Government Action Program, competition for ARMA Head position, and shorter public review period for draft ordinances: latest decisions by the Parliament

05 June 2020
Government Action Program, competition for ARMA Head position, and shorter public review period for draft ordinances: latest decisions by the Parliament
Home > Monitoring > Government Action Program, competition for ARMA Head position, and shorter public review period for draft ordinances: latest decisions by the Parliament

Resolution on Government Action Program defeated (3330)

Status: the Program sent back to the Cabinet for revision.

Who is affected: Ukrainian citizens, territorial offices of executive bodies, ministries, and the Government.

Why the Program is important: it is supposed to define Government’s plans and the Parliament has to decide whether to support such course of action. If the Program is approved by the Parliament, the Cabinet gets a year immunity from vote of no confidence.

The Program presented by Denys Shmygal’s Cabinet proposed the following:

  • short-term: fighting the pandemic, providing financial and social aid to people in need;
  • long-term: stimulating the economy, raising standard of living, building a ‘safe country’, making state more efficient.

What is wrong: the Parliament took a vote on the Program on June 4 (the deadline was on May 19).

What is right: the Program was too abstract, just a set of short theses without specific objectives, deadlines, or financial estimates, so it was a reasonable decision to send it back for revision.

What next: the Cabinet has to submit an updated version of the Program within 15 days, and then the Parliament will take a final vote whether to give the Government a year immunity from vote of no confidence.

Voted for the resolution: Servant of the People and Batkivshchyna factions, groups For the Future and Trust.

Verkhovna Rada withheld from sending its representatives to the contest committee for selection of the ARMA Head (3456)

Status: resolution has been rejected.

Who is affected: the Asset Recovery and Management Agency (ARMA) employees, candidates for the Head of ARMA position, individuals whose assets are under arrest, confiscated, or seized by the state.

What was proposed: to delegate three parliamentary representatives to the contest committee for selection of the ARMA Head.

What is right:

  • ARMA is a central executive body with a special status. According to the Constitution, the Parliament has nothing to do with appointing the Head of ARMA, so MPs do not have a power to delegate any representatives to the contest committee;
  • if the ARMA Head is appointed under the unconstitutional procedure, his or her appointment could be appealed against at any time.

What is wrong: the law still allows the Parliament to delegate its representatives to the contest committee, so legal possibility to appoint the ARMA Head under the unconstitutional procedure still exists.

Voted for the resolution: Servant of the People faction.

What next: it is highly probable that there will be another attempt to send parliamentary representatives to the contest committee.

Public review period for draft ordinances may be cut in half (2228)

Status: adopted in the first reading, MPs can submit their amendments before the second reading.

Who is affected: local government bodies and their offices, Ukrainian citizens, and civic activists.

What does it change: local councils will be allowed to post their draft ordinances for public review in at least 10 days prior to taking a vote (instead of 20 by current legislation).

What is right: local government sometimes has to deal with urgent matters and is unable to react in time because of a mandatory 20-days public review period.

What is wrong:

  • on some draft ordinances it is required to hold public hearings, so 10 days may be not enough to engage all the interested parties;
  • local councilors and watchdogs will have less time to get familiar with the documents before the vote.

Voted for the bill: Servant of the People, Opposition Platform — For Life, and Batkivshchyna factions, groups For the Future and Trust.

For more details, please, contact our analysts Oleh Savychuck ([email protected]) or Nazar Zabolotnyi ([email protected])