Analytical ReportAnalytical Report

““Constitutional ReformConstitutional Reform::View of Civil SocietyView of Civil Society””

Agency for Legislative InitiativesAgency for Legislative Initiativeswww.parlament.org.uawww.parlament.org.ua

1. 1. Results of the Constitutional ReformResults of the Constitutional Reform, , Ways of Further Revision and Ways of Further Revision and Development of Constitutional Development of Constitutional

ProvisionsProvisions

1.1. Constitutional Reform:Advantages and Drawbacks

Preservation of the Executive Power Dualismand Preconditions for the Conflict of Competences

Restriction of InternalPolitical Party

Democracy(Imperative Mandate)

Restorationof Public Prosecution

Oversight

Creation of Preconditionsfor Restriction of Rights

of Parliamentary Minority

Improved Roleof the Government

in the Exerciseof Executive Power

Political Structuring

of the Parliament

Extended Oversight Powers of the

Accounting Chamber

Advantages Drawbacks

1.2.Further Constitutional Amendments Needed

Improvement of the Impeachment Procedure

Cancellation of Public ProsecutionGeneral Oversight Functions

Introduction of the Single Procedure for Formation of the Government

Provision of the CMU with the Right To Appoint and Dismiss

Heads of Local State Administration

Restriction of Parliamentary Immunity

Cancellation of the Imperative Mandate

Territorial System ReformLocal Self-Governance Reform

In Accordance with European Charter of Local Self-Governance

Simplification of the Procedure for Delegation of Powers to the Local Self-Governance

Review of Powers of Oblast State AdministrationsAbolishment of Rayon State Administrations

Amendment of Article 124 of the Constitution Necessary for Ratification of the Rome Charter of the International Criminal Court

1.3. Priorities for Development of Constitutional Provisions

Implementation of the governance reform

Development of direct forms of democracy (improvement of election and referendum legislation)

Definition of the hierarchy of legislation

Legislative specification of the procedure used to amend the Constitution

Legislative definition of the status of the President, completion of separation of powers and responsibilities between the President and the Cabinet of Ministers of Ukraine

Improvement of efficiency of parliamentary oversight

Security of rights of the parliamentary opposition

Establishment of proper conditions for the exercise of constitutional human and civil rights

Reform of law-enforcement bodies

2. 2. Further Public Authorities Reform Further Public Authorities Reform

2.1. Ukraine’s Obligations on Public Authorities Reform Due to Its Membership in the Council of Europe

(PACE Resolution 1466 (2005)

• Adoption of Laws on the Cabinet of Minister and the President

• Strengthening the Parliamentary Oversight Powers: Adoption of the Law on Temporary Investigation and Ad Hoc Parliamentary Commissions

• Establishment of Legislative Guarantees and Conditions for the Operation of the Opposition

• Adoption of the Law on the Parliamentary Procedure

• Continuation of the Local Self-Governance Reform for Implementation of the European Charter of Local Self-Governance

• Subordination of the State Court Administration to the Judicial Branch of Power

• Empowering the Judicial Branch to Appoint Chief Justices

• Better Court Funding and Salaries Paid to Judges

• Improved Access to Justice• Change of the Role and Functions of

the Public Prosecution • Reform of the Security Service in

Accordance with European Standards• Reform of the Penitentiary System,

Subordination of the State Penalty Execution Department to the Ministry of Justice

2.2. Improvement of Parliamentary Oversight

Adoption of the New Law on the Accounting Chamber

Definition of the Status of Temporary Ad Hoc

and Temporary Investigation Commissions

Extension of Ombudsman’s Powers in Judicial Proceedings

Clear Separation of Parliamentary Oversight Forms

Specification of Committee Oversight Powers,

Duties of Overseen Subjects, and Responsibilities

Security of Rights of the Parliamentary Minority

Establishment of Terms for the Approval

of the CMU Action Programme

Improvement of Transparency of Parliamentary Committees(creation of web-sites for all committees, provision of access to the agendas

and results of their consideration by parliamentary committees)

Improvement of Transparency of Parliamentary Control (publication of interpellations and requests and replies thereto)

Establishment of Public Councils

under the Reconciliation Council

and VR Committees

Legalisation of Lobbying

2.3. Ensuring Transparency and Accountability of the Parliament

2.4. Law on the Cabinet of Ministers: Ways of Further Improvement

• Clear separation between administrative and political posts • Separation of powers between the President and the Cabinet of Ministers in

the area of foreign policy, national security and defence• Introduction of mechanisms to ensure respect of requirements set by law to

the candidates for members of government, definition of grounds for the formal incompliance of submissions to the requirements of the law

• Definition of principles for cooperation between the Cabinet of Ministers and the Security and Defence Council

• Bringing the procedure for the submission of the candidacies for the posts of the Minister for Foreign Affairs and the Minister of Defence into compliance with the Constitution, provision of the President with the power to initiate pre-term termination of powers of these ministers

• Establishment of terms for the approval of the CMU Action Programme (for the entire term of powers or annually), consequences of the failure to approve the CMU Action Programme

• Attribution of grounds for the pre-term termination of powers of the Government and more than 1/3 of its members

• Specification of grounds for the PM and the minister in charge to refuse to countersign the presidential decrees и

• Introduction of mechanisms for reconciled adoption of decisions by the President, Parliament, and the Cabinet of Ministers (Art. 29.4 of the Law)

2.5. Main Ways of Governance Reform in Ukraine (SIGMA Recommendations, 2006)

1.General Administrative Basis

2.Public Service

3.Policy Formation and Coordination

4.Public Expenditures Management

5.Internal Financial Audit

6.External Financial Audit

7. Public Procurement System

2.6. Reform of Law-Enforcement Bodies

Deepened specialisation of courts,Introduction of juvenile justice

Ensuring Independence of the State Court Administration from the

Influence of the Executive Branch

Change of the Procedure for Appointment of Judges

to Administrative Posts

Introduction of Transparent Competition for Selection of Candidates

to the Posts of Judges

Reform of Pretrial Investigation,Separation of Investigation and Oversight

Public Prosecution ReformIn Light of the Venice Commission Opinion

Security of the Right to Judicial Protection:Adoption of the New Law on

Legal Profession And Free Legal Aid

Reform of the Interior Ministry and the Security Service

CONSTITUTIONAL REFORM OF LOCAL SELF-GOVERNANCE

2.7. Ways to Reform Administrative and Territorial System, Local State Administrations and Local Self-Governance

Change of Basic Unitsof Administrative

and Territorial Division

Establishment of Executive Bodies of Rayon and Oblast Councils,

Introduction of Indirect Electionsof Okruga, Rayon, and Oblast Heads

Attribution of Oversight Powers to OSA

Exclusion of the Oblast List from the Constitution

Change of theLSA Heads Appointment Procedure,

Abolishment of RSA

Simplification of Mechanisms for Delegation of Powers

to the Local Self-Governance

Definition of the Procedure for the Recall of Local Headsand the Local Referendum Procedure

Ensuring Transparency of Local Self-Governance Operation

Ensuring the Rights of the Political Minority In Representative Local Self-Governance Bodies

Strengthened Local Self-Governance Financial Capacity, Oversight of Local Budget Implementation

Personification of the Proportional Representation Election System in Local Elections

Cancellation of the Imperative Mandatesfor Members of Local Councils

2.8. Constitutional Amendments on Local Self-Governance Reform: Ways of Improvement

Introduction of a Three-Level System for Administrative and Territorial Division:

Oblast, Rayon, Okruga

Adaptation of the Local Self-Governance System to the System

of Administrative and Territorial Division

Attribution of the Chairman Election Procedure(Direct/Indirect Elections)

to the Area of Legal Regulation

Improvement of the Procedure for Delegation of Powers

to the Local Self-Governance

Exclusion of the Oblast List

Establishment of Procedure for Okruga Formation