Weekly analytics for 24 – 30 June

Draft Law № 13407 Deserves to Be Supported

Event

On June 24, 2025, draft law № 13407 “On Amendments to Certain Laws of Ukraine to Improve the Procedure for Appointing or Electing Officials, Dismissing Them from Office, and Expressing No Confidence in the Prosecutor General in Accordance with the Constitution and Laws of Ukraine” was registered in the Verkhovna Rada of Ukraine. It proposes amendments to several laws of Ukraine, including “On the Cabinet of Ministers of Ukraine”, “On the Legal Regime of Martial Law,” and the Rules of Procedure of the Verkhovna Rada of Ukraine, as approved by the Law “On the Rules of Procedure of the Verkhovna Rada of Ukraine”.

The proposed amendments concern the procedure for appointing the Prime Minister and other members of the Cabinet of Ministers, the automatic resignation of the Cabinet of Ministers following the election of a new Parliament, and the resignation for the Prime Minister of Ukraine.

CPLR’s assessment

According to CPLR’s experts, the proposed amendments to the Law of Ukraine “On the Cabinet of Ministers of Ukraine” is worth supporting. We agree with the draft’s authors that, to enhance public awareness about candidates for the positions of Prime Minister and other Cabinet members, candidates should be required to submit motivation letters outlining the reasons for seeking the position and present their personal vision for fulfilling the responsibilities of the role. This measure would significantly improve the transparency of the government formation process. By making candidates’ motivations publicly available before any vote takes place, the public and Parliament alike would gain a clearer understanding of each nominee’s priorities and intentions. Additionally, a draft Government Action Program detailing policy goals and tasks necessary to achieve the government’s objectives should accompany the proposed candidates ahead of the vote on the Cabinet’s composition. Furthermore, candidates for Cabinet member position nominated by parliamentary factions (PM’s groups) will (instead of “may” as used in current law) be required to meet with the relevant factions (groups) and respond to their questions before their appointment is considered at a plenary session of the Verkhovna Rada.

CPLR has consistently maintained the position that the existing procedure for appointing members of the Cabinet is inadequate. Effective governance requires that the focus be placed first and foremost on the substance and direction of future government activity, rather than solely on the individuals who will carry it out.

We believe the proposal to require the Verkhovna Rada of Ukraine to receive reports on the implementation of the Cabinet of Ministers’ Action Program, the execution of the State Budget Law for the relevant year, and the progress of national programs is both reasonable and well-justified. The authors of the draft law rightly argue that such reporting would allow for an official assessment of the Government’s performance, help identify possible shortcomings in the Cabinet’s formation, and inform future decisions regarding the composition of the Government. In addition, it should be emphasized that this requirement would strengthen governmental accountability for fulfilling its commitments and for the use of public funds. It would also increase the potential for holding public officials criminally liable when there are substantiated grounds to do so.

We also support the proposal to regulate the procedure by which the coalition of parliamentary factions submits its nomination for the Prime Minister to the President of Ukraine, as well as candidates for other ministerial positions. Given the history of procedural manipulation, it is entirely appropriate to require that each submission includes a record of how coalition members voted on the nominated candidate, accompanied by their signatures. The authors’ justification for this provision – enhancing the accountability of Members of Parliament for their decisions and ensuring transparency for voters on such decisions – is both convincing and timely.

It is worth noting that in 2018, a draft law “On the Cabinet of Ministers of Ukraine and Central Executive Authorities” was developed by experts of the CPLR. It proposed a comprehensive approach to addressing challenges related to the formation of the Government.

Regarding the proposal to exclude the Cabinet of Ministers of Ukraine from Part 1 of Article 10 of the Law of Ukraine “On the Legal Regime of Martial Law”, we believe such an amendment is unnecessary. In our view, the existing provision only requires correct interpretation, namely that it prohibits the termination of the Cabinet’s powers as an institution.

The Government operates under the principle of continuity, as enshrined in Part 1 of Article 3 of the Law “On the Cabinet of Ministers of Ukraine” This principle is reinforced by Part 3 of Article 115 of the Constitution of Ukraine, which states that a Cabinet that has either resigned or whose powers have been terminated by a newly elected Verkhovna Rada shall continue to perform its duties until a new Cabinet is formed.

Therefore, the institutional powers of the Cabinet of Ministers cannot be terminated —regardless of whether martial law is in effect. However, this prohibition should not be interpreted as a ban on altering the Cabinet’s composition during martial law, including the possibility of the Cabinet’s resignation.