New Law Of Ukraine “On The Cabinet Of Ministers Of Ukraine” Adopted By The Parliament

The Parliament of Ukraine has adopted a new Law of Ukraine

"On the Cabinet of Ministers of Ukraine" dated 16 May

2008 (the Law). The Law has great importance for the legal

separation of powers between the highest state authorities.

The Law, which came into effect on 21 May 2008 and abolished

the previous Law of Ukraine "On the Cabinet of Ministers

of Ukraine" dated 21 December 2006, changes the structure

of the Cabinet of Ministers and the way in which it is formed.

It also corrects some discrepancies between the previous law

and the Constitution of Ukraine regarding the appointment of

the Cabinet of Ministers. Some examples of the changes

introduced by the new Law are:

The Parliament, upon the proposal of the Prime Minister

of Ukraine, can now only appoint up to two ministers without

portfolio.

The new Law no longer provides for the Parliamentary

Coalition to propose candidates for the Minister of defence

and the Minister of foreign affairs. It now provides (in

accordance with the Constitution of Ukraine) that these

Ministers should be appointed and discharged by the

Parliament only upon receiving a submission from the

President of Ukraine.

The Government's Programme (which is the programme of

actions the Cabinet of Ministers intends to achieve during

its term in office) should be adopted simultaneously with the

appointment of the Cabinet of Ministers. Such Programme

should be based on the agreed political positions and tasks

of the Parliamentary Coalition.

The Cabinet of Ministers is now strictly required to

ensure the acts of the President of Ukraine are

implemented.

The President of Ukraine has the right to submit a

petition to the Parliament in instances where the Cabinet of

Ministers has failed to fulfil its duties.

In conclusion, the new Law corrects the major discrepancies

between the previous law and other existing Ukrainian

legislation (including the Constitution of Ukraine) and

establishes a procedure for the formation of the Cabinet of

Ministers which is in line with the Constitution of

Ukraine.

This article was written for Law-Now, CMS Cameron

McKenna's free online...