Presidential decree #682/2023 of October 9, 2023 

Decision-maker: the President of Ukraine 

Status: in effect since October 9, 2023 

Who is affected: the Cabinet of Ministers of Ukraine and the security and defense sector 

Summary of the decree: the National Security and Defense Council gave the following orders: 

  • to the Cabinet of Ministers of Ukraine: 
    • to allocate for the security and defense sector at least 21.6 percent of GDP while adjusting the bill of the Law of Ukraine On the Government Budget for 2024. At least 1,692,613 UAH has to be provided 
    • to ensure an increase in the expenditure on the national security and defense sector in 2024, taking into account military and political situation and budget legislation requirements 
  • to ensure that the security and defense sector will have priority funding in 2024 in the following areas: 
    • to strengthen the capabilities of the security and defense sector of Ukraine in armaments, military and special equipment, missiles 
    • to ensure the proper upkeep of the personnel of the security and defense forces of Ukraine and ensure that service members have appropriate social security 
    • to enhance counterintelligence capabilities and protection against terrorism and sabotage activities 
    • to improve the security system and enhance the level of protection of the state border of Ukraine 
    • to implement the state policy on cybersecurity 
    • to ensure mine clearance of the territory of Ukraine. 
  • in 2024, the security and defense sector will have to abide by the following requirements: 
    • to reduce accounts payable from carrying out state contracts for the procurement of defense goods, works and services and to prevent the formation of overdue accounts payable 
    • to ensure proper organization of claim and lawsuit work in order to reduce the state debt 
    • to strengthen financial discipline in the management of budget allocations and to ensure the target and effective use of funds 
  • the Ministry of Finance of Ukraine will have to ensure: 
    • timely funding of the expenditures of the government budget of Ukraine envisaged for the government bodies of the security and defense sector of Ukraine in 2024. 

What is right: 

  • decisions on the draft law on the government budget and amendments on the budget declaration for articles related to national security and defense comply with the provisions of the Law on the National Security and Defense Council 
  • proper funding of the security and defense sector is ensured. These funds are necessary to maintain further strengthening of the Armed Forces of Ukraine and other military units and law enforcement agencies. 

What is wrong: 

  • according to the Constitution, the President has no powers to give orders to the Cabinet of Ministers. The President’s mandate is limited by the powers defined by the Constitution 
  • the bill disrupts the balance of powers.