[ad_1]
The law that deprives the majority powers of interim ministers, on Saturday 5 December, was published in the “Voice of Ukraine”.
As of the following day, Sunday, December 6, it comes into effect. OBOZREVATEL discovered what the essence of the document is and what changes.
Decentralization completion law: what will change to act ministers
The Verkhovna Rada adopted the Law “On Amendments to Certain Laws of Ukraine Concerning the Streamlining of Certain Issues of Organization and Activities of Local Self-Government Bodies and Regional State Administrations” on November 17, 2020.
It deals mainly with questions of legal succession in matters of property, obligations and rights. district councils, eliminated by the administrative-territorial reform.
But at the same time, the new law introduces important changes in the law. “On the central organs of the executive power”. So, it deprives almost all powers of acting. ministers in case the vacancy of the minister himself is free.
In particular, the new law establishes that part 4 of article 9 of the law “On central executive bodies” is complemented by the following clause:
“It is prohibited, if the position of minister is vacant, to impose on the first vice minister, vice ministers, the performance of the functions of the minister specified in paragraphs 1 (except the head of the ministry), 2, 5, 7, 8, 9, 11 , 12, 121, 14, 15, 21, 24, 27 of the second part of article 8 of this Law, as well as paragraphs 3, 6, 7, 8, 11, 12, 21 of the second part of article 18 of this law “.
Therefore, the Verkhovna Rada prevents the Cabinet of Ministers avoiding parliament appointing heads of ministries without an official ministerial portfolio (only the government’s vote is needed to appoint an acting minister).
What powers will the ministers act
The new law establishes that if the minister has not been appointed, the first or first deputies in the condition of alternate, in particular, may not:
-
direct a ministry
-
determine the priorities and work plans of the ministry and reports on their implementation, as well as the ways to fulfill the tasks assigned to the department;
-
submit proposals to the Prime Minister on the appointment of Vice Ministers;
-
form, liquidate, reorganize the territorial bodies of the ministry as structural subdivisions that do not have the status of legal persons;
-
sign ministry orders;
-
present proposals to the government in the event of a reasoned refusal by the heads of the region to agree on the appointment of heads of territorial bodies, companies in the scope of ministerial management, to give their consent to the appointment of heads;
-
create, liquidate, reorganize companies within the scope of the ministry’s management, as well as approve their statutes;
-
appointing and dismissing the heads of companies, agencies in the scope of management of the ministry, make decisions on their incentive and disciplinary action;
-
cancel the acts of the territorial organs of the ministry;
-
raise the question of encouraging or disciplining the deputies and secretaries of state of the ministry;
-
determine the functions of the vice ministers and distribute their powers;
-
make decisions about the distribution of ministry funds.
What powers remain with the ministers acting
As of December 6, in the performance, the ministers only have ceremonial powers:
-
raise questions about rank assignment to the Secretary of State;
-
participation of public officials in the consideration of issues;
-
call for meetings;
-
represent the ministry in public relations with other authorities.
Who falls under the law since December 6
Two heads of ministries are governed by the new regulation: Minister of Energy Yuri boyko and Minister of Education Sergey Shkarlet.
Both were appointed to the positions of vice ministers. A clause in the new law deprives them of most of their powers, which is why, within 30 days, the Cabinet of Ministers must present candidates for the position of heads of these departments.
As previously reported by OBOZREVATEL, the European Commission stated in its report that it was disappointed by the inaction of the Cabinet of Ministers regarding the implementation of the green memorandum, which was signed with foreign investors.
