At the meeting they noted that by definition of the subjects of legislative initiative, the aim of this draft law (No.3452) is to initiate carrying out of systemic reform of public service in Ukraine. To achieve this goal, it proposes to create a joint parliamentary-governmental commission for carrying out a comprehensive public service reform in Ukraine. The main task of the said commission is to submit to the Cabinet of Ministers of Ukraine proposals and recommendations concerning a comprehensive reform of public service in Ukraine, perform analysis and control of timeliness, effectiveness and results of the implementation by the Cabinet of Ministers of Ukraine of appropriate measure. At that, the draft recommends that the Cabinet of Ministers of Ukraine carry out functional inspection of government bodies and develop a new organizational and functional model of public service; approve the limit number of employees, new staff lists of government bodies, minimal requirements to professional competence of applicants for public service positions and sizes of salaries; carry-out complete unscheduled certification of working civil servants and organize a competition for occupying vacant positions of civil servants under the new model of public service in Ukraine.
When approving an opinion on the draft resolution, the Committee members took into account the following.
Article 19 of the Constitution of Ukraine envisages one of the fundamental principles of the activity of the government bodies, under which these bodies are obliged to act only on the basis of, within the authority and in a manner envisaged by the Constitution and the laws of Ukraine. Thus, the Verkhovna Rada of Ukraine exercises its authorities in line with the Constitution of Ukraine within its jurisdiction (Article 85) and the procedure of work of the Verkhovna Rada of Ukraine is established by the Constitution of Ukraine and the Regulations of the Verkhovna Rada of Ukraine (Article 83).
In addition, Article 89 of the Constitution of Ukraine stipulates that the Verkhovna Rada of Ukraine for drafting, preparation and prior consideration of the issues within its authority, carrying out control functions in accordance with the Constitution of Ukraine creates from among people's deputies of Ukraine Committees of the Verkhovna Rada of Ukraine, as well as within its authority, may establish temporary special commissions for preparation and prior consideration of the issues and temporary investigative commission to investigate into the issues of public interest.
Thus, the creation by the Verkhovna Rada of Ukraine of a parliamentary-governmental joint commission in not envisaged by the Constitution and the laws of Ukraine, and the function of parliamentary control belongs to the authorities of the Verkhovna Rada committees.
In addition, the Committee members took into account that the Verkhovna Rada of Ukraine adopted in the second reading and as a whole the Law "On Public Service" (in new wording), which exactly envisages a new model of public service in Ukraine and relevant tasks to certain government bodies in connection with systemic reform of this service in line with the specified model.