Coalition allows president to attend cabinet sessions

Last Friday the Verkhovna Rada adopted amendments to the law “On the Cabinet of Ministers” by a majority of 240 votes. But these are not the amendments the president demanded. Some time ago Viktor Yushchenko, Viktor Yanukovych, and Oleksandr Moroz agreed to consider the president’s eight proposals concerning the cabinet law.

Last Friday, however, parliament discussed amendments that were submitted not by the president but by “anti-crisis coalition” MPs Yurii Miroshnychenko (Party of Regions), Vitalii Shybko (Socialist Party), and Volodymyr Oplachko (Communist Party). In addition, even the accepted presidential amendments were distorted.

According to Roman Zvarych, out of the president’s eight proposals, “one and a half, at best, were accepted.” This includes the president’s right to attend cabinet meetings and a local government issue. The MPs even ignored the recommendations of parliament’s scientific expert department. “They are simply doing some face-lifting, which infringes the president’s rights and after all favors the coalition. This will only exacerbate the conflict between the branches of power,” MP Ruslan Kniazevych noted. “Therefore, in the situation that has emerged in connection with the cabinet law, we must wait for a ruling from the Constitutional Court. Only this court can put an end to the affair.”

By all accounts, we will have to wait quite a long time for this ruling. On Feb. 9 Constitutional Court (CC) chairman Ivan Dombrovsky complained to journalists that the court is extremely overloaded and has yet to pass judgment on about 80 constitutional submissions and queries. “An attempt is being made to push us towards summary justice, but this is an utterly erroneous position: we will consider each case as long as necessary,” Dombrovsky said.

It is easy to agree with the CC head. Politicians have messed things up, and now the 18 constitutional judges must resolve all contradictions and problems. This is an uphill job even for these competent lawyers.

Amendments to the Law “On the Cabinet of Ministers of Ukraine”

“The Cabinet of Ministers of Ukraine shall be deemed ultimately formed and viable on condition that at least two-thirds of the cabinet’s total number of members, established by the Verkhovna Rada of Ukraine, have been sworn in.” In other words, the government will be considered formed if it comprises two-thirds of cabinet members, including the ministers recommended by the President of Ukraine.

“The powers of a cabinet minister shall be terminated if he or she has been relieved of office on recommendation of the parliamentary coalition or the Prime Minister of Ukraine.” In other words, the recommendation on dismissing a minister can be submitted only by the Verkhovna Rada’s coalition of factions.

“The powers of the Minister of Defense and the Minister of Foreign Affairs may be terminated on recommendation of the coalition of the parliamentary faction, the President of Ukraine, or the Prime Minister of Ukraine.” In other words, the recommendation on dismissing a government member can also come from the president and the coalition of the parliamentary faction.

“The government shall appoint and dismiss deputy ministers on the recommendation of ministers.” In other words, ministers can submit a request to dismiss their deputy directly to the cabinet without referring the case to the prime minister.

Deputy ministers of defense and foreign affairs shall be appointed after consultations between the minister in question and the President of Ukraine.

Withdrawn from the law is the clause whereby the Cabinet of Ministers should vet the candidatures of deputy heads of local administrations, who exercise their duties in fields under the cabinet’s jurisdiction.

The government may repeal acts of local administrations if they contravene the Constitution and the laws of Ukraine. However, the former may not repeal acts adopted in pursuance of the powers delegated by local councils.

The President of Ukraine or his/her authorized representative has the right to participate in cabinet meetings.

A person authorized by the President of Ukraine is allowed to participate in a meeting of a governmental committee with the right of a deliberative vote.