Chapter
VI. Cabinet of Ministers of Ukraine. Other Bodies
of Executive Power
Article 113. (amended by the Law of 8 December
2004)
The Cabinet of Ministers of Ukraine is the highest
authority within the system of executive authorities.
The Cabinet of Ministers of Ukraine is responsible
to the President of Ukraine and the Verkhovna
Rada of Ukraine as well as under the control
of and accountable to the Verkhovna Rada of
Ukraine within the limits provided for by this
Constitution of Ukraine.
In its activities, the Cabinet of Ministers
of Ukraine is guided by this Constitution, laws
of Ukraine, and also by decrees made by the
President of Ukraine and resolutions made by
of the Verkhovna Rada of Ukraine in accordance
with the Constitution and laws of Ukraine.
Article 114. (amended by the Law of 8 December
2004)
The Cabinet of Ministers of Ukraine is composed
of the Prime Minister of Ukraine, the First
Vice Prime Minister, Vice Prime Ministers, and
Ministers.
The Prime Minister of Ukraine is appointed by
the Verkhovna Rada of Ukraine upon the submission
by the President of Ukraine.
The name of a candidate for the office of the
Prime Minister of Ukraine shall be put forward
by the President of Ukraine following the relevant
proposal by the parliamentary coalition formed
in the Verkhovna Rada of Ukraine as provided
for in Article 83 of the Constitution of Ukraine
or by a parliamentary faction whose National
Deputies of Ukraine make up a majority of the
constitutional membership of the Verkhovna Rada
of Ukraine.
The Minister of Defence and the Minister of
Foreign Affairs of Ukraine are appointed by
the Verkhovna Rada of Ukraine upon the submission
by the President of Ukraine; the other members
of the Cabinet of Ministers of Ukraine are appointed
upon the submission by the Prime Minister of
Ukraine.
The Prime Minister of Ukraine manages the work
of the Cabinet of Ministers of Ukraine and directs
it for the implementation of the Action Programme
of the Cabinet of Ministers of Ukraine adopted
by the Verkhovna Rada of Ukraine.
Article 115. (amended by the Law of 8 December
2004)
The Cabinet of Ministers of Ukraine divests
itself of its powers before the newly-elected
Verkhovna Rada of Ukraine.
The Prime Minister of Ukraine, other members
of the Cabinet of Ministers of Ukraine, shall
have the right to announce their resignation
before the Verkhovna Rada of Ukraine.
The resignation of the Prime Minister of Ukraine
or the adoption by the Verkhovna Rada of Ukraine
of a resolution of no confidence in the Cabinet
of Ministers of Ukraine shall result in the
resignation of the entire Cabinet of Ministers
of Ukraine.
In such cases, the Verkhovna Rada of Ukraine
shall form a new Cabinet of Ministers of Ukraine
within the terms and under the procedure provided
for by this Constitution.
The Cabinet of Ministers of Ukraine that has
divested itself of its powers before the Verkhovna
Rada of Ukraine or whose resignation has been
accepted by the Verkhovna Rada of Ukraine shall
continue to perform its functions until the
newly formed Cabinet of Ministers of Ukraine
starts its work.
Article 116. (Subpar. 91, 92 added, subpar.
10 amended by the Law of 8 December 2004)
The Cabinet of Ministers of Ukraine:
1) ensures the state sovereignty and economic
independence of Ukraine, the implementation
of domestic and foreign policy of the State,
the execution of the Constitution and the laws
of Ukraine, and the acts of the President of
Ukraine;
2) takes measures to ensure human and citizens'
rights and freedoms;
3) ensures the implementation of financial,
pricing, investment and taxation policy; the
policy in the spheres of labour and employment
of the population, social security, education,
science and culture, environmental protection,
ecological safety and the utilisation of nature;
4) elaborates and implements national programmes
of economic, scientific and technical, and social
and cultural development of Ukraine;
5) ensures equal conditions of development of
all forms of ownership; administers the management
of objects of state property in accordance with
the law;
6) elaborates the draft law on the State Budget
of Ukraine and ensures the implementation of
the State Budget of Ukraine approved by the
Verkhovna Rada of Ukraine, and submits a report
on its implementation to the Verkhovna Rada
of Ukraine;
7) takes measures to ensure the defence capability
and national security of Ukraine, public order
and to combat crime;
8) organises and ensures the implementation
of the foreign economic activity of Ukraine,
and the operation of customs;
9) directs and co-ordinates the operation of
ministries and other bodies of executive power;
91) sets up, re-organises, and liquidates, in
accordance with law, ministries and other central
executive authorities, acting therewith within
the limits of funds allocated for the maintenance
of executive authorities;
92) appoints to office and dismisses from office,
upon the submission by the Prime Minister of
Ukraine, the chief officers of central executive
authorities who are not members of the Cabinet
of Ministers of Ukraine;
10) performs some other functions as provided
for by the Constitution and laws of Ukraine
Article 117.
The Cabinet of Ministers of Ukraine, within
the limits of its competence, issues resolutions
and orders that are mandatory for execution.
Acts of the Cabinet of Ministers of Ukraine
are signed by the Prime Minister of Ukraine.
Normative legal acts of the Cabinet of Ministers
of Ukraine, ministries and other central bodies
of executive power, are subject to registration
through the procedure established by law.
Article 118.
The executive power in oblasts, districts, and
in the Cities of Kyiv and Sevastopol is exercised
by local state administrations.
Particular aspects of the exercise of executive
power in the Cities of Kyiv and Sevastopol are
determined by special laws of Ukraine.
The composition of local state administrations
is formed by heads of local state administrations.
Heads of local state administrations are appointed
to office and dismissed from office by the President
of Ukraine upon the submission of the Cabinet
of Ministers of Ukraine.
In the exercise of their duties, the heads of
local state administrations are responsible
to the President of Ukraine and to the Cabinet
of Ministers of Ukraine, and are accountable
to and under the control of bodies of executive
power of a higher level.
Local state administrations are accountable
to and under the control of councils in the
part of the authority delegated to them by the
respective district or oblast councils.
Local state administrations are accountable
to and under the control of the bodies of executive
power of a higher level.
Decisions of the heads of local state administrations
that contravene the Constitution and the laws
of Ukraine, other acts of legislation of Ukraine,
may be revoked by the President of Ukraine or
by the head of the local state administration
of a higher level, in accordance with the law.
An oblast or district council may express no
confidence in the head of the respective local
state administration, on which grounds the President
of Ukraine adopts a decision and provides a
substantiated reply.
If two-thirds of the deputies of the composition
of the respective council express no confidence
in the head of a district or oblast state administration,
the President of Ukraine adopts a decision on
the resignation of the head of the local state
administration.
Article 119.
Local state administrations on their respective
territory ensure:
1) the execution of the Constitution and the
laws of Ukraine, acts of the President of Ukraine,
acts of the Cabinet of Ministers of Ukraine
and other bodies of executive power;
2) legality and legal order; the observance
of laws and freedoms of citizens;
3) the implementation of national and regional
programmes for socio-economic and cultural development,
programmes for environmental protection, and
also - in places of compact residence of indigenous
peoples and national minorities - programmes
for their national and cultural development;
4) the preparation and implementation of respective
oblast and district budgets;
5) the report on the implementation of respective
budgets and programmes;
6) interaction with bodies of local self-government;
7) the realisation of other powers vested by
the state and also delegated by the respective
councils.
Article 120. (Par. 1 amended by the Law of
8 December 2004)
Members of the Cabinet of Ministers of Ukraine
and chief officers of central and local executive
authorities shall not be entitled to combine
their official activities with any other work
(with the exception of teaching, scientific
and creative activities performed outside of
their working hours) or to be members of an
administrative body or board of supervisors
of a profit-seeking enterprise or organisation;
The organisation, authority and operational
procedure of the Cabinet of Ministers of Ukraine,
and other central and local bodies of executive
power, are determined by the Constitution and
the laws of Ukraine.
|
|
