Date of entry into force:
May 17, 2008
(Abstract)
The present Law shall identify the organization,
powers and the procedure for activities of the Cabinet of Ministers of Ukraine.
The Cabinet of Ministers of Ukraine (the
Government of Ukraine) shall be the highest body in the system of bodies of
executive power. The Cabinet of Ministers of Ukraine shall exercise 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. The Cabinet of Ministers of Ukraine shall guide, coordinate
and oversee the operation of these bodies.
According to Article 6 of the present Law,
activities of the Cabinet of Ministers of Ukraine shall be based on the
principles of the rule of law, legality, the separation of state powers,
continuity, joint leadership, joint responsibility, openness, and transparency.
The Cabinet of Ministers of Ukraine shall
consist of the Prime-Minister of Ukraine, the First Vice-Prime-Minister of
Ukraine, Vice-Prime-Ministers of Ukraine, and Ministers of Ukraine.
According to Article 8 of the present Law, the
Prime-Minister of Ukraine shall be appointed to their office by the Verkhovna
Rada of Ukraine upon the suggestion of the President of Ukraine.
Article 9 of the present Law shall specify that
members of the Cabinet of Ministers of Ukraine, except for the Prime-Minister
of Ukraine, the Minister of Defense of Ukraine and the Minister of Foreign
Affairs of Ukraine, shall be appointed to their offices by the Verkhovna Rada
of Ukraine upon the suggestion of the Prime-Minister of Ukraine. The Minister
of Defense of Ukraine and the Minister of Foreign Affairs of Ukraine shall be
appointed to their offices by the Verkhovna Rada of Ukraine upon the suggestion
of the President of Ukraine.
According to Article 12 of the present Law, the
Cabinet of Ministers of Ukraine shall abdicate its powers to the newly-elected
Verkhovna Rada of Ukraine. The application on the abdication of powers of the
Cabinet of Ministers of Ukraine shall be submitted by the Prime-Minister of
Ukraine or an individual acting in their capacity and fulfilling their job
responsibilities, and shall be read out at the first plenary session of the
newly-elected Verkhovna Rada of Ukraine.
Article 15 of the present Law shall establish
that the Prime-Minister of Ukraine shall have the right to announce their
resignation to the Verkhovna Rada of Ukraine. The Verkhovna Rada of Ukraine
shall examine the issue of the resignation of the Prime-Minister of Ukraine not
later than on the tenth day after the receipt of the letter of resignation, if
such a letter of resignation was received at the time of a regular session of
the Verkhovna Rada of Ukraine and not later than the first plenary week of the
next regular session when such a letter of resignation is received in the
inter-session period.
According to Article 18 of the present Law, a
member of the Cabinet of Ministers of Ukraine (except for the Prime-Minister of
Ukraine) may be dismissed from their office by the Verkhovna Rada of Ukraine:
upon the suggestion of the Prime-Minister of
Ukraine (with respect to the Minister of Defense of Ukraine and the Minister of
Foreign Affairs of Ukraine, such a suggestion shall be made with the agreement
of the President of Ukraine);
upon the suggestion of the President of Ukraine,
as regards the Minister of Defense of Ukraine and the Minister of Foreign
Affairs of Ukraine;
upon their own
initiative;
by way of accepting resignation of a member of
the Cabinet of Ministers of Ukraine based on a letter of resignation submitted
by such a member.
Activities of the Cabinet of Ministers of
Ukraine shall aim at providing for the interests of the Ukrainian People by way
of fulfilling the Constitution of Ukraine and Ukrainian laws, and also acts of
the President of Ukraine, resolutions of the Verkhovna Rada of Ukraine, as well
as the Action Program of the Cabinet of Ministers of Ukraine approved by the
Verkhovna Rada of Ukraine, tackling issues of public administration in the area
of economy and finance, social policy, labor and employment, healthcare,
education, science, culture, sports, tourism, environmental protection,
environmental safety, and nature management, legal policy, legality, the
support for human and civil rights and freedoms, the combat against corruption,
tackling other issues of domestic and foreign policy, civil protection,
national security, and defensive capacity (Article 19 of the present Law).
Article 26 of the present Law shall establish
that the Cabinet of Ministers of Ukraine shall be accountable to the President
of Ukraine. The President of Ukraine shall have the right to submit a proposal
to the Verkhovna Rada of Ukraine for considering the issue of the
accountability of the Cabinet of Ministers of Ukraine. The Cabinet of Ministers
of Ukraine shall provide for the fulfillment of acts of the President of
Ukraine.
According to the Constitution of Ukraine, the
Cabinet of Ministers of Ukraine shall have the right of legislative initiative
in the Verkhovna Rada of Ukraine. The Cabinet of Ministers of Ukraine shall
submit draft laws to the Verkhovna Rada of Ukraine for examination according to
the requirements of the Rules of Order of the Verkhovna Rada of Ukraine.
According to Article 31 of the present Law, the
Cabinet of Ministers of Ukraine shall, not later than March 1 of the year
preceding the planned budget year, approve a Declaration of State Budget Goals
and Objectives for the next budget year (a Budget Declaration) that shall be
used for developing a draft law on the State Budget of Ukraine for the relevant
year. The Cabinet of Ministers of Ukraine shall, within the deadlines
established by the Budget Code of Ukraine and on the basis of the Budget
Declaration, develop and submit to the Verkhovna Rada of Ukraine a draft of the
Key Areas for Budget Policy for the next budget period. The Prime-Minister of
Ukraine or, upon their instruction, the Minister of Finance of Ukraine shall
deliver a report on the Key Areas for Budget Policy for the next budget period
at the parliamentary hearings in the Verkhovna Rada of Ukraine.
The Cabinet of Ministers of Ukraine or members
of the Cabinet of Ministers of Ukraine who have received an address or an
inquiry of a National Deputy of Ukraine shall have to provide a response according
to the procedure set forth by the law (Article 35 of the present Law).
Article 37 of the present Law shall stipulate
that, on the days when plenary sessions of the Verkhovna Rada of Ukraine are
held, it shall be necessary to allocate time, on a weekly basis, for questions
to members of the Cabinet of Ministers of Ukraine. The date, duration of and
the procedure for holding “An hour of questions to the Government” shall be
determined by the Rules of Order of the Verkhovna Rada of Ukraine. The Cabinet
of Ministers of Ukraine shall participate in “An hour of questions to the
Government” in banco, except for those members of the Cabinet of Ministers of
Ukraine who cannot be present for a valid reason. At the time when “An hour of
questions to the Government” is held, members of the Cabinet of Ministers of
Ukraine shall answer questions of National Deputies of Ukraine. National
Deputies of Ukraine and deputy factions may notify members of the Cabinet of
Ministers of Ukraine in writing in advance of the questions that shall be put
to them.
Provisions of Article 39 of the present Law
shall envisage that the Cabinet of Ministers of Ukraine may be plaintiff and
defendant in courts of general jurisdiction. Interests of the Cabinet of
Ministers of Ukraine in courts of general jurisdiction shall be represented by
the Ministry of Justice of Ukraine, unless otherwise is envisaged by Ukrainian
laws or acts of the Cabinet of Ministers of Ukraine.
To ensure effective exercise of powers of the
Cabinet of Ministers of Ukraine, coordination of actions of bodies of executive
power, preliminary examination of draft regulatory and legislative documents,
draft concepts and other documents submitted to the Cabinet of Ministers of
Ukraine for examination, Government committees shall be set up. The list of
Government committees and their composition shall be approved by the Cabinet of
Ministers of Ukraine upon suggestion of the Prime-Minister of Ukraine.
Article 50 of the present Law shall specify that
the Secretariat of the Cabinet of Ministers of Ukraine shall provide
organizational, expert and analytical, legal, informational, material, and
technical support for the activities of the Cabinet of Ministers of Ukraine.
The Secretariat of the Cabinet of Ministers of Ukraine shall provide for
preparing and holding sessions of the Cabinet of Ministers of Ukraine,
Government committees and for activities of the Prime-Minister of Ukraine, the
First Vice-Prime-Minister of Ukraine, Vice-Prime-Ministers of Ukraine, and
Ministers of Ukraine that shall not head ministries. The Secretariat of the
Cabinet of Ministers of Ukraine shall oversee timely submission by bodies of
executive power of draft laws, draft acts of the Cabinet of Ministers of
Ukraine, and other documents for their preparation for the examination by the
Cabinet of Ministers of Ukraine and Government committees.
On the basis of and for the purpose of
fulfilling the Constitution of Ukraine and Ukrainian laws, as well as acts of
the President of Ukraine, the Cabinet of Ministers of Ukraine shall issue acts
– resolutions and instructions – that shall be mandatory for implementation.
Regulatory acts of the Cabinet of Ministers of Ukraine shall be issued in the
form of resolutions of the Cabinet of Ministers of Ukraine. Acts of the Cabinet
of Ministers of Ukraine dealing with organizational, administrative and other
current issues shall be issued in the form of instructions of the Cabinet of
Ministers of Ukraine. Acts of the Cabinet of Ministers of Ukraine shall be
signed by the Prime-Minister of Ukraine (Article 52 of the present Law).
According to Article 53 of the present Law, the
right of initiative in the adoption of acts of the Cabinet of Ministers of
Ukraine shall belong to members of the Cabinet of Ministers of Ukraine, central
bodies of executive power, the Council of Ministers of the Autonomous Republic
of Crimea, oblast state administrations, as well as Kyiv and Sevastopol
Municipal State Administrations. The President of Ukraine may initiate the
preparation and adoption of acts of the Cabinet of Ministers of Ukraine. Draft
acts of the Cabinet of Ministers of Ukraine shall be prepared by ministries,
other central bodies of executive power, the Council of Ministers of the
Autonomous Republic of Crimea, oblast state administrations, as well as Kyiv
and Sevastopol Municipal State Administrations.
Resolutions and instructions of the Cabinet of
Ministers of Ukraine shall be adopted at sessions of the Cabinet of Ministers
of Ukraine by way of a majority vote from the official composition of the
Cabinet of Ministers of Ukraine. If a draft decision receives the support of
exactly one-half of the official composition of the Cabinet of Ministers of
Ukraine and the Prime-Minister of Ukraine votes for the relevant draft, the
decision shall be considered as adopted.
According to Article 57 of the present Law,
members of the Cabinet of Ministers of Ukraine shall have the right for annual
vacation lasting for thirty calendar days.
Article 59 of the present Law shall envisage
that the employment period on the position of a member of the Cabinet of
Ministers of Ukraine shall be included in the work record on the civil service,
general work record and uninterrupted work record, work record (service)
according to their profession, work record that shall grant the right for a
percentage-based supplement to their salary and the right to receive a one-time
reward for a long service (for the work record according to their profession at
the given enterprise), the right for a percentage-based supplement for a long
service, and a reward for performance results.
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