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Salus populi suprema lex . Marcus Tullius Cicero

Legal Analytics of “Euromaidan”: legal grounds for resignation of Government
Wednesday, 04 December 2013 21:44

maidanThe Constitution of Ukraine:

The Cabinet of Ministers of Ukraine shall be responsible to the President of Ukraine and under control of and accountable to the Verkhovna Rada of Ukraine, within the limits stipulated in Articles 85, 87 of the Constitution of Ukraine.

Law of Ukraine "On the Cabinet of Ministers of Ukraine":

The dismissal of the Cabinet of Ministers of Ukraine:

1) the Verkhovna Rada of Ukraine (Parliament) adopts Resolution on distrust to the Cabinet of Ministers of Ukraine;

2) the President of Ukraine adopts decision on the resignation of the Cabinet of Ministers of Ukraine;

3) the resignation of the Prime Minister of Ukraine;

4) the death of the Prime Minister of Ukraine.

The resignation of the Cabinet of Ministers of Ukraine as a result of the Verkhovna Rada of Ukraine vote on distrust:

The Verkhovna Rada of Ukraine on the proposal of at least one third of deputies of the Parliament of Ukraine can consider on the responsibility of the Cabinet of Ministers of Ukraine and adopt decision on distrust to the Cabinet of Ministers of Ukraine.

The issue on the responsibility of the Cabinet of Ministers of Ukraine not later than ten days after the submission of proposals must be considered at the plenary session of the Verkhovna Rada of Ukraine, which is open to all members of the Cabinet of Ministers of Ukraine.

Distrust resolution of the Parliament is approved if it is supported by the majority of the constitutional composition of the Verkhovna Rada of Ukraine.

The issue of the responsibility of the Cabinet of Ministers of Ukraine may not be considered by the Verkhovna Rada of Ukraine more than once during the regular session, and within one year after approval of the Program of the Cabinet of Ministers of Ukraine.

Dismissal of the member of the Cabinet of Ministers of Ukraine:

Member of the Cabinet of Ministers of Ukraine (except the Prime Minister of Ukraine) may be resigned by the President of Ukraine by adopting decision on resignation.

Outcomes

Analyzing the current legislation of Ukraine in this area we can conclude about the lack of proper regulation of the issues of resignation of the Government of Ukraine in case of illegal actions or inaction of the government in general and its members, that lead to violations of human rights. The responsibility of the Cabinet of Ministers of Ukraine, envisaged by law, is more declarative, because in fact the law only recognizes the fact that the members of the Cabinet of Ministers are brought to responsibility according the laws. There are no legally envisaged specified grounds for a decision on resignation of government, so the question of its resignation is purely political in nature, and there is a solid legal gap in the issue of bringing the government to responsibility for non-compliance with the laws, since the law only specifies WHO can take a decision to resign it and does not specify what can be the REASON/CAUSE for dismissal. So, no matter what the government does, when President, who supports it, decides not to resign it, and parliament does not have oppositional majority, such a government practically cannot be dismissed. Therefore, the "checks and balances" mechanisms that should be specific characteristic feature of the separation of powers principle, very often cannot be implemented in Ukraine.