Cabinet of Ukraine
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Coordinates: The Cabinet of Ministers of Ukraine (Ukrainian: Кабінет Міністрів України, Kabinet ministriv Ukrayiny) is the highest body of state executive power in Ukraine also referred to as the Government of Ukraine (Ukrainian: Уряд України, Uryad Ukrayiny). The first modern national government of Ukraine was established in 1917 as the regional government of the Russian Republic - General Secretariat.
The Cabinet is a collegiate body consisting of the Cabinet's presidium composed of five individual and several ministries that are represented by their respective minister. Some ministries maybe headed by members of the Cabinet presidium (Vice Prime Ministers). The presidium of Cabinet is composed of the Prime Minister of Ukraine who presides over the Cabinet and who is assisted by his First Vice Prime and other Vice Prime ministers. The Secretariat of Cabinet of Ministers ensures the operations of the cabinet.
- 1 Scope
- 2 Duties and authority
- 3 Appointment and dismissal
- 4 Other Central Bodies of Executive Power
- 5 Cabinet
- 6 Previous executive assemblies
- 7 Alternative governments
- 8 References
- 9 External links
The number of ministries in the cabinet has changed over time, some ministries were abolished, others combined with others or degraded to state committees or agencies. The Cabinet is responsible to the President of Ukraine and is under the control and being held accountable to the Verkhovna Rada (Ukrainian parliament). It consists of the Prime Minister, the First Vice-Prime Minister, three Vice-Prime Ministers, and other Ministers, who head their assigned Ministries (departments). At one point of time there also was an institute of "state ministries" that was majorly abolished on February 25, 1992 by the Presidential Decree (#98). The Secretariat of Cabinet of Ministers supports the effective operation of the government. Structural part of the secretariat is also the office of the Prime Minister of Ukraine.
The duties of the cabinet of ministers are described in the Article 116 of the Constitution of Ukraine. Members of the government (cabinet) are citizens of Ukraine, who have the right of vote, higher education, and possess the state language (Ukrainian language). The members of the government cannot have judgement against them that has not been extinguished and taken away in the established legal order. Members of the Cabinet and chief officers of central and local bodies of executive power may not combine their official activity with other work, except teaching, scholarly and creative activity outside of working hours, and/or to be members of an administrative body or board of supervisors of an enterprise that is aimed at making profit. In case if a People's Deputy of Ukraine was appointed to the Cabinet of Ministers of Ukraine he or she resigns as a member of parliament and his/hers letter of resignation is reviewed immediately at the next session of the Ukrainian parliament.
At the sessions of the Cabinet may participate the President of Ukraine or his representative. During the plenary sessions of the Ukrainian parliament People's Deputies of Ukraine have the Time of questions to the Government during which the whole Cabinet participates and answers to all queries of members of parliament.
The Cabinet issues resolutions and orders that are mandatory for execution. Normative legal acts of the Cabinet, ministries, and other central bodies of executive power are subject to registration. Failure to register invalidates the act. (see Article 117) The Cabinet also possesses the power of legislative initiative and may introduce its own bills to the parliament (Verkhovna Rada). The members of Cabinet and deputy ministers may be present at the sessions of the parliament and participate in discussions. Every year no later than September 15 the Cabinet submits a bill on the State Budget of Ukraine to the Verkhovna Rada.
The sessions of the Cabinet are considered plenipotentiary if more than a half of the Cabinet's members participate in them. In case if a minister cannot participate at the sessions he or she may be replaced by a deputy with a consultative capacity. On propositions of other members of the Cabinet a consultative capacity may be awarded to other participants who allowed at the sessions of the Cabinet. Over the sessions presides the Prime Minister of Ukraine, while in his(hers) absent - the First Vice Prime Minister.
The decisions of the Cabinet are adopted by the majority of the Cabinet's composition. In case of votes equality the vote of the Prime Minister is considered to be decisive.
Appointment and dismissal
The Verkhovna Rad (parliament) has five days to approve the Prime Minister after the President proposes a candidate. A vote in parliament is required to approve the Prime Minister, but ministerial appointments do not need such a vote. The President can dismiss any government minister or deputy minister unilaterally at any time.
The entire Cabinet has to be dismissed following the prime minister's resignation.
The composition of Cabinet is determined by the President of Ukraine on the petition of the Prime Minister of Ukraine. The legislation on Labor and State Service do not cover regulations of Cabinet's members. Positions of Cabinet of Ministers are political and are regulated by the Constitution of Ukraine and the Law of Ukraine on the Cabinet of Ministers of Ukraine.
2004 Constitutional amendments
Under the terms of Article 83 of Ukraine's Constitution a governing coalition needs to be formed by factions (rather than by individuals) that represent a majority of the parliament (Verkhovna Rada), a "coalition of parliamentary factions" (Ukrainian: Коаліція парламентських партій). A February 2010 law on the parliament's regulations does demand both a decision by the factions and 226 signatures by Members of Parliament. On October 1, 2010, the Constitutional Court of Ukraine declared the constitutional amendments of 2004 illegal, thus abolishing the principle of coalition creation in the parliament (Constitution of Ukraine). In February 2014 the parliament passed a law that reinstated the 2004 amendments of the constitution. Three days later they also terminated the powers of five judges of the Constitutional Court of Ukraine appointed from the parliament's quota, for violating their oath.
Other Central Bodies of Executive Power
- Anti-Monopoly Committee (Ukraine) - Vasyl Tsushko
- Fund of State Property (Ukraine) - Oleksandr Ryabchenko
- State Committee in Television and Radio-broadcasting (Ukraine) - Oleksandr Kurdinovych
- National Agency of the State Service - Viacheslav Tolkovanov
- Administration of the State Special Communications Service of Ukraine -
- State Border Service of Ukraine - Mykola Lytvyn (special authorization)
- National Space Agency of Ukraine - Yuriy Alekseyev (special authorization)
- National Bank of Ukraine - Serhiy Arbuzov (specific central institution of state government)
- Secretariat of Cabinet of Ministers - Kostyantyn Lyubchenko (supporting agency of the Cabinet)
- Central Election Commission of Ukraine
- National Council for Television and Radiobroadcasting (Ukraine) (nrada.gov.ua)
- General Prosecutor of Ukraine - Vitaly Yarema
Previous executive assemblies
- People's Secretariat (1917–18)
- Council of People's Commissars (Ukraine) (1919–46)
- Council of Ministers of the Ukrainian SSR (1946–91)
- "Article 116". Wikisource. Archived from the original on March 25, 2007. Retrieved 2007-12-23.
- Yanukovych dismisses Sivkovych and Slauta as vice-premiers
- Yanukovych appoints new Cabinet of Ministers, Kyiv Post (24 December 2012)
- First National Channel to broadcast governmental meetings, Kyiv Post (May 19, 2010)
- Azarov out for now or out for good as prime minister?, Kyiv Post (3 December 2012)
- Yanukovych dismisses Sivkovych and Slauta as vice-premiers, Kyiv Post (October 13, 2010)
- Parliament adopts new law on cabinet complying with 1996 Constitution, Kyiv Post (October 7, 2010)
- NSDC secretary sees Azarov as likely candidate for premiership, Kyiv Post (3 December 2012)
- Serhiy Arbuzov to head Ukraine govt pending premier's appointment, Interfax-Ukraine (6 February 2014)
- Excerpt from April 12 press conference, Responsibility. Lawfulness. People’s Choice, Press office of President Victor Yushchenko (April 12, 2007)
- Factions' approval, 226 signatures needed to form coalition in Ukraine's parliament, Kyiv Post (February 12, 2010)
- Summary to the Decision of the Constitutional Court of Ukraine No. 20-rp/2010 dated September 30, 2010 http://www.ccu.gov.ua/doccatalog/document?id=122826
- Update: Return to 1996 Constitution strengthens president, raises legal questions, Kyiv Post (October 1, 2010)
- Ukrainian parliament reinstates 2004 Constitution, Interfax-Ukraine (21 February 2014)
- Rada dismisses Constitutional Court judges appointed from its quota, proposes acting president and congress of judges dismiss the rest, Interfax-Ukraine (24 February 2014)
- Maidan nominates Yatseniuk for prime minister, Interfax-Ukraine (26 February 2014)
Ukrainian parliament endorses new cabinet, Interfax-Ukraine (27 February 2014)
- MPs agree to Yarema's appointment as prosecutor general, Interfax-Ukraine (19 June 2014)
- Parliament appoints Klimkin as Ukrainian foreign minister, Interfax-Ukraine (19 June 2014)
- Maidan's Council agrees candidates for ministers of culture, economy, youth and sports, Interfax-Ukraine (26 February 2014)
- In parliament's approval document listed as "Yevhen Semerak"
- Governmental Portal of Ukraine - official site of the Cabinet of Ministers
- (Ukrainian) 2010 changes to the cabinet of ministers ((English) President launches administrative reform)
- (Ukrainian) The Presidential order of Ukraine 1085/2010 about the optimization of an executive power central bodies ((English) Decree of the President of Ukraine № 1085 of 12.09.2010)
- Presidential decree #179/96 "General declaration about ministry and other government body of executive power" (Official document)
- Law of Ukraine about the Cabinet of Ministers of Ukraine (Official document)