How Government works in Ukraine (as of 26.08.2020)
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Government Structure in Ukraine President of Ukraine
Legislative Branch Verkhovna Rada
Executive Branch Cabinet of Ministers
Judicial Branch Courts
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The Verkhovna Rada of Ukraine Ukraine has unicameral parliament, its constitutional composition is 450 MPs (or People's Deputies of Ukraine) who are elected on the basis of general, equal and direct election right by secret ballot for 5 years term.
THE MAIN FUNCTIONS OF UKRAINIAN PARLIAMENT ARE:
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LEGISLATIVE FUNCTION
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REPRESENTATIVE FUNCTION
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CONSTITUENT FUNCTION PARLIAMENTARY OVERSIGHT
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BUDGET FUNCTION
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FOREIGN POLICY LEGISLATION DEVELOPMENT FUNCTION 3
The Verkhovna Rada of Ukraine Due to Constitution of Ukraine the Verkhovna Rada has the following powers: • • • • • • • •
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to introduce amendments to the Constitution of Ukraine; to call the All-Ukrainian referendum; to adopt laws; to approve the State Budget of Ukraine and amend it; to supervise the execution of the State Budget and adopt decisions on reporting concerning its execution. to establish the principles of domestic and foreign policy; to approve national programs for economic, scientific, technical, social, national, and cultural development and protection of the environment; to call elections for the President of Ukraine; to declare war, upon the recommendation made by the President of Ukraine, and make peace, approve a decision of the President of Ukraine on the use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against Ukraine; to remove the President of Ukraine from the office in accordance with a special procedure (impeachment): (See Article 85 of Constitution of Ukraine) 4
The Verkhovna Rada of Ukraine Structure
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The Verkhovna Rada of the ІХ convocation began its work on August 29, 2019 following the preterm parliamentary election, held under the mixed or parallel voting system. Mixed electoral system: • 50% of seats (225 seats) are elected by (national) proportional party lists with a 5% election threshold. • 50% of the seats are elected in 225 constituencies with a first-past-the-post electoral system in one round.
Due to the law “On ensuring the rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine” elections did not take place in 12 Crimean constituencies, 9 constituencies in Donetsk Oblast and 5 constituencies in Luhansk Oblast.
THAT IS WHY 26 SEATS OF THE 450 SEATS IN THE PARLIAMENT REMAIN UNFILLED.
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Today Ukrainian Parliament is composed of 423 MPs (as of 26.08.2020)
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Parliamentary Factions and Groups Ukrainian MPs form deputy factions and groups: as of Aug 26, 2020, six factions and two deputy groups exist at the Parliament. Deputy Faction
Deputy Group
A deputy faction is an association of MPs, that may include: • MPs elected on party electoral list; • MPs nominated by a political party in the single-member districts; • MPs that registered as the candidates at elections through self-promotion ; • MPs nominated by other political party that hasn`t participated in the mandates distribution due to the election results.
A deputy group is an association of unaffiliated MPs (ones that haven`t joined any factions) that share certain common or similar views on public and socio-economic development. Number of MPs in the deputy group shall not be less than the number of MPs in the smallest faction, formed during the first session. Registered deputy group has the same rights, that deputy faction do.
A political party has the right to form only one deputy faction. 8
Parliamentary Factions and Groups In accordance with Regulations of the Verkhovna Rada of Ukraine registered deputy group (faction) obtains the right to: • proportional (based on the number of members) representation in all bodies of the Verkhovna Rada of Ukraine and official parliamentary delegations; • a speech for its representative on all issues of the agenda at a plenary sitting; • parliamentary group (faction) that initiated the issue under the consideration has the right to its representative`s speech after the termination of discussions during the sitting of the Parliament and its bodies. As a member of the deputy faction (group) MP has the right: • to elect and be elected to the governing bodies of the deputy faction (group); • to participate in approving the Regulation on the deputy faction (group); • to propose issues to faction`s (group`s) consideration; • to submit proposals to the matters being discussed at a deputy faction`s (group`s) meeting, participate in discussion 9
Parliamentary Factions and Groups MPs
248 24 44 19 27
Faction|Group name
MPs
Faction of the PARTY “SERVANT OF THE PEOPLE” Faction of the Political party the All-Ukrainian Union “BATKYSHCHYNA” Faction of the Political party “Opposition Platform - For Life”
24 20 17
Faction of the Political party “GOLOS” Faction of the Political party “European Solidarity” (as of 26.08.2020)
Faction|Group name
Group “Party “Za Maibutne” (“For Future”) Group “Dovira” (“Credence”)
Non-affiliated MPs
TOTAL:
423 10
Gender
423 MPs
336
Male MPs
87
Female MPs
Faction of the Political party “GOLOS” Faction of the Political party “European Solidarity” Faction of the Political Party “SERVANT OF THE PEOPLE” Faction of the Political party the All-Ukrainian Union “BATKYSHCHYNA” Faction of the Political party “Opposition Platform - For Life” Group “Party “For Future” Group “Dovira”
(as of 26.08.2020)
Non-affiliated MPs
45% 30% 22% 17% 11% 9% 5% 23.5%
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MPs` Aides Due to the Law of Ukraine “About the status of the People's Deputy of Ukraine” an MP can have up to thirty-one aides. Only a citizen of Ukraine, which has vocational or higher education and fluent Ukrainian language can become an MP’s aide. MPs` aides work on fixed-term contracts on a regular basis or part-time or as volunteers. An MP has a special fund allocated for aides remuneration. Due to the Law on the Civil Service (that has come into force on May 1, 2016) MPs` aides have lost the status of civil servants.
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The Leaders of the Verkhovna Rada of Ukraine
Ruslan Stefanchuk First Deputy Chairperson of the Verkhovna Rada of Ukraine (became MP as member of Political party “Servant of the People” list)
Dmytro Razumkov Chairperson of The Verkhovna Rada of Ukraine
(became MP as member of Political party “Servant of the People” list)
Olena Kondratyuk Deputy Chairperson of the Verkhovna Rada of Ukraine
(became MP as member of Political party the All-Ukrainian Union 13 “BATKYSHCHYNA” list)
The Faction with Rights of Coalition Due to the election results and on the basis of agreed political positions deputy factions form the coalition, which includes the majority of MPs of Ukraine – no less than 226 MPs.
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CONSTITUTION OF UKRAINE Article 90. The President of Ukraine shall have the right to an early termination of powers of the Verkhovna Rada in the following cases: the Verkhovna Rada of Ukraine fails to form a coalition of deputy factions in compliance with Article 83 of this Constitution within one month
29.08.2019 a faction with rights of a coalition of 252 MPs named “SERVANT OF THE PEOPLE” has been established. As of 26.08.2020, faction is consisted of 248 MP’s. The party “Servant to the people” has formed a new coalition for one party, that is to be for the first time in the history of independent Ukraine. 14
The Minority •
Definition and status of opposition in Ukrainian Parliament are still not legally regulated (opposition`s existence is not normalized by Constitution). That is why factions and groups can be defined as oppositional ones either on the basis of their public statements and rhetoric or due to the facts, whether they`ve joined coalition or not. Because of this, a situation can take place when factions compete for the right to be considered the opposition.
The opposition in the Verkhovna Rada of Ukraine of the IX convocation • • • •
The faction of EUROPEAN SOLIDARITY declared its shift into opposition on August 29, 2019 The faction of Political party “Opposition Platform – For Life” doesn`t identify themselves with opposition for the moment. The faction of the Political party the All-Ukrainian Union “Batkivshchyna”, the group “For Future” and the group “Dovira” doesn`t identify themselves with opposition. The faction of Political Party “Golos” declared its shift into opposition on July 17, 2020.
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Committees •
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Committees of the Verkhovna Rada are the bodies of the Parliament formed from among MPs to implement legislative work, prepare and preliminary consider issues pertaining to work of the Verkhovna Rada of Ukraine and realize the control functions. The parliament of Ukraine adopts certain number of committees at each new convocation as well as their names and competence. Membership in committees is organized by the Verkhovna Rada by a majority of votes from its constitutional composition. Representation in the committees is determined in proportion from the quantitative composition of the parliamentary factions (deputy groups) to the actual number of people's deputies, under procedure adopted by the Verkhovna Rada of Ukraine.
23+6+3+1
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As of August 2020, Parliament established 23 committees, 6 interim investigative commissions, 3 special commissions and 1 counting commission
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JURISDICTIONS OF COMMITTEES • • • • • •
1. Committee on Agrarian and Land Policy : economic policy in the agroindustrial complex; state regulation of agroindustrial production and applied scientific research in the agrarian sphere; agricultural cooperation; regulation of land relations (other than land relations within construction areas); forestry, water management and fisheries.
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2. Committee on Anti-Corruption Policy :
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formation of anti-corruption policy;
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conduct of anti-corruption examination of draft laws submitted by holders of the right to legislative initiative;
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preventing and combating corruption;
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preventing corruption in the activities of legal entities;
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prevention and resolution of conflicts of interest;
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rules of ethical conduct of civil servants;
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financial oversight of persons authorized to perform the functions of the state or of local selfgovernment;
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liability for committing corruption offenses and corruption-related offenses;
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legal regulation of the activities of the National Anti-Corruption Bureau, National Agency for Corruption Prevention, National Agency of Ukraine for finding, tracing and management of assets
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activities of other law enforcement and state bodies in the context of their powers in the sphere of preventing and combating corruption;
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state protection of persons providing assistance in preventing and combating corruption.
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3. Committee on Budget:
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state budget policy and inter-budgetary relations;
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budget process (including medium-term budget planning, budget execution reporting, oversight of budget legislation);
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State Budget of Ukraine;
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state internal and external debt;
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activities of the Accounting Chamber;
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activities of state financial institutions and financial monitoring institutions (State audit service of Ukraine);
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examination of the impact of draft laws, other draft acts on budget implementation rates and of compliance with the laws regulating budgetary relations;
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4. Committee on Humanitarian and Information Policy:
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cultural education activities (publishing, library services, cinematography, national artistic trades);
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artistic activities (artistic trade unions, theaters, esthetic education schools, concerts and tours, etc.);
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media industry (television, OTT and IPTV, broadcasting platforms, radio), the national film industry;
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audiovisual market;
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advertising activity;
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protection of historical and cultural heritage (museums, archive-keeping, activities of preserves, export, import and return of cultural values);
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print, electronic media, including social media, the Internet;
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tourism and tourism;
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resorts and recreational activities;
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state policy in the sphere of freedom of conscience and religious organizations;
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state policy in the sphere of development and use of the state language and languages of national minorities in Ukraine;
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principles of charitable activity;
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state information and information security policy (except for matters related to national security and defense);
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media coverage of the Verkhovna Rada of Ukraine activities;
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state policy in the sphere of family and marriage relations;
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state policy in the sphere of state policy to promote the institution of family, assistance to families with children, protection of homeless children, children’s health improvement and recreation;
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demographic policy. 20
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5. Committee on Environmental Policy and Environmental Management:
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protection, conservation, use and restoration (recreation) of natural resources, including mineral resources, woods, water resources, atmosphere, animal and vegetal life, natural landscapes; preservation and balanced use of natural resources of the exclusive (marine) economic zone, continental shelf, development of outer space; environmental security, prevention and elimination of the consequences of natural disasters, technological emergencies and disasters, activities of state emergency response services; radiation and fire security; civil protection of the population; legal status of environmental disaster area; state policy in the sphere of waste treatment, excluding household waste; state monitoring of the natural environment; administrative economic sanctions for pollution of the natural environment; creation, protection and development of objects of the Nature Reserve Fund of Ukraine; elimination of the consequences of the Chornobyl disaster, in particular granting consent to the binding nature of Ukraine’s international treaties on these issues; the legal regime of radioactive contamination zones, including zones of the Chornobyl disaster; prevention of negative anthropogenic climate change; environmental audit.
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6. Committee on Economic Development:
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state economic policy; pawning, leasing, concession, rental, distribution of products, management of state and communal property; privatization of state and communal property, nationalization, reprivatization, bankruptcy, etc.; intellectual property; regulation of state procurement; prices and tariffs, pricing; economic legislation; state policy in the sphere of household waste and scrap metal; cooperation (other than agricultural cooperation); antimonopoly policy, development of economic competition, consumer rights protection; regulatory policy; industrial policy and development of certain branches of manufacture; foreign economic and investment activities, special (free) economic zones and priority development territories, technology parks; standardization, conformity validation, accreditation, and metrological activities; public-private partnership; space activities (excluding topics related to national security and defense); development of entrepreneurship and guaranteeing the rights and legitimate interests of subjects of entrepreneurial activity;
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7. Committee on Energy Industry, Housing and Communal Services:
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development of the fuel and energy complex, coal, gas, oil, oil refining industries and power industry;
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development of nuclear power engineering and nuclear security;
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functioning of the markets of energy and energy resources;
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transportation of energy and energy resources;
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energy conservation and energy efficiency;
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alternative and renewable energy sources;
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household waste management;
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public utilities;
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housing and communal services;
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8. Committee on National Health, Medical Assistance and Medical Insurance:
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legislation on health care, including medical assistance, therapeutic activities, medications, pharmacy and pharmaceutical activities;
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state policy in the sphere of fight against socially dangerous diseases (AIDS, tuberculosis, drug addiction, etc.);
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modern medical technologies and medical equipment;
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development of transplantology in Ukraine;
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voluntary medical insurance;
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legal regulation of compulsory state health insurance;
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treatment at sanatoriums and health resorts;
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care of motherhood and childhood, reproductive health of the population;
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military medicine;
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9. Committee on Foreign Policy and Inter-Parliamentary Cooperation: legislative support for the foreign policy activities of Ukraine; foreign relations, in particular relating to Ukraine’s participation in the activities of international organizations, such as the United Nations (U.N.), the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe (CE), the Organization of the Black Sea Economic Cooperation (BSEC), the Organization for Democracy and Economic Development – GUAM (GUAM), the Central European Initiative (CEI), the Inter-Parliamentary Union (IPU) and others, as well as the North Atlantic Treaty Organization (NATO) and the World Trade Organization (WTO), within the mandate of the Committee; transborder and interregional cooperation (other than transborder and interregional cooperation with countries of the European Union (EU)); legislative support for the implementation of the foreign policy of the country for membership in the North Atlantic Treaty Organization (NATO); legislative support of containment of external aggression against Ukraine, non-military international forms and methods of deterrence of the aggressor state; granting consent to the binding nature of Ukraine’s international treaties (ratification, accession to an international treaty, adoption of the text of an international treaty), renunciation of Ukraine’s international treaties (other than Ukraine’s agreements with the European Union (EU) and its Member States); cooperation of the Verkhovna Rada of Ukraine with the parliaments of foreign states; cooperation of the Verkhovna Rada of Ukraine with parliamentary bodies of international organizations; diplomatic service; 25 support to ties with Ukrainians abroad.
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10. Committee on Integration of Ukraine to European Union:
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participation of Ukraine in international integration processes related to the activities of the European Union (EU);
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adaptation of Ukrainian legislation to the legislation of the European Union (EU), provision for its compliance with Ukraine’s obligations within the Council of Europe (CE);
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assessment of compliance of draft laws to Ukraine’s international legal obligations in the sphere of European integration;
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state policy in the sphere of European integration;
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support to inter-parliamentary ties within the framework of Ukraine’s cooperation with the European Union (EU), with the Western European Union (WEU);
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coordination of the European Union’s (EU) programs of technical assistance to the Verkhovna Rada of Ukraine and special training programs;
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granting consent to the binding nature of Ukraine’s international agreements with the European Union (EU) and its Member States (ratification, accession to an international treaty, adoption of the text of an international treaty), renunciation of the said international agreements of Ukraine;
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transborder and interregional cooperation with countries of the European Union (EU).
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co-operation with the EU institutions to ensure containment of external aggression against Ukraine, non-military international forms and methods of deterrence of the aggressor state; 26
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11. Committee on Youth and Sports: state youth policy; national patriotic education; physical culture and sports for everyone; high-level sports and sport related activity; regulation of the use of lottery funds for the development of sports.
27
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12. Committee on National Security, Defense and Intelligence:
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national security of Ukraine;
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formation and activities of security service bodies, intelligence and counterintelligence services, protection of state secrets;
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legal status of the state border, martial law and state of emergency;
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military-industrial complex, state system of insurance fund of documentation, military and military-technical cooperation of Ukraine with other states, as well as participation of Ukraine in international peacekeeping operations;
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state policy in the sphere of defense;
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fight against terrorism;
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conduct of civil, in particular parliamentary, oversight of the military establishment of the state;
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military service, Armed Forces of Ukraine and their reform;
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alternative (non-military) service;
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social and legal protection of service personnel and their family members;
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military science and education;
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state system of special communication.
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space activities (in particular matters related to national security and defense);
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legislation on security of critical infrastructure facilities; 28
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13. Committee on State Structure, Local Self-Government, Regional Development and Urban Development:
• • •
legislative provision for the arrangements and procedure for conduct of elections and referendums; legal status of the Central Election Commission, Central Election Commission members; legislative provision for the activities of the President of Ukraine, the Cabinet of Ministers of Ukraine, the central executive bodies; administrative and territorial structure of Ukraine; special status of the cities of Kyiv and Sevastopol; organization and activities of local executive bodies; principles of local self-government and bodies of self-organization of population; principles of organization of provision of administrative services; civil service and service in local self-government bodies; calling of regular and early elections to local self-government bodies; state symbols of Ukraine; state decorations of Ukraine; regional development policy; urban construction; land relations (within construction areas); urban planning, construction and architecture; energy efficiency in construction industry; residential sector; residential policy; 29
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14. Committee on Education, Science, and Innovations:
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education;
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science, scientific and technological activities and science parks;
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legal status and social protection of scientific, pedagogical and academic staff;
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innovative activities, high tech development (except for issues assigned to the jurisdiction of other Committees);
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principles of conducting scientific and technical examinations;
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15. Committee on Human Rights, De-occupation and Reintegration of the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts and Autonomous Republic of Crimea, Sevastopol, National Minorities, and Interethnic Relations: observance of the rights and freedoms of man and citizen; introduction of European standards for the protection of human rights and fundamental freedoms into national law; activities of the Verkhovna Rada of Ukraine Commissioner for Human Rights; citizenship, status of foreigners and stateless persons; regulation of collection and use of an individual’s personal data (except for protection of information and personal data in information and telecommunication systems); ethnonational policy, international relations and rights of indigenous peoples and national minorities in Ukraine; immigration, refugees, forcibly resettled persons, and granting of asylum in Ukraine; legislative provision for equal rights and opportunities for women and men; cooperation with the Council of Europe (CE), with the Organization for Security and Cooperation in Europe (OSCE) in the sphere of observance (protection) of human rights, the rights of national minorities, and interethnic relations; cooperation with the Office of the U.N. High Commissioner for Refugees, the International Organization for Migration, the U.N. Human Rights Council in accordance with the statutory objectives of the said organizations matching the competence of the Committee; 31
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15. Committee on Human Rights, De-occupation and Reintegration of the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts and Autonomous Republic of Crimea, Sevastopol, National Minorities, and Interethnic Relations:
• • •
policy on temporarily occupied territories of Ukraine; reintegration of the population living in the temporarily occupied territories of Ukraine; realization of rights and freedoms of internally displaced persons and creation of conditions for voluntary return of such persons to the abandoned place of residence; restoration and development of the occupied territories of Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the city of Sevastopol; protection of the rights and freedoms of persons who have been violated as a result of temporary occupation of part of the territory of Ukraine or loss of control over part of it; realization of the rights and freedoms of the citizens of Ukraine residing in the temporarily occupied territories of Ukraine;
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16. Committee on Legal Policy:
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assessment of compliance of draft laws and other draft acts of the Verkhovna Rada of Ukraine with the Constitution of Ukraine;
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standards of norm-making activity and planning of the legislative activity of the Verkhovna Rada of Ukraine;
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constitutional legislation;
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status and activities of political parties, public associations;
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amending the Constitution of Ukraine, approval and amending the Constitution of the Autonomous Republic of Crimea;
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establishment and activity of the Constitutional Court of Ukraine; status of judges of the Constitutional Court of Ukraine; constitutional proceedings;
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civil legislation; administrative legislation; civil, economic and administrative proceedings (procedural legislation);
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judicial system, status of judges, status of bodies of judicial governance;
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ensuring the direct involvement of citizens in the activities related to justice;
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16. Committee on Legal Policy:
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criminal law enforcement;
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organization and activity of bodies and institutions of execution of criminal punishments and probation;
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the principles of the implementation of the decisions European Court of Human Rights;
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execution of court decisions, organization and activity of the bodies of justice, the executive service, court expertise, notary;
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provision of legal assistance to citizens, regulation of the organization and activities of the bar;
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organization and activity of international commercial arbitration, arbitration proceedings, mediation;
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17. Committee of Law Enforcement:
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formation of strategy of functioning of law enforcement system of Ukraine;
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criminal legislation;
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criminal procedural legislation;
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legislation on administrative offenses;
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organization and activities of public prosecution bodies, internal affairs bodies, National Guard, state border service, State bureau of investigation, other law enforcement bodies;
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execution of criminal punishments and organization and activities of penitentiary bodies and institutions;
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intelligence activities;
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establishment and activities of pretrial investigation bodies;
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fight against organized crime, international crime and cyber crime;
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counteracting illegal migration;
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17. Committee of Law Enforcement:
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crime prevention and administrative supervision of persons released from places of deprivation of liberty;
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organization of protection of public order and public security;
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security and detective activities;
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weapons in civilian use;
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state protection of participants in criminal proceedings and state protection of judges and law enforcement officers;
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social protection of law enforcement officers and members of their families;
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international cooperation and coordination on law enforcement activities;
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• • • • • • • • • • •
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18. Committee on Rules of Procedure, Deputy Ethics and Organization of the Verkhovna Rada: Rules of Procedure of the Verkhovna Rada of Ukraine and parliamentary procedures; legal status of the People’s Deputies (MPs) of Ukraine; granting consent to criminal prosecution, detention or arrest of an MP of Ukraine; early termination of the powers of an MP of Ukraine; incompatibility of an MP’s mandate with other activities; legal status of deputy factions (deputy groups), of unaffiliated MPs of Ukraine; legal status of the Committees and Commissions/Panels of the Verkhovna Rada of Ukraine; discipline and compliance with MP’s ethical norms; logistical support for the activities of the MPs of Ukraine; support to work of the Verkhovna Rada of Ukraine and oversight of performance by its Secretariat of functions supporting the activities of the Verkhovna Rada of Ukraine and its bodies; budget of the Verkhovna Rada of Ukraine.
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• • • • •
19. Committee on Freedom of Speech: ensuring freedom of speech; citizens’ right to information; protection of the rights and freedoms of media; guarantees of the activities of the media, protection of the rights of journalists and media workers;
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20. Committee on Social Policy and Protection of Veterans' Rights:
• • • • • • • • •
state policy in the field of social protection of citizens; compulsory state social insurance; state social standards and state social guarantees, ensuring a sufficient standard of living; legislative regulation of humanitarian aid; state policy in the field of regulation of labor relations and employment; development of social partnerships and activities of public associations of parties of social partnership; compulsory state social insurance and other social funds; state pension policy; legal status and social protection of war veterans, World War II veterans, participants of the Liberation Competition, international warriors, participants of the anti-terrorist operation and operation of the United Forces, other persons covered by the Law of Ukraine "On the Status of War Veterans, Guarantees of their Social Security" ", victims of Nazi persecution and repression of the communist totalitarian regime, members of the families of the persons mentioned above, children of war, the elderly and the regulation of the activities of their civic associations;
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20. Committee on Social Policy and Protection of Veterans' Rights:
• • • •
legal status and social protection of the victims of the Revolution of Dignity and their families; social protection of citizens affected during the Chornobyl disaster; legislative support for the perpetuation of the memory of the victims in the defense of the Motherland; social protection and rehabilitation of persons with disabilities and regulation of the activity of their enterprises and civil organizations; rehabilitation of war veterans from the participants of the anti-terrorist operation and implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in Donetsk and Luhansk regions; legislative regulation of the provision of social services to veterans, persons with disabilities, elderly persons and other persons in difficult life circumstances;
•
•
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21. Committee on Transport and Infrastructure:
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strategy and priorities of development of infrastructure of Ukraine;
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development, construction, reconstruction and modernization of aviation, maritime and river transport infrastructure;
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Railway transport; road transport; public transport; transit transport; air transport; water transport; pipeline transport; critical infrastructure; roads; tunnels, bridges and crossings;
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airspace of Ukraine;
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the water area; merchant shipping; navigation and hydrographic support of navigation;
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ports, transport and transshipment hubs;
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marine and river infrastructure;
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quality and sustainability of infrastructure services;
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access to infrastructure;
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postal service
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transport safety (air, automobile, urban electric, railway, water);
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transportation of dangerous goods;
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road safety;
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• • • • • • • • • • •
22. Committee on Finance, Tax and Customs Policy: monetary policy; banks and banking; currency regulation; stock market and other regulated markets; securities, derivatives; activities of non-banking financial institutions; insurance; functioning of financial markets and prevention of legalization (laundering) of proceeds derived from criminal activity; functioning of payment systems; protection of the rights of consumers of financial services and guarantees to pay out deposits to depositors of a bank (individuals);
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22. Committee on Finance, Tax and Customs Policy:
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taxation system, national taxes and fees (duties, fees, other mandatory payments), local taxes and duties, para-fiscals, other non-tax revenues of budgets, single social contribution to the compulsory state social insurance, other payments; organization and operation of tax bodies; tax privileges; legal regulation of tax control; tax debt and/or tax liabilities; customs and customs tariffs; activities of customs bodies; legislative regulation of the market of alcohol, alcoholic beverages and tobacco products; taxation and operation of state lotteries and gambling industry; accounting and reporting, auditing activities.
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23. Committee on Digital Transformation:
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legislative framework for digitalization process and digital society in Ukraine;
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National and state digitalization programs;
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EU Digital Single Market (EU4Digital) programs and other digital cooperation programs;
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innovations in the sphere of digital entrepreneurship, development of startup ecosystem;
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digital technology research centers;
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digital industry and telecommunications;
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e-government and public e-services;
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electronic governance;
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electronic trust services and digital identification;
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state information-analytical systems, electronic paper flow;
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state information resources, electronic registers and databases;
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23. Committee on Digital Transformation:
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e-commerce (e-trading, e-business);
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virtual assets, blockchain and tokenization;
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smart infrastructure (cities, communities, etc.);
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development of the "open data";
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radio frequency resource;
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development of the orbital economy;
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legal framework for administration, operation and use of the Internet in Ukraine;
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cyber security and cyber defense, including in the area of critical infrastructure;
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technical and cryptographic protection of information;
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development of digital competences, digital rights.
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Number of Members
Head of the Committee
Committee on Agrarian and Land Policy
30
Mykola Solsky
Committee on Anti-Corruption Policy
18
Anastasia Radina
Budget Committee
34
Yuriy Aristov
Humanitarian and Information Policy Committee
17
Committee on Environmental Policy and Environmental Management
18
Oleg Bondarenko
Servant of the People
Committee on Economic Development
16
Dmytro Natalukha
Servant of the People
Committee on Energy, Housing and Utilities
24
Andriy Gerus
Servant of the People
Committee on National Health, Medical Assistance and Medical Insurance
15
Mykhailo Radutsky
Servant of the People
Name of the Committee
Mykyta Poturaiev
Faction, that the Head of the Committee presents Servant of the People Servant of the People
Servant of the People
Servant of the People
46
Committee on Foreign Policy and InterParliamentary Cooperation
14
Oleksandr Merezhko
Servant of the People
Committee for Integration of Ukraine with the European Union
9
Ivanna KlympushTsyntsadze
European Solidarity
Committee on Youth and Sports
7
Andriy Kozhemiakin
Batkivshchyna
Committee on National Security, Defense and Intelligence Committee on the organization of state power, local self-government, regional development and urban planning Committee on Education, Science and Innovation Committee on human rights, de-occupation and reintegration of temporarily occupied territories in the Donetsk and Lugansk regions and the Autonomous Republic of Crimea, the city of Sevastopol, national minorities and interethnic relations
18
Oleksandr Zavitnevych
Servant of the People
27
Andriy Klochko
Servant of the People
12
Serhiy Babak
Servant of the People
16
Dmytro Lubinets
Group “Party “For Future”
Legal Policy Committee
22
Andriy Kostin
Servant of the People
Law Enforcement Committee
25
Denys Monastyrsky
Servant of the People
Committee on Freedom of Speech
5
Nestor Shufrych
Opposition Platform For Life
47
Committee on Rules of Procedure, Deputy Ethics and Organization of the Verkhovna Rada
11
Serhiy Kalchenko
Servant of the People
Committee on Social Policy and Protection of Veterans' Rights
9
Galyna Tretiakova
Servant of the People
Committee on Transport and Infrastructure
23
Yuriy Kisiel
Servant of the People
Committee on Finance, Tax and Customs Policy
34
Danylo Getmantsev
Servant of the People
Committee on Digital Transformation
10
Mykhailo Kriachko
Servant of the People
(as of 26.08.2020)
48
Temporary Special Commissions Temporary Special Commission of the Verkhovna Rada of Ukraine on the Legal Status of War Veterans Temporary Special Commission of the Verkhovna Rada of Ukraine on Formation and Implementation of State Policy for the Reestablishment of Territorial Integrity and Ensuring Ukraine's Sovereignty
Temporary Special Commission of the Verkhovna Rada of Ukraine on Protection of Investors' Rights
Number of Members
Head of the Commission
Faction, that the Head of the Commission presents
13
Yana Zinkevych
European Solidarity
12
Serhiy Rakhmanin
Golos
13
Halyna Yanchenko
Servant of the People
(as of 26.08.2020)
49
Interim Investigative Commissions Interim Investigative Commission of the Verkhovna Rada of Ukraine on compliance with legislative procedures during changes of the ownership of TV Channels and Ensuring Counteraction to Information Influence of the Russian Federation ---Interim Investigative Commission of the Verkhovna Rada of Ukraine on Investigation of Fire (Explosion) at Ammunition Depots in 2014-2018 in Ichnia (Chernihiv Region), Kalynivka (Vinnytsia Region), Balakliya (Kharkiv Region) , Svatove (Lugansk region), Kryvyi Rih (Dnipropetrovsk region) Interim Investigative Commission on violation of the legislation and excess of authority by Andriy Pavelko, President of Football Federation of Ukraine, Chairman of the Committee on Budget of the Verkhovna Rada of Ukraine (8th convocation) while taking decisions on financing and implementation of the budget program "Construction of football fields with artificial coverage in the regions of Ukraine" in 2017-2018 Interim Investigative Commission to carry out Parliamentary Oversight of investigations regarding attacks on Kateryna Gandziuk and other public activists during 2017-2018
Number of Members
Head of the Commission
Faction, that the Head of the Commission presents
9
Olga Vasylevska-Smagliuk
Servant of the People
12
Davyd Arakhamia
Servant of the People
10
Anatoliy Kostiukh
Servant of the People
13
Igor Vasyliv
Servant of the People
(as of 26.08.2020)
50
Interim Investigative Commissions
Number of Members
Head of the Commission
Faction, that the Head of the Commission presents
9
Maksym Buzhansky
Servant of the People
Interim Investigative Commission of the Verkhovna Rada of Ukraine on investigation of information regarding making Agreement between the Ministry of Finance of Ukraine and Ad Hoc Credotors’ Committee on restructuring foreign debt in 2015
Interim Investigative Commission of the Verkhovna Rada of Ukraine on Investigation of the Facts of Possible Corrupt Actions of Public Officials Published in the Mass Media, which led to significant losses of the revenue part of the State Budget of Ukraine
14
Ivan Krulko
(as of 26.08.2020)
Batkyvshyna
51
Main stages of legislative process Bill Initiation • Three Subjects of Legislative Initiative – MPs, the Cabinet of Ministers, the President. Registering; Determining the lead committee; Distribution of text to Committees and the Cabinet of Ministers; Review by the VR Main Scientific and Expertise Department; Round tables and Committee hearings.
First Reading • Consideration in plenary session: passage requires 226 votes; decides which draft becomes basis for further work if there is more than 1
Second Reading • Review by VR Main Legal Department, Proposals reviewed by the lead committee often after public consultations; Consideration of proposals in plenary session; Second vote requires 226 (most often also final vote)
Third Reading • Finalization of text; Third Vote; VR Speaker signs and sends to President for signature
Promulgation or Veto • Signed text is published in official gazettes or President may return with suggested amendments, veto override requires 300 votes 52
Subjects of legislative initiative In accordance with the first part of Article 93 of the Constitution of Ukraine and Article 89 of the Rules of Procedure of the Verkhovna Rada of Ukraine, draft initiatives are submitted to the Verkhovna Rada:
President
- draft laws; -draft laws on amendments to the Constitution; -draft laws on the binding nature of international agreements;
Member of Parlament
- draft laws, regulations; - draft laws on amendments to the Constitution; - drafts of other acts of parliament; -proposals and amendments to draft laws;
ะกabinet of Ministers of Ukraine
- draft laws; - draft law on the State Budget of Ukraine; -draft laws on the binding nature of intergovernmental agreements; 53
Registration and submission of the bill to the Verkhovna Rada
Copies distributed to the Committee, which is determined as the main (preparation of preliminary consideration and conclusions on inclusion in the agenda of the session)
Registration of the bill by the Secretariat of Verkhovna Rada
Chairman or deputy chairman of the VR shall return the bill to the Secretariat of Verkhovna Rada
The first reading of the discussion of the main principles, provisions, criteria, structure of the bill and its adoption in the first reading.
Copies distributed to People’s Deputies
Inclusion in the agenda
Consideration of the draft law of the Verkhovna Rada in the first reading (decision making in full or short procedure) Rejection of the bill
Return of the bill to the subject of the right of legislative initiative or referral of the draft law for revision (re-first reading)
Repeat the first reading of the bill
Adoption of the bill in the first reading
public discussion
Preparation of the draft law for the signature of the President
Repeat the first reading of the bill
Assignment for the Main Committee to prepare the bill for the second reading
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The second reading of the bill - article-by-article discussion and adoption in the second reading
Amendments and proposals to the bill (in 14 days after the adoption in the first reading) Consideration of the bill by the VR (article-by-article voting)
Conclusion of the Main Legal Department
Rejection of the bill
Sending the bill for revision
Adoption of the bill for the second reading and in the final reading
Repeat second reading
Revision of the bill by the Main Committee
Preparation of the draft law for the signature of the President
The third reading of the bill is the adoption of a bill, which needs to be finalized and agreed in general Rejection of the bill
Assignment for the Main Legal Department to prepare a bill for the third reading
Preparation of the draft law for the third reading by the Main Committee (formation of the table of amendments and proposals) Consideration of the bill in the third reading Adoption of the law in the final reading
The Chairman of the Verkhovna Rada shall make a decision not earlier than two and not later than five days from the date of submission
Initiating of an allUkrainian referendum Consideration by the Verkhovna Rada of proposals
In case of rejection of all proposals Chairman of the Verkhovna Rada signs the law and immediately sends it to the President
In case of acceptance of at least one proposals
The Main Committee, with the participation of the legal department and the editorial department, prepares the text of the law for the signature within 3 days.55
Amendments to the Constitution Contributed by the President, or not less than 300 MPs Draft law on amendments to the Budget of Ukraine Negative, the draft law was rejected Adoption of a draft law, not less than 300 MPs
Changes to 1,3,13 sections of the Constitution
Changes to other sections of the Constitution
Inclusion of the draft law in the agenda Sending the draft law to the Constitutional Court Obtaining the Opinion of the Constitutional Court Positive
All-Ukrainian referendum
Contributed by the President, or not less than 150 MPs
If not, the bill was rejected
finalized draft law
Positive, with reservations Preliminary approval of the draft law, not less than 226 MPs Final acceptance at any subsequent regular session not less than 300 MPs 56
The President is considering the law (within 15 days)
Consideration of the Law by the President of Ukraine. Entry into force
Signs the law and officially promulgates within 10 days
Veto
Does not return the law Signs and officially promulgated by the Chairman of the Verkhovna Rada
Consideration extraordinary at the plenary session of the VR Consideration of the President's proposals The law is adopted in final by not less than 300 votes
Consideration of separate proposals of the President
All proposals are accepted
In case of a rejection may be sent for reconsideration (once)
Directed repeatedly for signature to the President
Adoption in final by no less than 226 votes
Only a part of the proposals is accepted
All suggestions are not accepted
Adoption in final by no less than 300 votes
The President re-examines the law (within 10 days) Signs the law and officially promulgates it within 10 days
Does not sign
The Chairman of the Verkhovna Rada promptly promulgates and publishes the law by his signature
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The President of Ukraine According to Constitution of Ukraine (article 102), the The President of Ukraine is the Head of State and acts in its name. The President of Ukraine is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens' rights and freedoms. • • • • • •
ensures the independence, national security, and legal succession of the State; addresses the people, delivers annual and extraordinary speeches on the domestic and foreign situation of Ukraine to the Verkhovna Rada of Ukraine; represents the State in international relations, administers the foreign political activity of the State, conducts negotiations and concludes international treaties; adopts decisions on the recognition of foreign states; is the Commander-in-Chief of the Armed Forces of Ukraine; heads the Council of National Security and Defense of Ukraine; (article 106) 58
President’s Office
National Security and Defense Council of Ukraine Oleksiy Danilov (Secretary of NSDCU)
Chief of Office Andriy Yermak
First Deputy Chief of the Office Serhiy Trofimov
Deputy Chief of the Office Yulia Kovaliv
Deputy Chief of the Office Yulia Sokolovska
Deputy Chief of the Office Roman Moshovets
Deputy Chief of the Office Andriy Smirnov
Deputy Chief of the Office Oleg Tatarov
Deputy Chief of the Office Kyrylo Tymoshenko
Deputy Chief of the Office Yuriy Kostiuk
Deputy Chief of the Office Ihor Zhovkva
Chief of the Secretariat of the Office Oleksiy Dniprov
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Executive Powers
Ministries
Offices
Agencies
Central
At the local level
Central Executive Powers
CM ARC*, Oblast State Administrations (24) Kyiv & Sevastopol* City Administrations
Inspections
National Commissions
Other Central Executive Powers
CEP with special status
Rayon (490)**, Kyiv (10) & Sevastopol* (4) Rayon Administrations
*temporarily occupied territories **By Resolution of the Verkhovna Rada of Ukraine â„–3650 of 17.07.2020 the number of rayon decreased to 138. 60
The Cabinet of Ministers of Ukrain eAccording to Constitution of Ukraine (article 116), the Cabinet of Ministers is the highest body in the executive branch. The Cabinet of Ministers of Ukraine: • ensures the state sovereignty and economic independence of Ukraine, implementation of domestic and foreign policy of the State, and the execution of the Constitution, laws of Ukraine, and acts of the President of Ukraine; • elaborates a draft law on the State Budget of Ukraine, ensures the implementation of the State Budget and submits a report on its implementation; • directs and co-ordinates the work of ministries and other executive authorities;
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The Cabinet of Ministers of Ukraine •
•
The Prime Minister of Ukraine is appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the President of Ukraine. The candidature for the appointment as the Prime Minister is introduced by the President on the basis of a proposal of the coalition of deputy factions. The Minister of Defence and the Minister of Foreign Affairs are appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the President of Ukraine, whereas other members of the Cabinet of Ministers are appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the Prime Minister of Ukraine. (art. 114) 62
The Cabinet of Ministers of Ukraine (as of 26.08.2020)
Prime Minister Denys Shmyhal
Olga Stefanishyna
Ministers
Mykhailo Fedorov
Deputy Prime Minister of Ukraine- Minister for Reintegration of the Temporary Occupied Territories
Oleksii Reznikov
Deputy Prime Minister of Ukraine - Minister for Strategic Industries
Oleh Uruskyy
Deputy Prime Minister Deputy Prime Ministerfor European and EuroMinister of Digital Transformation of Atlantic Integration of Ukraine Ukraine
Minister of the Cabinet of Ministers of Ukraine
Oleg Nemchinov
63
Connections between Ministries and other Central Executive Agencies - CEP (as of 21.08.2020) Ministry of Finance Serhii Marchenko
• Seven CEP are subordinated
Ministry of Economic Development, Trade and Agriculture Ihor Petrashko Ministry of Justice Denys Maliuska
• Six CEP are subordinated
• One CEP are subordinated
Ministry of Culture and information policy Oleksandr Tkachenko
Ministries
• Five CEP are subordinated
Ministry of Infrastructure Vladyslav Kryklii
• Four CEP are subordinated
Ministry of Interior Affairs Arsen Avakov
• Two CEP are subordinated
• Two CEP are subordinated • Eight CEP are subordinated
Other Central Executive Agencies
Ministry of Social Policy Maryna Lazebna
Ministry of Digital Transformation Mykhailo Fedorov
Ministries
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Ministry of Energy A.M. Olga Buslavets Ministry of Environmental Protection and natural resources Roman Abramovskyy Ministry of Communities and Territories Development Oleksiy Chernyshov
• Two CEP are subordinated
• Two CEP are subordinated
Ministry of Health Care Maxym Stepanov
• Two CEP are subordinated
Ministry of Education and Science A.M. Sergiy Shkarlet
Six CEP are subordinated
• Two CEP are subordinated
Ministry of Youth and Sports of Ukraine Vadym Gutzait
Ministry of Defense Andrii Taran
Ministry of Foreign Affairs Dmytro Kuleba
Ministry for Veterans Affairs Serhiy Bessarab 65
Central Executive Agencies – CEP Government services - 26
Government agencies - 16
Government inspections - 5
CEP with special status - 7
National commissions- 4
Other CEP - 4
8 CEP are directly subordinated to the Cabinet of Ministers of Ukraine 66
COURT SYSTEM Supreme Court
Constitutional Court of Ukraine
(min 65, max 200 judges)
(18 Judges)
Supreme Court Plenum Grand Chamber (21 Judges: 5 elected by each of 4 Cassation Courts) Criminal Cassation Court
Appellate Commercial Courts
High Anti-Corruption Court
Appellate Courts
Local Circuit Courts
Commercial Cassation Court
Circuit Commercial Courts
Administrative Cassation Court
High Intellectual Property Court
Civil Cassation Court
Decides on whether law conflicts with the Constitution and provides official interpretation of the Constitution
Appellate Administrative Courts
Circuit Administrative Courts
** Information provided by USAID New Justice Program
67
JUDICIAL INSTITUTIONS HIGH COUNCIL OF JUSTICE (HCJ) Constitutional body consisting of 21 members (10 judges elected by Congress of Judges with the President, Parliament, Congress of Advocates, conference of prosecutors and conference of the higher legal education institutions appointing two members each, Chief Justice is ex officio member). Key functions include: ·Submits recommendations for appointing judges to President; ·Disciplines judges and prosecutors; ·Transfers and dismiss judges; ·Lifts judicial immunity; ·Appoints HQC members; ·Suspends judges from the bench; ·Oversees budget for the judiciary; ·Appoints SJA chair. Selection Commission
Consists of 6 members (3 PCIE international experts, 3 COJ members) · Conducts competitive selection of HQC members
HIGH QUALIFICATIONS COMMISSION OF JUDGES (HQC) Consists of 16 members appointed by HCJ based on the competitive selection conducted by the Selection Commission. Key functions include: ·Conducts competitive selections to fill judicial vacancies; ·Submits recommendations for appointing or transferring judges to the HCJ; ·Conducts qualifications evaluation of judges.
CONGRESS OF JUDGES Highest representative body of judicial self-governance. Congress is conducted once every two years. Decisions are mandatory for all judges and courts. Key functions include: ·Elects members of the Council of Judges; ·Elects six judges of the Constitutional Court; ·Elects and dismisses ten members of the High Council of Justice;
STATE JUDICIAL ADMINISTRATION (SJA) Judicial administration agency overseen by the High Council of Justice. SJA chair is appointed and disciplined by the HCJ. Provides budget management and organizational support for the courts and judicial institutions to ensure daily operations.
SJA TERRITORIAL DEPARTMENTS
COUNCIL OF JUDGES Consists of 33 members-judges of all level courts. Acts in lieu of the Congress of Judges during two-year period between Congresses.
Represents SJA in the regions and supports accounting and procurement procedures of courts. Appoints and dismisses chiefs of staff and their deputies in local courts. Decisions are subject to approval by chief judge of the respective court.
NATIONAL SCHOOL OF JUDGES ·Conducts initial training of judicial candidates; ·Conducts ongoing trainings for judges and the court staff; ·Conducts research to support operations of the HCJ and HQC.
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