Weekly analysis for 20 — 26 January

New Legislative Proposals Concerning the Government, the Bureau of Economic Security of Ukraine, and the National Energy and Utilities Regulatory Commission

Event

In December 2025, several draft laws concerning the Cabinet of Ministers of Ukraine, the Bureau of Economic Security of Ukraine, and the National Energy and Utilities Regulatory Commission (NEURC) were registered with the Verkhovna Rada of Ukraine. In particular:

– Draft Law “On Amendments to the Law of Ukraine “On the Cabinet of Ministers of Ukraine” concerning the publication of additional materials to acts of the Cabinet of Ministers of Ukraine” (Reg. № 14308 of December 16, 2025). The draft law proposes to introduce an obligation for the Government to publish draft acts in advance on its official website together with additional supporting materials. This approach would replace the current rule under which only draft Government acts of significant public importance and that establish the rights and obligations of citizens are subject to prior publication in accordance with the procedure established by the Cabinet of Ministers of Ukraine. The draft law also requires the publication of explanatory notes and their annexes alongside published acts of the Cabinet of Ministers of Ukraine. The draft law was initiated by O. M. Yurchenko, a member of the parliamentary group “Vidnovlennia Ukrainy”;

– “On Amendments to certain Laws of Ukraine to strengthen the guarantees for the exercise of powers by the National Energy and Utilities Regulatory Commission” (Reg. № 14282 of December 8, 2025). The draft law proposes, among other things, amendments to the Law of Ukraine “On Civil Service”, under which the Law would no longer apply to the National Energy and Utilities Regulatory Commission. The draft law was initiated by Members of Parliament representing the political parties “Sluha Narodu”: A. V. Zhupanyn, M. M. Khlapuk, A. V. Kostiukh, O. V. Seminskyi, A. O. Radina, I. R. Sovsun, V. V. Tsabal, R. P. Hryshchuk, R. A. Pidlasa, Ya. I. Zhelezniak, and O. V. Movchan.

– “On Amendments to certain Laws of Ukraine to strengthen institutional capacity in the area of foreign economic activity and ensure the protection of the national producer” (Reg. № 14270-1 of December 17, 2025). The draft law proposes amendments to the Laws of Ukraine “On the Bureau of Economic Security of Ukraine”, “On Central Executive Authorities” and “On the Cabinet of Ministers of Ukraine”. These amendments would grant the Bureau of Economic Security of Ukraine a special institutional status. The draft law was initiated by independent member of the Ukrainian parliament L. A. Buimister.

CPLR’s assessment

The experts of the CPLR do not support the proposed legislative amendments for the following reasons.

First, the mandatory publication of additional materials for all draft acts of the Cabinet of Ministers of Ukraine, as well as for adopted acts, appears unjustified. Such information is not universally needed; it is relevant primarily to those directly affected by a specific act or to stakeholders (e.g. professionally) interested in analyzing the drafting process and substantive content of the act. In these cases, existing mechanisms for access to public information – namely, submitting information requests to the Government – are sufficient. Moreover, mandatory disclosure of additional materials would place an unnecessary administrative burden on the Secretariat of the Cabinet of Ministers, diverting resources from its core functions. Therefore, in our view, the current legal framework should be preserved.

Second, removing the National Energy and Utilities Regulatory Commission from the scope of the Law of Ukraine “On Civil Service” would further expand the list of exceptions to this Law, thereby undermining the coherence and integrity of Ukraine’s civil service system. The Commission is currently part of the system of central executive authorities, and its staff exercise powers related to the practical implementation of tasks and functions of the state. This initiative continues a flawed legislative trend, namely the exclusion of the National Securities and Stock Market Commission from the scope of the Law “On Civil Service” in February 2024 (Law of Ukraine  № 3585-IX of February 22, 2024).

Regarding the Bureau of Economic Security of Ukraine, granting it a dual institutional nature – simultaneously as a bureau and as a central executive authority with a special status would complicate the determination of its legal status and further erode the consistency of the classification of central executive authorities (particularly since this is, unfortunately, not the first such case).

Furthermore, expanding the number of central executive authorities with a special status is also not justified. Such bodies are, by their nature, constitute exceptions to the general model for organizing the executive branch in Ukraine. They are characterized by special procedures for the appointment and dismissal of their leadership, as well as distinct operational frameworks. Accordingly, their number should remain limited, and the grounds for conferring special status must be substantial and well-reasoned. Furthermore, Ukrainian legislation does not establish clear criteria or conditions for the creation of such authorities, which should not be subject to excessive or arbitrary use in practice. 

Therefore, in our view the draft laws under consideration should be revised and further refined.