21 February 2008, 14:18
The Bill (Reg.No.1445) seeks to establish the legal regime of property necessary for the execution of Authorities by the President of Ukraine, and the procedure for administration of the said property.
During the discussion, Committee Members drew on the relevant conclusion by the Central Scientific Experts' Office within the Administrative and Office Department of The Verkhovna Rada of Ukraine. They noted that State property administration issues, including those related to the property necessary for the operation of The President of Ukraine and other State authorities, have already been regulated in sufficient detail in the provisions on Business Legislation, and primarily The Business Code of Ukraine and the Law ‘On Administration of Facilities in State Property´.
Therefore, the Experts consider adoption of any individual laws on administration of property necessary for the operation of The President of Ukraine, The Verkhovna Rada of Ukraine and The Cabinet of Ministers of Ukraine, inexpedient. The Legal regime of State Property is, or at least should be, the same for all State bodies, and administration of the said property should be exercised using the same principles, states the Conclusion as presented.
The experts feel that the special aspects of the administration of property necessary for the operation of The President of Ukraine shall be defined in the same context as other Supreme Bodies of the State, by adding the respective provisions to the Law ‘On Administration of Facilities in State Property´.
The structure of property used for providing the operation of the State Leader should be defined. The Experts do not uphold the definition in Part 1, Clause 1 of the Bill, attributing any facilities in State Property to those which provide for the operation of The President of Ukraine. The Property defined in the Bill has a clear-cut and special purpose of providing the operation of The President of Ukraine. Therefore the inventory of this property should be limited , together with the profile of businesses that can be established on its basis.
The outcome of the Meeting resulted in a decision to finally resolve the upholding or rejection of this Bill after the Cabinet of Ministers of Ukraine, and the Legal Policy Committee within The Verkhovna Rada of Ukraine, The State Property Fund and The Ministry of Justice, have produced their conclusions on whether this Bill complies with the Constitutional provisions.