Presidential Decree #695/2023 of October 17, 2023 

Decision-maker: the President of Ukraine 

Status: in effect since October 17, 2023 

Who is affected: the Cabinet of Ministers of Ukraine, the Ministry for Communities, Territories, and Infrastructure Development, the State Emergency Service, operators of critical infrastructure, oblast and city military administrations, and the Ministry of Defense 

Summary: 

enacts the decision by the National Security and Defense Council that gives orders to several government bodies.  

to the Cabinet of Ministers: 

  • to amend the methodology for classification of critical infrastructure objects 
  • to ensure the engineering and physical protection of critical infrastructure and fuel and energy objects 
  • to approve a plan for the restoration of critical infrastructure objects destroyed or damaged as a result of Russian aggression 
  • to ensure, within three months, the approval of legislative acts regarding: 
    • procurement requirements, supply, and use of goods and materials by critical infrastructure operators 
    • requirements for systems of physical protection of critical infrastructure 
  • to develop and approve, by 2023, a Plan for the Energy Resilience of Ukraine that will also define sources of the necessary funding 
  • to implement, by 2024, a system of information exchange between bodies of the national system for the protection of critical infrastructure 

the Ministry of Energy and Ministry for Communities, Territories, and Infrastructure Development, and the State Emergency Service, operators of critical infrastructure, oblast and city military administrations are ordered to ensure the protection of critical infrastructure objects and their restoration in case of damage 

the Ministry of Defense has to introduce, by 2023, training programs and qualification courses on online warfare and reconnaissance. 

What is right: 

  • the decree will facilitate the protection of critical infrastructure from Russian aggression during the winter months. 

What is wrong: 

  • the bill is unconstitutional since the President cannot give orders to the Cabinet of Ministers. The President’s mandate is limited to the powers defined in the Constitution. Thus, he can issue decrees only on issues under his authority 
  • the bill disrupts the balance of power.