15 December 2015, 10:44
At a
Committee meeting on December 10 they stressed that the Law No. 3225 adopted by
the Verkhovna Rada on November 10, 2015 envisions that higher education
institutions under the management of the Ministry of Internal Affairs of
Ukraine, within the funds allocated for their maintenance, are allowed to
introduce posts that are filled by military, policemen or senior officers of
the service of civil protection. The list of these posts, as well as the order
of their filling is approved by the Ministry of Internal Affairs of Ukraine
(Item 3 of Chapter II "Final and Transitional Provisions").
The President of Ukraine considers that transferring by the Law of approval of
the list of posts to be filled by military personnel to the competence of the
Minister of Interior, limits constitutional powers of the Head of State.
The proposals also read that the mentioned provision of the Law does not comply
with the Law "On the National Police," which defines the status of
the police officers and the order of serving in the National Police of Ukraine.
In view of the above, the Head of State offers to reword Item 3 of Chapter II
"Final and Transitional Provisions" of the Law.
The President of Ukraine also points to the fact that Item 10 of Chapter II
"Final and Transitional Provisions" of the Law defines that
operational-investigative cases launched by interior affairs bodies before
November 6, 2015, are subject to closure.
Thus,
the Law, having envisioned the closure of the mentioned operational-investigative
cases, does not establish some order or entities authorized to make appropriate
decisions.
The Head of State, in order to bring the provisions of Item 10 of Chapter II
"Final and Transitional Provisions" of the Law into conformity with
Articles 6, 19 and 120 of the Constitution of Ukraine, which oblige executive
authorities and their officials act within the limits of powers set by the laws
of Ukraine and in a manner envisaged by the laws of Ukraine, offers to put the
Paragraph in a new wording.