UKRAINE

Verkhovna Rada


Parliamentary Oversight
Contents:

Political system
 
Type of political regime:   semi-presidential
The President is the Head of State and acts in its name (Article 102 of the Constitution). He or she is the guarantor of state sovereignty and territorial indivisibility, the observance of the Constitution and human and citizens' rights and freedoms.
Head of the executive:    President of the Republic
The Cabinet of Ministers is the highest body in the system of bodies of executive power (Article 113 of the Constitution). The Prime Minister manages the work of the cabinet and directs it for the implementation of the programme of activity of the cabinet adopted by the parliament.
Method for appointing the executive
The President is directly elected by the citizens on the basis of universal, equal and direct suffrage by secret ballot (Article 103 of the Constitution). The President appoints the Prime Minister with the consent of more than one-half of all members of the parliament, terminates the authority of the Prime Minister and adopts a decision on his or her resignation (Article 106.9 of the Constitution). The President also appoints, on the submission of the Prime Minister, the other members of the cabinet, chief officers of other central bodies of executive power, and also the heads of local state administrations, and terminates their authority in these positions.
Term of office of the executive and coincidence with the term of the legislature   5 years
The President is directly elected by the citizens for a five-year term (Article 103 of the Constitution). One person may not be President for more than two consecutive terms. The parliament consists of 450 deputies who are elected for a four-year term on the basis of universal, equal and direct suffrage by secret ballot (Article 76 of the Constitution).
Incompatibility of the functions of member of the executive and member of Parliament:   Yes
Ministers and chief officers of central and local bodies of executive power do not have the right to combine their official activity with other work outside of working hours, except teaching, scholarly or creative activity not may they be members of administrative bodies or boards of supervisors of proft-making enterprises (Article 120 of the Constitution).
Dissolution of Parliament:    Yes
  • Circumstances
The President may terminate the authority of the parliament prior to the expiration of its term if within 30 days of a single regular session the plenary meetings fail to commence (Article 90 of the Constitution).
  • Modalities
The authority of the parliament, which is chosen at special elections conducted after the pre-term termination by the President, may not be terminated within one year from the day of its election. The authority of the parliament may not be terminated prior to the expiration of its term within the last six months of its term. No dissolutions have occurred over eleven years between 1990 and 2000.

 
Accountability of Government to Parliament^ TOP ^   
 
Accountability of Government to Parliament:   Yes
The cabinet is responsible to the President and is under the control of and collectively accountable to the parliament within the constitutional limits (Article 113 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
At a parliamentary session every deputy has the right to present an inquiry to the parliamentary bodies, the cabinet, chief officers of other bodies of state power and bodies of local self-Government, and also to the chief executives of enterprises, institutions and organizations located on the territory, irrespective of their subordination and forms of ownership. Chief officers of bodies of state power and bodies of local self-Government, chief executives of enterprises, institutions and organizations are obliged to notify a deputy of the results of the consideration of his or her inquiry (Article 86 of the Constitution).
  • Government reports to Parliament
The parliament hears annual and special messages of the President on the domestic and foreign situation (Article 85.8 of the Constitution).
Measures
  • Vote of confidence on Government programs and/or legislative proposals
The parliament considers and adopts a decision on the approval of the cabinet's programme of activity (Article 85.11 of the Constitution).

 
Oversight over the actions of the Government administration^ TOP ^   
 
Oversight of actions of the Government administration by Parliament:   Yes
The cabinet is responsible to the President and is under the control of, and collectively accountable to, the parliament within the constitutional limits (Article 113 of the Constitution).
Means and modalities of oversight
  • Hearings in Committees
Not applicable
  • Committees of inquiry and missions to Government departments
To investigate issues of public interest, the parliament establishes temporary investigation commissions if no less than one-third of all deputies have voted in favour thereof. The conclusions and proposals of such commissions are not decisive for investigations and courts (Article 89 of the Constitution).
  • Oral and written questions of parliamentarians
Parliament exercises oversight over the actions of the administration by putting oral and written questions to the Government. The deadline for replies is one month, and one day in a plenary, a month is set aside for questions. Questions can give rise to a debate if more than one-fifth of all deputies insist on it.
  • Role of Parliament in the appointment of senior Government officials
The parliament appoints and dismisses from office the chairman and other members of the chamber of accounting, the authorized Human Rights Representative of the parliament, the chairman of the national bank on the submission of the President, one-half of the composition of the Council of the National Bank, one-half of the composition of the National Council on Television and Radio Broadcasting, and the members of the Central Electoral Commission on the submission of the President (Article 85.16-21 of the Constitution). Parliament also appoints judges and approves other senior government officials, but does not play any role in the appointment of ambassadors.
  • Activity reports of the Government administration and of public services or establishments
Not applicable
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman:   Yes
  • Mode for appointing an ombudsman
The authorized Human Rights Representative of the parliament is appointed and dismissed by the parliament for a five-year term, and exercises parliamentary control over the observance of constitutional human and citizens' rights and freedoms (Article 101 of the Constitution).
  • Relationship to Parliament
The parliament hears his or her annual reports on the situation of the observance and protection of human rights and freedoms.

 
Budgetary oversight^ TOP ^   
 
Consultation of Parliament in the preparation of the national budget:    No
The cabinet submits the draft law on the State budget for the following year to the parliament (Article 96 of the Constitution). The report on the course of the implementation of the state budget in the current year is submitted together with the draft law.
Modalities of oversight
  • Examination of the budget / finance act by Parliament
Any expenditure for the needs of the entire country and the extent and purpose of that expenditure is determined exclusively by the law on the state budget. The parliament approves the state budget and introduces amendments to it, controls its implementation and adopts decisions in regard to the report on its implementation (Article 85.4 of the Constitution).
  • Reports on the budget / finance act by Committees
Not applicable
Fields overseen
  • Defence budget
Not applicable
  • Budget of special departments
Not applicable
  • Role of Parliament in national development plans
The parliament may approve some national development plans.
Parliament's deadline for the examination and adoption of the budget / finance act
The cabinet submits the draft law on the state budget to the parliament no later than on 15 September of each year. It is approved by the parliament before the first day of December for the period from 1 January to 31 December, and under special circumstances for a different period.
Consequences of failure by Parliament to adopt the budget / finance act
Disbursements are executed according to a special procedure, envisaged by the budgetary code.
Budgetary autonomy of Parliament:   Yes
The parliament appoints and dismisses from office the Head of Staff of the parliament, approves the parliamentary budget and its staff structure (Article 85.35 of the Constitution).

 
Oversight of the implementation of the budget and of Government spending^ TOP ^   
 
Evaluation of Government spending
  • Government reports to Parliament about public spending periodically:   Yes
The cabinet ensures the implementation of the state budget and submits the report on its implementation to the parliament together with the draft budget (Article 97 of the Constitution). The submitted report is made public. The cabinet also submits an annual report on the implementation of the Finance Act.
  • Not applicable
Parliamentary oversight of public companies:   No
Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
The Chamber of Accounting exercises control over the use of finances of the state budget on behalf of the parliament (Article 98 of the Constitution).
  • Reports of the public auditor's office
The parliament exercises oversight over the execution of the budget through reports by the accounting office or any other body for the auditing of the government books.

 
Oversight over foreign policy^ TOP ^   
 
Modalities of oversight
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.
  • Plenary debates on foreign policy issues
Not applicable
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
Not applicable
  • Other mechanisms for participation in foreign policy by Parliament
There are no other parliamentary oversight mechanisms in addition to the above.

 
Oversight over national defence policy^ TOP ^   
 
Modalities of oversight
  • Parliamentary oversight of public arms manufacturing companies
Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
The parliament declares war upon the submission of the President, and concludes peace; it approves the decision of the President on the use of armed forces and other military formations in the event of armed aggression (Article 85.9 of the Constitution). The parliament also confirms decrees, within two days of the address by the President, on the introduction of martial law, on a state of emergency in the country or in particular areas, on total or partial mobilization, and on the announcement of particular areas as zones of ecological emergency situations (Article 85.31 of the Constitution).
  • Role of Parliament in sending troops abroad
The parliament exercises oversight over defence policy when troops are sent abroad.
  • Other mechanisms for participation in national defence policy by Parliament
There are no other parliamentary oversight mechanisms in addition to the above.

 
State of emergency^ TOP ^   
 
Circumstances
The President forwards the submission on the declaration of a state of war to the parliament, which also adopts the decision on the use of armed forces in the event of armed aggression (Article 106.19 of the Constitution). The President adopts a decision in accordance with the law on the general or partial mobilization and the introduction of martial law in the country or in particular areas in the event of a threat of aggression or danger to state independence. The President also adopts a decision, should the necessity arise, on the introduction of a state of emergency in the country or in particular areas, and should the necessity arise, declares certain areas of the country as zones of ecological emergency situations with subsequent confirmation of these decisions by the parliament.
Can parliament take the initiative to declare a state of emergency:   No
 
Consequences of a state of emergency for Parliament
In the event of the introduction of martial law or a state of emergency, the parliament assembles within a period of two days without convocation (Article 83 of the Constitution). In the event that the term of authority of the parliament expires while martial law or a state of emergency are in effect, its authority is extended until the day of the first meeting of the first session of the parliament, elected after the cancellation of martial law or of the state of emergency.

 
Verification of the constitutionality and the application of laws^ TOP ^   
 
Modalities of oversight
  • Body ruling on the constitutionality of laws:    A specialised body / constitutional Court
The Constitutional Court is the sole body of constitutional jurisdiction (Article 147 of the Constitution). It decides on issues of conformity of laws and other legal acts with the Constitution and provides the official interpretation of the Constitution and the laws. The Court is composed of 18 judges with the President, the parliament and the Congress of Judges each appointing six judges. The judges are appointed for nine years without the right of appointment for a repeat term. The Chairman of the Constitutional Court is elected by secret ballot for one three-year term only at a special plenary meeting of the Court from among its judges.
  • Means and procedures
Evaluation of laws:   No
Not applicable
Measures against legislative inflation
Not applicable



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