Weekly analysis for 13 — 19 January

The Security Service of Ukraine has been granted the authority to prepare draft acts of the Cabinet of Ministers of Ukraine and the President of Ukraine

Event

On October 9, 2025, Law of Ukraine  № 4633-IX “On Amendments to Certain Laws of Ukraine to Improve the Procedure for Submitting Draft Regulatory Acts on Issues Within the Competence of the Security Service of Ukraine for Consideration by the President of Ukraine and the Cabinet of Ministers of Ukraine” was adopted. It amended the Laws of Ukraine “On the Cabinet of Ministers of Ukraine” and “On the Security Service of Ukraine”.

CPLR’s assessment

The amendments to the Law of Ukraine “On the Cabinet of Ministers of Ukraine” granted the Security Service of Ukraine the right to initiate the adoption of acts, as well as the authority to prepare and submit draft acts of the Cabinet of Ministers of Ukraine for consideration by the Cabinet of Ministers of Ukraine. According to experts of the CPLR, the expediency of these amendments is highly questionable.

The Security Service of Ukraine is not part of the system of executive authorities. It is a state body of special purpose with law enforcement functions, responsible for ensuring the state security of Ukraine. The Security Service of Ukraine is subordinated to the President of Ukraine (Article 1 of the Law of Ukraine “On the Security Service of Ukraine”). The Verkhovna Rada of Ukraine exercised permanent oversight over the activities of the Security Service of Ukraine and its compliance with the law is (Part 1 of Article 31 of the Law of Ukraine “On the Security Service of Ukraine”). Thus, given its institutional status, the Security Service of Ukraine should not participate in the preparation of Government acts.

Even prior to the adoption of the amendments, the Security Service of Ukraine had the right to submit, inter alia, proposals on matters of national security that were mandatory for consideration by state authorities (paragraph 2 of part one of Article 25 of the Law of Ukraine “On the Security Service of Ukraine”). Thus, the Security Service of Ukraine may, for example, draw the Government’s attention to an issue requiring resolution by submitting relevant proposals, following its consideration the Cabinet of Ministers of Ukraine shall determine how to proceed.

While objective grounds for the submission of such proposals by the Security Service of Ukraine may truly exist, vesting this body with the authority to prepare and submit draft acts of the Cabinet of Ministers of Ukraine for its consideration is, in our view, erroneous and contradicts the principles of public administration reform.

The adoption of regulatory legal acts by the Cabinet of Ministers of Ukraine is a political function. The reform envisages that draft Government acts should be prepared by ministries, whereas other central executive authorities, the Council of Ministers of the Autonomous Republic of Crimea, regional state administrations, and the Kyiv and Sevastopol city state administrations should be deprived of such powers. This constitutes one of the key objectives of the reform, namely the clear separation of powers related to the formulation of state policy from those related to the implementation of state policy between the Cabinet of

Ministers of Ukraine and ministries, on the one hand, and the aforementioned executive authorities, on the other. In addition to their existing right to initiate Government acts, these executive authorities should retain the right to submit proposals, comments, and recommendations on draft Government acts. However, the Security Service of Ukraine should not be included among the bodies authorized to initiate Government acts, nor should it be vested with such powers.

Furthermore, the adopted Law fails to define the scope of matters on which the Security Service of Ukraine may submit draft acts for consideration by the Government. As a result, this amendment not only creates a risk of politicizing the SSU’s activities but also creates potential abuses and unjustified SSU’s interference in the work of the Cabinet of Ministers of Ukraine, including in areas which are not related to national security.

We also consider the provision amending Article 25 of the Law of Ukraine “On the Security Service of Ukraine”, which grants the SSU the authority to draft and submit regulatory legal acts not only for consideration by the Cabinet of Ministers of Ukraine but also by the President of Ukraine, to be inappropriate. The adoption of regulatory acts by the President is likewise a political function.

Moreover, the SSU already has an effective mechanism for interaction with the President of Ukraine through the membership of the Head of the SSU in the National Security and Defense Council of Ukraine. Under the Law of Ukraine “On the National Security and Defense Council of Ukraine” the Head of the SSU is an ex officio member of the Council, whose mandate includes submitting proposals to the President on matters of domestic and foreign policy in the area of national security and defense. When necessary, the Head of the SSU may raise relevant proposals through the National Security and Defense Council of Ukraine, as its members are entitled to initiate the consideration of any issues within its competence. Decisions adopted by the National Security and Defense Council of Ukraine are enacted by decrees of the President of Ukraine.

Therefore, in our view, the Security Service of Ukraine is reasonably entitled to submit proposals on national security matters that are mandatory for consideration. However, the Security Service of Ukraine should not be granted the right of initiative in the adoption of regulatory legal acts, nor the authority to draft such acts or submit them for consideration by the Cabinet of Ministers of Ukraine or the President of Ukraine.