the authority of the Cabinet of Ministers of Ukraine in
relations with:
·
ministries and other central bodies of executive
power;
·
the Council of Ministers of the Autonomous Republic of
Crimea and bodies subordinated to it;
·
local state administrations;
·
state-owned business associations, companies,
institutions, and organizations.
The authority of
the Cabinet of Ministers of Ukraine in relations with the President of Ukraine,
the Verkhovna Rada of Ukraine, bodies formed by the Verkhovna Rada of Ukraine,
people's deputies of Ukraine, other state bodies, bodies of local self-government,
and civil groups are determined by Articles 25-40 of the Law.
Chapter IX of the
Law regulates work organization of the Cabinet of Ministers of Ukraine.
According to
Article 46 of the Law, the organizational form of work of the Cabinet of
Ministers of Ukraine is its session. Sessions of the Cabinet of Ministers of
Ukraine are called by the Prime Minister of Ukraine. A session of the Cabinet
of Ministers of Ukraine is considered competent if attended by over half of the
official membership of the Cabinet of Ministers of Ukraine.
The Cabinet of
Ministers of Ukraine, governed by and to the execution of the Constitution and
the laws of Ukraine, acts of the President of Ukraine, and resolutions of the
Verkhovna Rada of Ukraine made according to the Constitution and the laws of
Ukraine, issues binding acts – resolutions and decrees. Normative acts of the
Cabinet of Ministers of Ukraine are issued as resolutions of the Cabinet of
Ministers of Ukraine. Acts of the Cabinet of Ministers of Ukraine on organizational,
administrative and other current matters are issued as decrees of the Cabinet
of Ministers of Ukraine (Article 49 of the Law).
Article 51 of the
Law establishes that resolutions and decrees of the Cabinet of Ministers of
Ukraine are adopted at sessions of the Cabinet of Ministers of Ukraine, by a
majority vote of the official membership of the Cabinet of Ministers of
Ukraine, as determined according to Article 6 of the Law. If the decision draft
receives support of exactly half of the official membership of the Cabinet of
Ministers of Ukraine and a positive vote of the Prime Minister of Ukraine, such
decision is considered adopted.
The procedure for
entry of acts of the Cabinet of Ministers of Ukraine into effect is envisaged
by Article 52 of the Law.
Articles 53 - 57
of the Law determine the following:
·
conditions for remuneration of labor and other
compensation of the Prime Minister of Ukraine;
·
conditions for remuneration of labor and paid leave of
the members of the Cabinet of Ministers of Ukraine;
·
material support of the members of the Cabinet of
Ministers of Ukraine;
·
guarantee of labor rights of the members of the
Cabinet of Ministers of Ukraine;
·
pension support of former members of the Cabinet of
Ministers of Ukraine.
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