Cabinet resolution #642 of June 27, 2023 

Decision-maker: the Cabinet of Ministers of Ukraine 

Status: in effect since June 27, 2023 

Who is affected: ministers and their deputies, heads of other central executive bodies and their deputies, and heads of local executive bodies and their deputies 

Summary of the resolution: 

  • the following changes are made to the Procedure for conducting disciplinary proceedings against the heads of executive bodies who are exempt from the Law on Civil Service: 
  • while martial law is in effect, if the Verkhovna Rada or the National Security and Defense Council adopt a decision that requires disciplinary action against the heads of executive bodies, the Cabinet of Ministers can make a decision to take such an action disregarding the requirements of the Procedure. 

What is wrong: 

  • the resolution violates the Constitution: 
    • according to Article 107 of the Constitution, the National Security and Defense Council is a coordinating body on the issues of national security and defense under the President of Ukraine. It coordinates and controls the work of executive bodies in the area of national security and defense. Therefore, as a coordinating body, the National Security and Defense Council cannot have independent powers and interfere with executive power 
    • the Verkhovna Rada cannot initiate disciplinary actions against members of the Cabinet of Ministers. Its mandate is limited to political accountability, i.e., dismissal of ministers who do not properly perform their duties 
    • the authority to initiate disciplinary proceedings or apply disciplinary penalties to the heads of executive power is an exclusive prerogative of the Prime Minister 
  • by implication, the resolution grants additional powers to the President, who controls the National Security and Defense Council 
  • the resolution distorts the unified executive hierarchy since it allows the Parliament and the National Security and Defense Council to interfere with it.