21 February 2008, 18:17
The review was forwarded to The President of Ukraine, Chairman of The Verkhovna Rada of Ukraine, Prime Minister, Secretary of the National Security and Defence Council, Commissioner for Human Rights in The Verkhovna Rada of Ukraine, and The Prosecutor General of Ukraine.
Having scrutinized a number of Laws within the Committee's remit, and elaborating on the conclusions produced by the Central Scientific Experts' Office, the Committee revealed the facts falling outside Constitutional and legal limits, related to the operation of State Institutions.
The Committee upheld the conclusion by the Chamber of Audit on the Law, ‘On The State Budget of Ukraine 2008 and Amendments to Several Legislative Acts of Ukraine', stating its non-compliance with several provisions of The Constitution of Ukraine, Budget Code of Ukraine, other legislative acts, and rulings of the Constitutional Court of Ukraine.
The findings of the Committee state: ‘Contrary to Articles 22 and 48 of The Constitution of Ukraine, Section II of the Law has suspended the provisions of more than 100 Laws of Ukraine, reducing labour remuneration levels and the social protection of several categories of employees, and imposing limits on preferences granted, compensations, guarantees, retirement benefits, social aid, child benefits for families, and other allowances for specified categories of the population, thus limiting their Constitutional right to an appropriate standard of living´.
The Committee draws attention to the fact that this Law has capped, as of 1 January 2008, the level of retirement benefits paid to categories of citizens who exercise State functions in positions of special status, and namely: servicemen, scientists and research and educational staff, civil servants, Prosecutor´s office staff, etc.
The Committee points out that several provisions of the Bill ‘On The Cabinet of Ministers´ (Reg. No.1312), introduced by The President of Ukraine, are either in conflict with the Constitution and other Laws and rulings of the Constitutional Court of Ukraine, or require additional substantiation and deliberation. ‘The nature of amendments proposed to the current Law testifies to attempts to extend The President´s Authorities through limiting the prerogative of the Government and Parliament´.
The Committee took heed of the text of provisions on the dismissal of Ministers of Foreign Affairs and Defence, reading that the relevant representation shall be made by The Prime Minister ‘in agreement with The President of Ukraine´, yet stating nothing about the possible dismissal of the said Ministers, initiated by The Verkhovna Rada.
At the same time. The Constitutional Court of Ukraine has explained in its ruling, dd 11 December 2007, that no representation from the State Leader is required for dismissal of the Prime Minister, Minister of Foreign Affairs, and Minister of Defence, since ‘under The Constitution of Ukraine, the Authorities of The Verkhovna Rada of Ukraine are set out in explicit detail in The Constitution of Ukraine, making adoption of any Laws establishing the above Authorities impossible´.
According to the findings, ‘Provisions of Clause 28 of the Bill, with regard to relations amongst The Cabinet of Ministers of Ukraine and the National Security and Defence Council of Ukraine and the Presidential Secretariat, and the delegation of Government members to advisory, consultative and other auxiliary services set up by The President to execute his authorities, actually place the National Security and Defence Council above the Government, which is not in line with The Constitution of Ukraine'.
‘The Bill, ‘On Amendments to the Law of Ukraine, ‘On Local State Administrations´, remitted by The President, purports that ‘The Head of the Regional State Administration can be included in the Membership of the National Security and Defence Council through a Presidential decision. This is a discrepancy with Clause 6 of the Law of Ukraine ‘On the National Security and Defence Council´ allowing for only the Chief Officials of Central Executive Authorities to be included in the National Security and Defence Council. (By the way, the President of the National Academy of Sciences of Ukraine has recently been approved as a Member of this Council)´.
The Committee pointed out the adopted practice of appointing Acting Officials to important State positions, without limiting the period of their office in this status, which allows evasion of the procedure for resolving important personnel matters as set out in The Constitution.
As an example of the above, the Committee mentions The Security Service of Ukraine, with its Acting Head in place since December 2006. During 2007, seven Deputy Heads were replaced, one after another. 'This can lead to a dangerous impairment of professionalism in the operation of this extremely important State body´.
The Committee reviewed the Bill ‘On The National Guard of Ukraine´ proposing the establishment of the National Guard of Ukraine, on the basis of Internal forces at the Ministry of Foreign Affairs, reporting directly to The President, and assigned with wide-ranging authorities.
A relevant decision on the latter was taken by the Committee.
The Review stresses the dangers of the Presidential proposal to change the status of National Committees regulating natural monopolies, the State Frontier Service, the State Special-Purpose Communications and Information Protection Service, and the Central Executive Authority in the area of Financial Service Markets regulation. The relevant Bill, introduced by The President, proposes to deprive the above bodies of the Central Executive Authority status, which is not in line with Part 1, Article 6, of The Constitution of Ukraine, securing the principle of division of State Power in Ukraine into legislative, executive and judicial branches.
At the same time. The President seeks to secure his right to appoint the Chief Officials to the said bodies, and approve their Regulation. The current Constitution does not provide for this right.
The Committee also reviewed a number of Edicts by The President of Ukraine and pointed out those that violate the current Law. These are, ‘On Comprehensive Examination of the Operation of the Ministry of Defence of Ukraine, and current Mobilization readiness of the Armed Forces of Ukraine´ dd 6 February 2009; and Edict No. 1294 on setting up the National Constitutional Council.
The Committee states in its conclusion that the systematic violation of The Constitution and Laws of Ukraine by the Authorities, creates a danger to the National Security of the State, and contributes to degeneration of the Power image, and growing judicial nihilism among the masses.