Government of Ukraine

The Cabinet of Ministers of Ukraine (Ukrainian: Кабінет Міністрів України, Kabinet ministriv Ukrayiny; shortened to CabMin), commonly referred to as the Government of Ukraine (Ukrainian: Уряд України, Uryad Ukrayiny), is the highest body of state executive power in Ukraine.[2] As Cabinet of Ministers of the Ukrainian SSR, it was formed on 18 April 1991, by the Law of Ukrainian SSR No.980-XII. Vitold Fokin was approved the first Prime Minister of Ukraine.

Government of Ukraine
Ukrainian: Уряд України
Cabinet of Ministers of Ukraine
Ukrainian: Кабінет Міністрів України
Government seal
Overview
State Ukraine
LeaderPrime Minister
Appointed byUkrainian parliament
(Prime Minister's proposal)
Main organCabinet of Ministers
Ministries17
Responsible toPresident and Parliament
HeadquartersGovernment Building
Hrushevsky Street, Kyiv[1]
Websitewww.kmu.gov.ua

The Cabinet is a collegiate body consisting of the Cabinet's "presidium" composed of the Prime Minister of Ukraine and his Vice Prime Ministers as well as other ministers who participate and vote on sessions of the Cabinet. The Prime Minister presides over the Cabinet. Some Vice Prime Ministers may be appointed as the first vice prime ministers. Unlike the Soviet period of the government when presidium was actually a functioning institution, the current government presidium is nominal and vice prime ministers do not have much advantage over other ministers. All government decisions are being voted for and adopted at the sessions of the Cabinet by ministers only or heads of central offices of executive authority with ministerial status. The Secretariat of Cabinet of Ministers ensures the operations of the cabinet, while the National Agency of Ukraine for Civil Service provides human resources of government officials.

The basic unit of government administration in Ukraine is a central office of executive authority (central executive office) which may be granted ministerial status. Each such central office of executive authority is chaired by its head (holova). Many central offices of executive authority without ministerial status may be part of government ministry, while other function separately or support either President of Ukraine or Verkhovna Rada (parliament). Central offices of executive authority without ministerial status are designated either as services, agencies, or inspections. Selected central offices of executive authority are granted a "special status". Only very few central executive offices are designated as funds, committees or otherwise.

The current Cabinet of Ministers of Ukraine is the Shmyhal Government that was formed on 4 March 2020, led by Denys Shmyhal.[3]

Scope

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. Each ministry is in charge of other government sub-departments. There are three basic types of government sub-departments known as "central offices (organs) of executive authority": services, agencies, inspections. Beside the basic government sub-departments there also other government sub-departments which were granted a special status. Among such sub-departments there are various government committees, government commissions, government funds, and other institutions. Sub-departments may be elevated to ministerial status by their reorganization and, vice versa, government ministries may degraded to sub-departments (e.g. Ministry of Emergencies was degraded to a sub-department of the Ministry of Internal Affairs).

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[4] 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 25 February 1992 by the Presidential Decree (#98). The Secretariat of Cabinet of Ministers (or Minister of the Cabinet of Ministers) supports the effective operation of the government.[5] Structural part of the secretariat is also the office of the Prime Minister of Ukraine.

Public relations

Parts of Cabinet meetings are broadcast live on Ukrainian TV.[6]

Since August 2016, Ukrainians can sign and submit electronic petitions to the Cabinet of ministers of Ukraine "to (assist with) the formation of the priorities of state policy and management decision-making".[7] To be considered, the petition must get at least 25,000 votes three months from the date of publication.[7] Ukraine authorities are on hold to tell for the next election

Reforms and "optimizations"

According to Oleksandr Zapadynchuk, the process of establishing of administrative system in already independent Ukraine started in spring of 1991 when there was created the Cabinet of Ministers of Ukraine (in place of the Council of Ministers of the Ukrainian SSR) and were appointed new members of government as well as formed new government office.[8] Until adaptation of Constitution of Ukraine in 1996, the government of Ukraine was ruled by the 1978 Constitution of Ukraine (the Ukrainian SSR).[8] Also, the 1978 Constitution ruled that the President of Ukraine (an office created in 1991) is a head of state and a head of government (executive power) (Article 114-1).[9][8] At the same time, the government headed by prime-minister de facto remained independent detached from the President a state institution which had to function governed by own program.[8]

Duties and authority
Government Building, 12/2, Hrushevsky Street, Kyiv, Ukraine[10]

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 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.

Authority

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 15 September 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.

Heads of regional government (including Presidential representative of Ukraine in Crimea) are appointed by the President of Ukraine on the submission of the Cabinet of Ministers for the term of office of the Head of the State[11]

Appointment and dismissal

The Verkhovna Rada (Ukraine's parliament) has five days to approve the Prime Minister after the President proposes a candidate.[12] A vote in Parliament is required to approve or dismiss any government minister.[13] The President or one-third of members of parliament can initiate vote of no confidence, but only once in a parliament session.[14]

The entire Cabinet has to be dismissed following the Prime Minister's resignation.[15] But a Cabinet's resignation cannot be considered within a year of the Cabinet's approval of its program of activities, meaning a Cabinet dismissal can not done in its first year of existence.[16]

The President can order the Cabinet to carry out its duties until a new Cabinet begins to work.[15] But then it will only be able to implement its duties for no more than 60 days.[17]

The composition of Cabinet is determined by the Parliament of Ukraine on the petition of the Prime Minister of Ukraine (with exception of Minister of Defence and Minister of Foreign Affairs, which candidates are proposed by the President). 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.

The Verkhovna Rada terminates the powers of members of parliament appointed to the Cabinet of Ministers.[18]

On 17 November 2020 the Verkhovna Rada set the time period for the temporary performance of minister's (Acting ministers) duties to 30 days.[19]

2004 Constitutional amendments

The 2004 Constitutional amendments are also erroneously known as the 2004 Constitution of Ukraine. The following amendments were procedurally adopted however as amendments rather than as constitution which requires approval of 2/3 parliament.

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).[20] A February 2010 law on the parliament's regulations does demand both a decision by the factions and 226 signatures by members of parliament.[21] On 1 October 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).[22][23] In February 2014 the parliament passed a law that reinstated the 2004 amendments of the constitution.[24] 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.[25]

Other Central Offices (Agencies) of Executive Authority

Presidential state agencies
See also: President of Ukraine

Separate central offices (agencies) of Executive Authority

National commissions (regulatory agencies)

Cabinet
Ukraine
This article is part of a series on the
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Constitution
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Executive
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Elections
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See also
 Ukraine portal
Main article: Shmyhal Government
Nominating
party key		 Servant of the People
Presidential nominations President Volodymyr Zelensky
Logo Office Incumbent[26]
Prime Minister Denys Shmyhal
Vice Prime Minister (European integration) Vadym Prystaiko (4 March 2020 – 4 June 2020)
Olha Stefanyshyna (since 4 June 2020)[27]
Vice Prime Minister Oleh Urusky (since 16 July 2020)[28]
Minister of Strategic Industries[29]
Vice Prime Minister Mykhailo Fedorov[lower-alpha 1]
Minister of Digital Transformation
Vice Prime Minister Oleksii Reznikov
Minister on issues of Reintegration of Occupied Territories
Minister of Internal Affairs Arsen Avakov
Minister of Foreign Affairs Dmytro Kuleba
Ministry for Veterans Affairs Serhiy Bessarab (until 16 December 2020[31])
Yulia Laputina (since 18 December 2020[32])
Ministry of Youth and Sports Vadym Hutsait
Minister of Finance Ihor Umansky (4 March 2020 – 30 March 2020)
Serhiy Marchenko (since 30 March 2020)
Minister of Infrastructure Vladyslav Krykliy[lower-alpha 2]
Minister of Social Policy Maryna Lazebna
Minister of Justice Denys Maliuska[lower-alpha 3]
Minister of Defence Andriy Taran
 Minister of Healthcare Illia Yemets (4 March 2020 – 30 March 2020)
Maksym Stepanov (since 30 March 2020)
Minister of Education and Science Yuriy Poliukhovych (acting 4 March 2020 – 25 March 2020)
Liubomyra Mandziy (acting 25 March 2020 – 25 June 2020)
Serhiy Shkarlet (acting to 17 December 2020[35][36])
Ministry of Energy Generation Vitaliy Shubin (acting 11 March 2020 – 16 April 2020)[37]
Olha Buslavets (acting minister 16 April 2020 – 20 November 2020)[37]
Yuriy Boyko (acting minister 20 November 2020 – 21 December 2020)[38]
Yuriy Vitrenko (acting minister since 21 December 2020)[39]
Ministry of Protection of the Environment Roman Abramovsky (since 19 June 2020)[40]
Minister of Economic Development and Trade Pavlo Kukhta (acting 4 March 2020 – 17 March 2020)
Ihor Petrashko (since 17 March 2020)
Minister of Agrarian Policy and Food Roman Leshchenko (since 17 December 2020[41])
Minister of Development of Communities and Territories Oleksiy Chernyshov
Minister of Culture and Information Policy Svitlana Fomenko (acting 10 March 2020 – 4 June 2020)
Oleksandr Tkachenko (since 4 June 2020)[42]
Minister of the Cabinet of Ministers Oleh Nemchinov

Government press media

Previous (historic) executive assemblies

Alternative governments

Former and originally established ministries
Further information: Government ministries of Ukraine

Notes
  1. Fedorov is a non-partisan member of Ukrainian parliament and government.[30]
  2. Krykliy is a non-partisan member of Ukrainian parliament and government.[33]
  3. Maliuska is a non-partisan member of Ukrainian parliament and government.[34]

References
  1. "Official CMU website. Address". March 2017.
  2. "Article 116". Wikisource. Archived from the original on 25 March 2007. Retrieved 23 December 2007.
  3. Talant, Bermet (6 March 2020). "Hasty government reshuffle sows disquiet at home, abroad". Kyiv Post.
  4. "Yanukovych dismisses Sivkovych and Slauta as vice-premiers".
  5. Yanukovych appoints new Cabinet of Ministers, Kyiv Post (24 December 2007)
  6. First National Channel to broadcast governmental meetings, Kyiv Post (19 May 2010)
  7. Ukrainians can submit e-petitions to Cabinet from Aug 29, UNIAN (29 August 2016)
  8. Zapadinchuk, O.P. Optimization of the central executive authorities in the context of administrative reform. National Academy for Public Administration
  9. The 1978 Constitution of Ukraine. Verkhovna Rada.
  10. "Official CMU website. Building address". March 2017.
  11. Ukraine's govt approves dismissal of Odesa region governor Stepanov, disloyal to Poroshenko, 112 Ukraine (10 April 2019)
  12. Azarov out for now or out for good as prime minister?, Kyiv Post (3 December 2012)
  13. Political Explainer: Ukraine’s System of Government, VoxUkraine
  14. http://zakon3.rada.gov.ua/laws/show/794-18
  15. NSDC secretary sees Azarov as likely candidate for premiership, Kyiv Post (3 December 2012)
  16. (in Ukrainian) Tymoshenko wants change of power: "Let them return to their 95s", Ukrayinska Pravda (16 January 2020)
  17. Serhiy Arbuzov to head Ukraine govt pending premier's appointment, Interfax-Ukraine (6 February 2014)
  18. Rada terminates mandates of Yatsenyuk, eight members of parliament appointed ministers, Kyiv Post (2 December 2014)
  19. "Buslavets remains Deputy Minister of Energy (Буславець залишається заступницею Міністра енергетики)". Ukrayinska Pravda (in Ukrainian). 20 November 2020. Retrieved 20 November 2020.
  20. Excerpt from April 12 press conference, Responsibility. Lawfulness. People’s Choice Archived 14 October 2008 at the Wayback Machine, Press office of President Victor Yushchenko (12 April 2007)
  21. Factions' approval, 226 signatures needed to form coalition in Ukraine's parliament, Kyiv Post (12 February 2010)
  22. Summary to the Decision of the Constitutional Court of Ukraine No. 20-rp/2010 dated 30 September 2010 Archived 26 March 2012 at the Wayback Machine
  23. Update: Return to 1996 Constitution strengthens president, raises legal questions, Kyiv Post (1 October 2010)
  24. Ukrainian parliament reinstates 2004 Constitution, Interfax-Ukraine (21 February 2014)
  25. Rada dismisses Constitutional Court judges appointed from its quota, proposes acting president and congress of judges dismiss the rest, Interfax-Ukraine (24 February 2014)
  26. A New Government for Ukraine: One Female Minister and "Indispensable" Arsen Avakov, Hromadske.TV (4 March, 2020)
  27. Rada with 255 votes backs appointment of Stefanyshyna as deputy PM for European Integration, Interfax-Ukraine (4 June 2020)
  28. Urusky appointed Ukraine's deputy PM, minister for strategic industrial sectors, UNIAN (16 July 2020)
  29. (in Ukrainian) A new ministry has appeared in Ukraine, Ukrayinska Pravda (22 July 2020)
  30. Mykhailo Fedorov. Central Election Commission.
  31. (in Ukrainian) The council fired the veterans' minister, Ukrayinska Pravda (16 December 2020)
  32. Laputina appointed as Ukraine’s minister for veterans afffairs, Ukrinform (18 December 2020)
  33. Vladyslav Krykliy. Central Election Commission.
  34. Denys Maliuska. Central Election Commission.
  35. Shkarlet appointed Ukraine's education minister, Ukrinform (17 December 2020)
  36. (in Ukrainian) Plagiarist and lover of expensive cars at public expense Scarlett became acting Minister of Education and Science, Ukrayinska Pravda (25 June 2020)
  37. Ukraine's government appoints Olha Buslavets acting energy minister, UNIAN (16 April 2020)
  38. Cabinet goes for top reshuffle in energy ministry, UNIAN (20 November 2020)
  39. (in Ukrainian) The government appointed Vitrenko acting Minister of Energy, Ukrayinska Pravda (21 December 2020)
  40. Ukraine's parliament backs appointment of new environment minister, UNIAN (19 June 2020)
  41. Parliament appoints Leshchenko as agricultural policy minister, Ukrinform (17 December 2020)
  42. Ukraine's new culture minister vows to sell stake in Odesa Film Studio, UNIAN (4 June 2020)
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