The Bill (Reg.No.1312) seeks to align those provisions which define the status of The Cabinet of Ministers of Ukraine as the Supreme Body in the Executive Power System, with The Constitution of Ukraine, and to introduce European principles into the working of The Government.
The Bill proposes to establish a procedure for setting up The Cabinet of Ministers of Ukraine in line with provisions laid down in Articles 83, 106, 114 of The Constitution of Ukraine. This will ensure the realisation of the Constitutional provisions concerning the Representation by The President of Ukraine for the Appointment of The Prime Minister of Ukraine by The Verkhovna Rada of Ukraine. The Bill envisages that ' in the event that the requirements, as laid down in The Constitution of Ukraine and the Law appertaining to the Nomination of a Candidate to the position of Prime Minister of Ukraine, are violated, other grounds as stipulated in The Constitution of Ukraine are apparent, or the proposed Candidate does not meet the requirements, as laid down in this Law, for a Member of The Cabinet of Ministers, The President of Ukraine shall notify The Verkhovna Rada that Representation for the Nominated Candidate therefore cannot be introduced'.
According to the Bill, 'The Minister of Defence, and The Minister of Foreign Affairs of Ukraine are appointed to their positions by The Verkhovna Rada of Ukraine solely on the basis of a Representation from The President of Ukraine.
Also suggested is a mechanism whereby the Candidate for the position of Prime Minister can present an Action Plan for the following Cabinet of Ministers of Ukraine, based on an agreed political stance, and a schedule of tasks of The Coalition of Deputy Factions in The Verkhovna Rada. The Verkhovna Rada´s approval of this Action Plan, presented by The Cabinet of Ministers, shall be timed with the Appointment of The Prime Minister of Ukraine.
The Bill also recommends the strengthening of a Minister´s responsibility for the realization of a relevant policy, and granting him greater operative autonomy. It also requires that Ministers´ First Deputies and Deputies are appointed to their positions based on a Representation by the relevant Minister, and the operation of all Central Executive Authorities, whose Heads are not Members of The Cabinet of Ministers of Ukraine, are directed and coordinated by Ministers. All matters connected with the working of the above Authorities should be presented to The Cabinet of Ministers by the relevant Ministers. The latter should also introduce Representations to The Cabinet of Ministers of Ukraine for the Appointment of First Deputies and Deputies of Chief Officers in the Central Executive Authorities which they coordinate. The Bill further envisages the limiting of the number of Deputy Ministers to one First Deputy and four Deputies.
The Bill regulates matters concerning relations between The Cabinet of Ministers of Ukraine and The President of Ukraine, and The National Security and Defence Council. It also provides for ‘Coordination and monitoring of activities within the realm of The National Security and Defence Executive Authorities shall be carried out by The National Security and Defence Council.
The Cabinet of Ministers shall carry out the Resolutions of The National Security and Defence Council implemented by Edicts of The President of Ukraine.´
The Bill seeks to reinstate Constitutional provisions entitling The President to introduce proposals to The Verkhovna Rada of Ukraine relating to: consideration of the matters of responsibility of The Cabinet of Ministers of Ukraine; obligatory execution by The Cabinet of Ministers of Acts issued by The President of Ukraine; ratifying of relevant Acts of The President of Ukraine by The Prime Minister of Ukraine and the relevant Minister responsible for the Act and its execution; coordination and monitoring of the activities of the Executive Authorities, in the area of National Security and Defence, by The National Security and Defence Council.
The Bill also envisages the inclusion of Members of The Cabinet of Ministers of Ukraine, and Chief Officials of other Executive Authorities, in supporting bodies and services set up by The President of Ukraine, and their involvement, on a voluntary basis, in the working of these bodies and services, where so agreed with The Prime Minister of Ukraine.
Finally, the Bill proposes that the outcome of Termination, by The President of Ukraine, of Acts issued by The Cabinet of Ministers, shall be determined on the basis of Paragraph 15, Part 1 of Article 106 of The Constitution of Ukraine, together with the prevention of any bodies or persons from taking actions for the further execution of Terminated Acts of The Cabinet of Ministers, or the exercising of Authorities set down in these Acts.