The Parliament of Ukraine has adopted a new Law of Ukraine "On the Cabinet of Ministers of Ukraine" dated 16 May 2008 (the Law). The Law has great importance for the legal separation of powers between the highest state authorities.
The Law, which came into effect on 21 May 2008 and abolished the previous Law of Ukraine "On the Cabinet of Ministers of Ukraine" dated 21 December 2006, changes the structure of the Cabinet of Ministers and the way in which it is formed. It also corrects some discrepancies between the previous law and the Constitution of Ukraine regarding the appointment of the Cabinet of Ministers. Some examples of the changes introduced by the new Law are:
- The Parliament, upon the proposal of the Prime Minister
of Ukraine, can now only appoint up to two ministers without
portfolio.
- The new Law no longer provides for the Parliamentary
Coalition to propose candidates for the Minister of defence
and the Minister of foreign affairs. It now provides (in
accordance with the Constitution of Ukraine) that these
Ministers should be appointed and discharged by the
Parliament only upon receiving a submission from the
President of Ukraine.
- The Government's Programme (which is the
programme of actions the Cabinet of Ministers intends to
achieve during its term in office) should be adopted
simultaneously with the appointment of the Cabinet of
Ministers. Such Programme should be based on the agreed
political positions and tasks of the Parliamentary
Coalition.
- The Cabinet of Ministers is now strictly required to
ensure the acts of the President of Ukraine are
implemented.
- The President of Ukraine has the right to submit a
petition to the Parliament in instances where the Cabinet of
Ministers has failed to fulfil its duties.
In conclusion, the new Law corrects the major discrepancies between the previous law and other existing Ukrainian legislation (including the Constitution of Ukraine) and establishes a procedure for the formation of the Cabinet of Ministers which is in line with the Constitution of Ukraine.
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The original publication date for this article was 13/06/2008.