Lawyers Request to Finalize the Bill “On Interpellation”

2020-05-25

KYIV - May 25, 2020. The UBA Committee on Constitutional Law, Administrative Law and Human Rights sent an open appeal to the Members of the Verkhovna Rada Committee on Organization of State Power, Local Self-Government, Regional Development and Urban Planning with a request to finalize the draft law “On Interpellation” #3499.

After analyzing the draft law in detail, the Committee's experts stressed the need to specify the grounds for the interpellation, in order to prevent abuses by the Verkhovna Rada and preserve the real distribution of power. Thus, they provided a number of comments for further improvement. Among them is the need to clarify the following grounds:

1. “Decision, action or inaction of a member of the Cabinet of Ministers, as a result of which the rights and interests of a foreign state may be violated.” The wording, according to the Committee's representatives, looks strange, especially given that the main task of the Minister is to implement the Program of the Cabinet, the formation and implementation of public policy.

The lawyers reminded that the grounds for the interpellation should be specified and based on the tasks and responsibilities of the minister. They proposed the following wording “failure of a member of the Cabinet of Ministers to implement the Government Program.”

2. Article 11 of the draft law "On Interpellation", according to lawyers, should be formulated in such a way that the Verkhovna Rada decides to dismiss a member of the Cabinet without appropriate proposals, both by the Prime Minister and the President of Ukraine:

“In our opinion, according to the text of the bill, it would be more appropriate to use the term "members of the Cabinet of Ministers of Ukraine" instead of the term “individual members of the Cabinet of Ministers of Ukraine," - the text of the appeal reads.

The full text of the open appeal is available by the link.

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