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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 18, 2007 No. 950

About approval of Regulations of the Cabinet of Ministers of Ukraine

(as amended on 27-01-2021)

Cabinet of Ministers of Ukraine decides:

1. Approve Regulations of the Cabinet of Ministers of Ukraine which are attached.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. Submit to Ministry of Justice in accordance with the established procedure proposals on reduction of acts of the Cabinet of Ministers of Ukraine in compliance with the Regulations approved by this resolution.

Prime Minister of Ukraine

V. Yanukovych

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 18, 2007, No. 950

Regulations of the Cabinet of Ministers of Ukraine

The regulations of the Cabinet of Ministers of Ukraine (further - Regulations) establish procedure for holding cabinet meetings of Ukraine (further - the Cabinet of Ministers), preparation and decision making, determines other points of order of its activities.

Section 1. General provisions

§ 1. Bases of activities of the Cabinet of Ministers

1. The Cabinet of Ministers is the supreme body in system of executive bodies which performs the executive authority directly and through the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea and the local state administrations, directs, coordinates and controls activities of the specified bodies.

2. The Cabinet of Ministers is collegiate organ which performs the powers decision path at meetings.

3. Activities of the Cabinet of Ministers are aimed at providing interests of the Ukrainian people by accomplishment of the Constitution and the laws of Ukraine, acts of the President of Ukraine, the Program of the activities of the Cabinet of Ministers approved by the Verkhovna Rada of Ukraine (further - the Verkhovna Rada), the solution of questions of public administration in the spheres carried to its competence.

4. The Cabinet of Ministers issues on basis and in pursuance of the Constitution and the laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada accepted according to the Constitution and the laws of Ukraine within the competence resolutions and the orders obligatory for accomplishment.

5. The Cabinet of Ministers has power to initiate legislation in the Verkhovna Rada.

§ 2. Responsibility, submission to control and accountability

The Cabinet of Ministers is responsible before the President of Ukraine and the Verkhovna Rada, is under control and accountable to the Verkhovna Rada in the limits provided by the Constitution of Ukraine.

§ 3. Interaction with the public

The Cabinet of Ministers informs the public on the activities, involves citizens in decision making process on the questions having important social significance.

The Cabinet of Ministers involves in decision making on questions which concern forming and realization of the state social and economic policy, regulation of the employment, social, economic relationships, All-Ukrainian labor unions, their associations and the All-Ukrainian Unions of the organizations of employers.

§ 3-1. Principles of forming and realization of state policy

1. Ensuring forming and realization of state policy in the spheres carried to competence of the Cabinet of Ministers is performed by the ministries in the way:

studying of the state of affairs in the respective spheres;

determinations of socially important problems requiring the solution and their prioritization;

search of optimum solutions of problems;

developments of concepts of realization of state policy in the respective spheres;

resource planning and measures necessary for realization of state policy;

project developments of legal acts, other acts of the legislation, control of accomplishment of the adopted acts;

carrying out monitoring and assessment of results of realization of state policy and development on the basis of such assessment of offers of its continuation, adjustment or the termination.

2. In the course of forming and realization of state policy need is considered:

achievements of the strategic objectives determined by the Program of activities of the Cabinet of Ministers, other strategic and program documents;

solutions of socially important problems;

to goal achievement of sustainable development;

accomplishment of the international obligations of Ukraine, in particular Agreement on association between Ukraine, on the one hand, and European Union, European Atomic Energy Community and their state members, on the other hand.

Section 2. Organization of work of the Cabinet of Ministers

§ 4. Organizational principles of activities

1. The Cabinet of Ministers plans the work on basis and in pursuance of the Program of activities of the Cabinet of Ministers what develops for and approves the annual action plan on accomplishment of the specified Program, the main directions of economic policy of Ukraine, develops and submits for consideration of the Verkhovna Rada the Budget declaration and the bill on the government budget of Ukraine for the corresponding year, drafts of nation-wide programs, plans the rule-making activities, in particular on project development of regulatory acts.

The paragraph two is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.10.2019 No. 874.

The paragraph third is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.10.2019 No. 874.

The paragraph the fourth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.10.2019 No. 874

The paragraph the fifth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.10.2019 No. 874.

2. Cabinet ministers provide unity of the Cabinet of Ministers and bear according to the law joint liability for results of activities of the Cabinet of Ministers as collegiate organ of the executive authority and personally bear responsibility for the state of affairs in the charged sphere of public administration.

3. Cabinet ministers cannot act contrary to line item of the Cabinet of Ministers, promulgate without the consent of the Prime Minister of Ukraine (further - the Prime Minister) any information on the course of cabinet meeting and assessment of line items which express cabinet ministers at meetings.

4. The Cabinet of Ministers for ensuring implementation of the powers forms government committees, and also the temporary consultative, advisory and other facilitative branches operating according to provisions which affirm the Cabinet of Ministers based on the Standard provision approved by the resolution of the Cabinet of Ministers of Ukraine of June 17, 2009 No. 599 "Questions of the consultative, advisory and other facilitative branches formed by the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2009, No. 45, of the Art. 1511).

§ 5. Program of activities of the Cabinet of Ministers

1. The program of activities of the Cabinet of Ministers in which the strategy of its activities is determined is developed on the basis of the approved political line items and program tasks of the coalition of deputy fractions in the Verkhovna Rada and proposals of cabinet ministers. The program of activities of the Cabinet of Ministers is developed for implementation of its powers.

2. Coordination of work on preparation of the Program of activities of the Cabinet of Ministers is performed by the Prime Minister or according to its order other cabinet minister.

The Cabinet of Ministers can form working group for project development of the Program of activities of the Cabinet of Ministers which activities provide the Secretariat of the Cabinet of Ministers.

3. The ministries, other central executive bodies give to the Secretariat of the Cabinet of Ministers in the form finished by it and to certain time of the offer to the Program of activities of the Cabinet of Ministers.

The secretariat of the Cabinet of Ministers based on the generalized offers of the ministries and other central executive bodies prepares the draft of the Program of activities of the Cabinet of Ministers.

For the purpose of coordination of line items of the ministries and other central Secretariat of the Cabinet of Ministers executive bodies will organize holding meetings under the chairmanship of the Prime Minister or according to its order of other cabinet minister, working meetings and consultations with participation of representatives of the specified bodies.

The prepared draft of the Program of activities of the Cabinet of Ministers is provided to the Prime Minister or the cabinet minister determined by the Prime Minister according to Item 2 of this paragraph for submitting for examination of the Cabinet of Ministers. The draft of the Program of activities of the Cabinet of Ministers moves together with the draft of the resolution of the Cabinet of Ministers on its approval and the explanatory note. Concerning such draft of the resolution requirements §37 - 42, 44 - 46 and 50 these Regulations are not applied.

4. The draft of the Program of activities of the Cabinet of Ministers at cabinet meeting is represented by the Prime Minister.

5. The program of activities of the Cabinet of Ministers moves in the Verkhovna Rada together with the cover letter signed by the Prime Minister and the draft of the resolution of the Verkhovna Rada on its approval.

§5-1. Activities planning

1. The Cabinet of Ministers provides planning of the rule-making activities for project development of the concept of realization of state policy in the respective sphere, concepts of the state target programs and concepts of the laws, drafts of regulatory legal acts.

For this purpose the Secretariat of the Cabinet of Ministers creates the schedule of preparation of the specified drafts of acts (further - the schedule).

2. The schedule is created according to offers of the central executive bodies, other subjects specified in Item 1 §48 these Regulations.

Offers in the schedule prepare on the basis of the tasks established by the laws of Ukraine, international legal obligations of Ukraine, acts of the Cabinet of Ministers, legal decisions of the Cabinet of Ministers and orders of the Prime Minister.

Offers in the schedule on project development of the act shall keep the reasonable bases for its development in initiative order.

 3. Offers in the schedule prepare in the form developed by the Secretariat of the Cabinet of Ministers and contain, in particular, the following information:

name of the draft of the act and basis for its development;

essence of the draft of the act;

reasons for need of adoption of the act (the draft of the act which is offered to be developed in initiative procedure);

responsible structural division;

approximate term of carrying out consultations with concerned parties (in case of need carrying out such consultations);

the approximate term of the direction of the draft of the act on coordination with the interested bodies;

term of entering into the Cabinet of Ministers.

4. The secretariat of the Cabinet of Ministers provides permanent updating of the scheduled plan based on proposals of subjects of introduction of drafts of acts for consideration of the Cabinet of Ministers which go to the Secretariat of the Cabinet of Ministers taking into account the new tasks established by the laws of Ukraine, international legal obligations of Ukraine, acts of the Cabinet of Ministers, legal decisions of the Cabinet of Ministers and orders of the Prime Minister.

§ 6. Going concern

1. The Cabinet of Ministers provides continuity of the activities.

2. In case of the termination of powers of the Cabinet of Ministers of the ministry and other central executive bodies provide preparation of information and analytical materials concerning current situation in the corresponding industry and field of activity with indication of the main indicators of development of industry, the list of problematic issues and offers concerning accomplishment of priorities for short-term outlook. The mentioned materials move to the Secretariat of the Cabinet of Ministers for informing again appointed Prime Minister.

3. Work on preparation by the ministries and other central executive bodies of information and analytical materials is coordinated by the Secretariat of the Cabinet of Ministers.

For this purpose the Secretariat of the Cabinet of Ministers develops form in which information and analytical materials move, and sends it to all ministries and other central executive bodies the letter signed by the State secretary of the Cabinet of Ministers of Ukraine (further - the State secretary of the Cabinet of Ministers) or one of his deputies. Such letter is sent no later than within three working days after abdication of the Cabinet of Ministers or decision making of the Verkhovna Rada about his resignation.  

4. The ministries and other central executive bodies which activities go and coordinated directly by the Cabinet of Ministers represent the information and analytical materials prepared by them to the Secretariat of the Cabinet of Ministers in time, determined in the letter of the Secretariat of the Cabinet of Ministers.

Preparation of such materials in the ministry is provided by the state secretary of the ministry who gives them to again appointed minister and the Secretariat of the Cabinet of Ministers.

The central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the corresponding ministers submit the materials prepared by them to the ministries in time, determined in the letter of the Secretariat of the Cabinet of Ministers.

In case of need the Secretariat of the Cabinet of Ministers can request from the ministries and other central executive bodies additional materials.

5. The summarized information prepared on analysis results of information and analytical materials of the ministries and other central executive bodies moves the State secretary of the Cabinet of Ministers to again appointed Prime Minister.

6. In case of dismissal from the minister's position in the acting structure of the Cabinet of Ministers the state secretary of the ministry provides preparation of the information and analytical materials specified in Item 2 of this paragraph and gives them to again appointed minister.              

§ 7. Questions which are considered at meeting

1. At the meetings the Cabinet of Ministers considers:

1) conceptual principles of realization of state policy;

2) subitem 2 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 27.08.2014 No. 477

3) questions which require normative and legal settlement by acts of the Cabinet of Ministers;

4) questions of the organizational ordering nature, including personnel problems, questions of award of awards and purpose of grants of the Cabinet of Ministers;

5) legislative initiatives of the Cabinet of Ministers;

6) questions which need settlement by acts of the President of Ukraine;

7) drafts of government statements, declarations, directives, letters, addresses and memorandums;

8) questions of rewarding with the state awards of ministers, heads of other central executive bodies, Chairman of the board of ministers of the Autonomous Republic of Crimea, chairmen of the regional, Kiev and Sevastopol city state administrations;

9) questions of rewarding with the Certificate of honor of the Cabinet of Ministers;

10) it is excluded;

11) other questions according to these Regulations.

§ 8. Organization of work of cabinet ministers

1. The organization of work of the cabinet minister is performed according to the week schedule which provides its participation in the cabinet meetings formed by the Cabinet of Ministers of bodies, government committees, boards of the central executive bodies in work of the Verkhovna Rada, the international actions, meetings, etc.

2. Cabinet ministers will organize the work taking into account need for personal participation in cabinet meetings, government committees and actions which are performed by the Cabinet of Ministers.

3. The decision on official journeys of cabinet ministers are accepted according to resolutions of the Cabinet of Ministers of Ukraine of December 11, 1992 No. 698 "About enhancement of procedure of official journeys abroad" and of March 15, 2002 No. 337 "About official journeys within Ukraine of heads of executive bodies and the Secretariat of the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2002, No. 12, the Art. 599).

4. Cabinet ministers provide coordination and coordination of the actions in case of realization of state policy. The minister, recognizing the dominating competence of other ministers of the charged sphere of public administration and not allowing intervention in the sphere of their responsibility, cannot initiate before the Cabinet of Ministers establishment of task to other minister if for the solution of question it did not hold general meetings, working meetings, consultations, etc.

5. The offers prepared by cabinet ministers for consideration at its meeting on questions which belong to competence of other cabinet ministers are introduced in the Cabinet of Ministers only after general study and coordination of the specified offers.

6. In case when according to the made decision preparation of materials (accomplishment of tasks) is assigned to several ministers, the main thing is the minister determined in the list of contractors by the first.

7. According to the Law of Ukraine "About the Cabinet of Ministers of Ukraine" questions of activities of the ministries in the Cabinet of Ministers are represented by the corresponding ministers. Questions of activities of the central executive bodies which heads are not part of the Cabinet of Ministers - ministers who direct and coordinate activities of such bodies.

Questions of activities of the Antimonopoly Committee, Fund of state-owned property, Goskomteleradio and other bodies with the special status in the Cabinet of Ministers are represented by the Prime Minister.

§ 9. Implementation of powers by cabinet ministers

1. Cabinet ministers perform the powers according to Articles 42 - 44 Laws of Ukraine "About the Cabinet of Ministers of Ukraine" according to the procedures determined by these Regulations.

2. The Prime Minister, directing work of the Cabinet of Ministers, gives instructions which are obligatory for accomplishment, to cabinet ministers, heads of other central executive bodies, except those which activities go and coordinated by the Cabinet of Ministers through the corresponding ministers, to the Chairman of the board of ministers of the Autonomous Republic of Crimea and chairmen of the local state administrations.

In case when the question which needs the decision belongs to competence of the central executive body which activities go and coordinated by the Cabinet of Ministers through the corresponding minister, the order of the Prime Minister is provided to such minister.

The order of the Prime Minister is drawn up as the official document of the organizational ordering nature on the special form.

The Prime Minister, performing the powers conferred by the law, holds meetings, working meetings and consultations with heads of the central executive bodies, the Chairman of the board of ministers of the Autonomous Republic of Crimea and chairmen of the local state administrations, hears information of heads of the specified bodies for single questions of their activities, sends them official letters.

Prime Minister:

submits for consideration of the Verkhovna Rada representation by the direction of the letter behind the signature and the vised draft of the resolution of the Verkhovna Rada on appointment of cabinet ministers (except the Minister of Foreign Affairs and the Minister of Defence), and also the chairman of the Antimonopoly Committee, the chairman Goskomteleradio, the chairman of Fund of state-owned property;

The paragraph of the seventh is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.05.2020 No. 359

submits for consideration of the President of Ukraine according to the decision of the Cabinet of Ministers by the direction of the letter behind the signature of idea of rewarding with the state awards of ministers, heads of other central executive bodies, the Chairman of the board of ministers of the Autonomous Republic of Crimea, chairmen of the regional, Kiev and Sevastopol city state administrations together with the prize letter;

submits for consideration of the President of Ukraine representation by the direction of the letter behind the signature and the vised draft of the Decree or the order of the President of Ukraine about position assignment and dismissal of chairmen of the local state administrations;

submits for consideration of the Cabinet of Ministers by the direction of the letter behind the signature of representation and the vised draft of the Presidential decree of Ukraine relatively:

- position assignment and dismissal of first deputies and deputy ministers;

- position assignment of the Chairman of the National agency concerning identification, search and asset management, received from corruption and other crimes which candidacy is selected by results of competitive selection according to the law;

- position assignment and dismissal of the head of National police according to proposals of the Minister of Internal Affairs;

signs after consideration at letter coordination cabinet meeting concerning position assignment of first deputies, deputies, deputy chairmen - chiefs of staff regional, Sevastopol city the state administrations, and also position assignment and dismissal of the first deputy, deputies, the vice-chairman - the chief of staff of the Kiev city state administration which powers concern the sphere of the executive authority.

3. The first vice-Prime Minister of Ukraine, vice-Prime Ministers of Ukraine, performing the powers conferred by the law, carry out according to the decision of the Cabinet of Ministers or at the request of the Prime Minister of meeting with the assistance of heads of the central executive bodies, the Chairman of the board of ministers of the Autonomous Republic of Crimea and chairmen of the local state administrations, and also working meetings and consultations with specified persons, send them official letters.

§ 10. Accomplishment of powers of the Prime Minister in case of its absence

1. In case of absence of the Prime Minister of power of the Prime Minister according to its order the First vice-Prime Minister of Ukraine (further - the First vice-Prime Minister) or the vice-Prime Minister of Ukraine (further - the vice-Prime Minister) on the distribution of powers determined by the Cabinet of Ministers carries out.

2.  No. 14 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.01.2017

3. The first vice-Prime Minister or the vice-Prime Minister in case of absence of the Prime Minister carries out its powers provided by part one of article 42 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine" except the powers of the Prime Minister provided by the Constitution of Ukraine.

§ 11. Activities documentation

1. Are applied to ensuring documentation of activities of the Cabinet of Ministers:

the sign manual - in case of signing (vising) of the original document, in paper form, the qualified digital signature - in case of signing (vising) of the original of the electronic document, qualified electronic seal - in case of assurance of the electronic copy of the original document;

seal with the name of the Cabinet of Ministers and the image of the State Emblem, other seals, stamps, forms of documents in paper or electronic form (further - forms) which are created on samples and are applied according to procedure, affirm the order of the State secretary of the Cabinet of Ministers.

2. Documentation of activities of the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister, vice-Prime Ministers, the minister who does not head the ministry is performed on the principles determined by the Standard instruction for documentation of management information electronically and the organizations of the work with electronic documents in clerical work, electronic interdepartmental exchange approved by the resolution of the Cabinet of Ministers of Ukraine of January 17, 2018 No. 55 "Some questions of documentation of management activity" (The Official Bulletin of Ukraine, 2018, No. 23, the Art. 770).

3. Documents which preparation is provided by Items 1 and 3 §37, Item 2 §37-1 Item 1 §44, Item 1 §46, §50 these Regulations, are created and go to the corresponding addressees exclusively electronically.

Provisions of this Item do not extend to the cases provided by paragraphs the fourth and sixth Item 5 §32 these Regulations.

§ 12. Ensuring activities of the Cabinet of Ministers

1. Organizational, expert and analytical, legal, information and material logistics of activities of the Cabinet of Ministers performs the Secretariat of the Cabinet of Ministers which acts on the basis of the Regulations on the Secretariat of the Cabinet of Ministers which approve the Cabinet of Ministers.

2. For ensuring implementation by the Prime Minister of the powers as a part of the Secretariat of the Cabinet of Ministers the Office of the Prime Minister is formed.

3. The secretariat of the Cabinet of Ministers, in particular, provides:

1) preparation of holding cabinet meetings;

2) activities of the Prime Minister, the First vice-Prime Minister, vice-Prime Ministers, the minister who does not head the ministry;

3) bringing to the central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local state administrations of acts of the Cabinet of Ministers, legal decisions of the Cabinet of Ministers and orders of the Prime Minister.

4. The minister of the Cabinet of Ministers gives vises and represents to the Prime Minister for signing the acts adopted by the Cabinet of Ministers, and for vising - the approved drafts of the laws and acts of the President of Ukraine.

5.   No. 114 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.04.2014.

5-1. No. 874 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.10.2019.

6. The documents addressed to the Cabinet of Ministers to the Prime Minister, the First vice-Prime Minister, vice-Prime Ministers, the State secretary of the Cabinet of Ministers, the minister who does not head the ministry are registered in the Secretariat of the Cabinet of Ministers which studies them and prepares for consideration and decision making by the Cabinet of Ministers and the specified officials. Drafts of acts of the Cabinet of Ministers are registered and processed in the information (automated) system of clerical work of the Secretariat of the Cabinet of Ministers.

Vice-Prime Ministers, the State secretary of the Cabinet of Ministers, the minister who does not head the ministry, Secretariat of the Cabinet of Ministers sends documents on questions which solution does not belong to competence of the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister within five days in accordance with the established procedure to the relevant state bodies on accessory.

The documents introduced in paper form prepared with use of facsimile reconstruction of the signature of person are not subject to registration in the Secretariat of the Cabinet of Ministers. Returns such documents Secretariat of the Cabinet of Ministers to the addressee without consideration.

7. Documents on questions, preparation for which consideration by the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister, vice-Prime Ministers, the State secretary of the Cabinet of Ministers, the minister who does not head the ministry needs preliminary studying corresponding central and local executive bodies, the Secretariat of the Cabinet of Ministers in the cases provided by these Regulations sends to such bodies for preparation of conclusions and introduction of offers.

8. In case when by results of consideration of correspondence which arrives in the Cabinet of Ministers the Prime Minister, the First vice-Prime Minister, vice-Prime Ministers, the State secretary of the Cabinet of Ministers, the minister who does not head the ministry need to provide the answer signed by the specified officials, its project prepares taking into account that the answer shall be provided in a month if another is not stipulated by the legislation also these Regulations.

9. Of vice-Prime Ministers, the State secretary of the Cabinet of Ministers, the minister who does not head the ministry with violation of requirements of these Regulations regarding their preparation and registration the Secretariat of the Cabinet of Ministers returns documents submitted by executive bodies for consideration of the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister within two working days for reduction in compliance with the specified requirements. Such documents return the Secretariat of the Cabinet of Ministers with use of system of electronic interaction of executive bodies, except the documents containing information with limited access.

10. The secretariat of the Cabinet of Ministers interacts with Office of the President of Ukraine, the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations.

11. For the analysis and preparation of materials on questions which are considered by the Cabinet of Ministers the Secretariat of the Cabinet of Ministers can request at central and local executive bodies, the companies, organizations and the organizations required materials.

12. Work with documents which arrive in the Cabinet of Ministers is performed in the Secretariat of the Cabinet of Ministers according to this Regulations, and also the Operating procedure with documents and the organizations of clerical work in the Secretariat of the Cabinet of Ministers which is approved by the State secretary of the Cabinet of Ministers.

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