Draft bill #10370 of December 22, 2023 

Sponsor: the President 

Status: adopted in the first reading 

Who is affected: the Cabinet of Ministers, the Ministry of Foreign Affairs, and diplomats 

Summary: 

  • to perform specific tasks in foreign policy, it will be allowed to introduce a position of the Special Representative of Ukraine. The President appoints and dismisses the Special Representative upon the submission by the Minister of Foreign Affairs 
  • the bill clarifies the functions of the diplomatic service. The diplomatic service is supposed to perform the following additional functions: 
    • in cases of deviations from the unified foreign policy, failure to meet, or improper fulfillment of international obligations of Ukraine, the service should submit rectification proposals mandatory for consideration to relevant ministries, and if necessary, submit proposals to the President or the Cabinet 
    • deliver official correspondence of the President, the Speaker of Parliament, the Prime Minister, and the Office of the President addressed to foreign state bodies via diplomatic channels 
    • support international cooperation in cyber diplomacy, promote and protect national interests, and achieve foreign policy goals of Ukraine in cyberspace 
    • facilitate the development of international cooperation involving modern information and communication technologies 
  • consular functions in Ukraine will be performed by the Ministry of Foreign Affairs and its offices within Ukraine, and abroad — by foreign diplomatic missions of Ukraine 
  • by the decision of the MFA, certain consular functions abroad may be assigned to honorary consuls of Ukraine 
  • persons aspiring to join the diplomatic service will have to undergo testing for analytical abilities and the capability to work with information in a manner determined by the Cabinet 
  • diplomatic service officials will be required to inform the MFA’s personnel management service about changes in their family status, acquisition of citizenship (subjecthood) of a foreign state, or resident permit of a foreign state within ten working days after the event 
  • having valid reasons, a diplomatic service official will be allowed to refuse two rotation proposals within twelve months from the first rotation proposal 
  • for dismissal from a diplomatic service, the following grounds are proposed: 
    • unsuccessful internship of a person who was proposed to participate in a rotation and/or received a negative evaluation following the internship 
    • failure to return without valid reasons within the prescribed time after completing a long-term mission to the MFA 
    • obtaining documents certifying the right to reside in a foreign state during a long-term mission other than documents issued to diplomatic service employees 
  • service members of the AFU will be allowed to be assigned to diplomatic service in the apparatus of military attachés and representatives of the Ministry of Defense at foreign diplomatic missions accredited by the state or at international organizations 
  • the following positions will be recognized diplomatic: defense attaché, military attaché, air force attaché, naval attaché, senior assistant and assistant defense attaché in the apparatus of military attachés at foreign diplomatic missions of Ukraine, as well as the positions of the representative of the Ministry of Defense, their senior assistant, and assistant in the apparatus of the Ministry of Defense representatives at foreign diplomatic missions 
  • it will be allowed to grant the diplomatic rank of Extraordinary and Plenipotentiary Ambassador only after at least ten years of service 
  • it will be allowed to engage funding and material assets not only from the government budget but from any legal sources. 

What is right: 

  • the bill strengthens the institutional capacity of the diplomatic service by formalizing rotation procedures, timelines for return, and grounds for dismissal 
  • the MFA will be able to attract extrabudgetary funds for its needs. 

What is wrong: 

  • there is no legal clarity regarding the powers of a Special Representative. The definition “for the performance of specific tasks” is too broad and can be interpreted arbitrarily. A person representing the state should hold a position within an executive body to ensure accountability in case of power abuse or other possible misconduct 
  • there is no legal clarity regarding the concept of the “deviation from the unified foreign policy,” which can be arbitrarily interpreted and seen as political pressure on state bodies 
  • the bill does not specify measures that diplomatic service bodies can propose to the President or the Cabinet in case there is a deviation from the unified foreign policy. This poses a risk to the independence of state bodies and may put undue pressure on them 
  • the delivery of official correspondence of the President, the Speaker of Parliament, the Prime Minister, and the Office of the President via diplomatic channels is assigned as a primary task of the Main Directorate and subdivisions of the governmental courier service of the State Service of Special Communications and Information Protection. 

Alternative solution: exclude provisions that contradict the principle of legal certainty before the vote in the second reading. 

How to help the legislator: proposals concerning the draft bill can be sent to the Committee on Foreign Affairs and Interparliamentary Cooperation.