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LAW OF UKRAINE

of February 27, 2014 No. 794-VII

About the Cabinet of Ministers of Ukraine

(as amended on 05-02-2021)

This Law according to the Constitution of Ukraine determines the organization, powers and procedure for activities of the Cabinet of Ministers of Ukraine.

Section I General provisions

Article 1. The Cabinet of Ministers of Ukraine in system of public authorities of Ukraine

1. The Cabinet of Ministers of Ukraine (the Government of Ukraine) is the supreme body in system of executive bodies.

2. The Cabinet of Ministers of Ukraine performs the executive authority directly and through the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea and local public administrations, directs, coordinates and controls activities of these bodies.

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

Article 2. Main objectives of the Cabinet of Ministers of Ukraine

1. Treat the main objectives of the Cabinet of Ministers of Ukraine:

1) ensuring the state sovereignty and economic independence of Ukraine, implementation of domestic and foreign policy of the state, execution of the Constitution and laws of Ukraine, acts of the President of Ukraine;

2) taking measures to providing rights and freedoms of man and citizen, creating favorable conditions for free and all-round development of the personality;

3) ensuring carrying out the budget, financial, price, investment, including depreciation, tax, structural and industry policy, policy in spheres of work and employment of the population, social protection, health care, education, science and culture, conservation, ecological safety and environmental management;

4) development and accomplishment of nation-wide programs of economic, scientific and technical, social, cultural development, environmental protection, and also development, approval and accomplishment of other state target programs;

5) ensuring development and state support of scientific and technical and innovative capacity of the state;

6) providing equal conditions for development of all patterns of ownership, implementation of management of objects of state-owned property according to the law;

7) implementation of actions for ensuring defense capability and homeland security of Ukraine, public order, fight against crime, mitigation of consequences of emergency situations;

8) organization and ensuring implementation of foreign economic activity, customs affairs;

9) direction and coordination of work of the ministries, other executive bodies, control of their activities.

Article 3. Principles of activities of the Cabinet of Ministers of Ukraine

1. Activities of the Cabinet of Ministers of Ukraine are based on the principles of supremacy of law, legality, separation of the government, continuity, collective nature, joint liability, openness and transparency.

2. The Cabinet of Ministers of Ukraine performs the executive authority on the basis, within the powers and method which are provided by the Constitution and the laws of Ukraine.

3. The Cabinet of Ministers of Ukraine is collegiate organ. The Cabinet of Ministers of Ukraine makes decisions after discussion of questions at its meetings.

4. The Cabinet of Ministers of Ukraine regularly informs the public through mass media on the activities, attracts the citizens to decision making process having important social significance. Adoption by the Cabinet of Ministers of Ukraine of the acts containing information with limited access is possible only in the cases determined by the law in connection with ensuring national security and defense of Ukraine. Acts of the Cabinet of Ministers of Ukraine are subject to obligatory promulgation according to the Law of Ukraine "About access to public information".

Drafts of regulatory legal acts of the Cabinet of Ministers of Ukraine will be promulgated according to the procedure, provided by the Law of Ukraine "About access to public information", except cases of emergence of the emergency situations and other urgent cases provided by the law when such drafts of acts are published immediately after their preparation.

Article 4. Legal basis of activities of the Cabinet of Ministers of Ukraine

1. The Cabinet of Ministers of Ukraine in the activities is guided by the Constitution of Ukraine, this Law, other laws of Ukraine, and also the presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine.

2. The organization, powers and procedure for activities of the Cabinet of Ministers of Ukraine are determined by the Constitution of Ukraine, it and other laws of Ukraine.

3. The Cabinet of Ministers of Ukraine according to the Constitution of Ukraine and this Law approves Regulations of the Cabinet of Ministers of Ukraine which determine procedure for holding cabinet meetings of Ukraine, preparation and decision making, other points of order of its activities, and also determines procedure for development, execution and monitoring of execution of program documents of the Cabinet of Ministers of Ukraine.

Article 5. Location of the Cabinet of Ministers of Ukraine

1. The Cabinet of Ministers of Ukraine is in the capital of Ukraine - the city of Kiev.

Section II Structure and procedure for forming of the Cabinet of Ministers of Ukraine

Article 6. Structure of the Cabinet of Ministers of Ukraine and status of his members

1. The Prime Minister of Ukraine, the First vice-Prime Minister of Ukraine, vice-Prime Ministers and ministers of Ukraine are part of the Cabinet of Ministers of Ukraine.

2. The official structure (quantity and the list of positions) of again created Cabinet of Ministers of Ukraine is determined by the Verkhovna Rada of Ukraine by representation of the Prime Minister of Ukraine along with appointment of staff of the Cabinet of Ministers of Ukraine according to the procedure, the stipulated in Clause 9 these Laws. In case of adoption by the Cabinet of Ministers of Ukraine of the decision on creation, reorganization or liquidation of the ministry the official structure of the Cabinet of Ministers of Ukraine is considered changed from the date of adoption of such decision.

3. Positions of cabinet ministers of Ukraine belong to political positions to which the labor law and the legislation on public service does not extend.

4. The status of cabinet ministers of Ukraine is determined by the Constitution of Ukraine, it and other laws of Ukraine.

5. On representation of the Prime Minister of Ukraine the Verkhovna Rada of Ukraine can appoint ministers of persons who do not head the ministry. In structure of the Cabinet of Ministers of Ukraine no more than two such ministers can be appointed. Regulations on the corresponding ministers affirm the Cabinet of Ministers of Ukraine.

Article 7. Requirements to cabinet ministers of Ukraine

1. Cabinet ministers of Ukraine can be citizens of Ukraine who have the right to vote, the higher education and know state language. Person having the criminal record which is not extinguished or not removed in the procedure established by the law or on which within the last year administrative punishment for making of the offense connected with corruption or person who has debt on payment of the alimony for content of the child which cumulative size exceeds the amount of the corresponding payments in six months from the date of presentation of the executive document to forced execution was imposed cannot be appointed to position of the cabinet minister of Ukraine.

2. Cabinet ministers of Ukraine have no right to combine the office activities with other work, except teaching, scientific and creative in off-duty hours, to be part of governing body or supervisory board of the company aiming at profit earning. In case of the circumstances violating requirements concerning incompatibility of position of the cabinet minister of Ukraine with other types of activity, such cabinet minister of Ukraine in twenty-day time from the date of emergence of these circumstances stops such activities or submits the application in person about resignation.

3. In case of submitting for examination of the Verkhovna Rada of Ukraine idea of position assignment of the cabinet minister of Ukraine of person who is the People's Deputy of Ukraine is applied the application in person of the People's Deputy of Ukraine about early termination to representation by it of deputy powers in case of position assignment of the cabinet minister of Ukraine. The question of early termination of powers of the People's Deputy of Ukraine is considered by instantly Verkhovna Rada of Ukraine at the same plenary meeting after appointment as his cabinet minister of Ukraine.

4. Requirements and the restrictions set by the Law of Ukraine "About prevention of corruption" extend to cabinet ministers of Ukraine.

Concerning candidates for positions of cabinet ministers of Ukraine in their written consent special inspection according to the procedure, established by the Law of Ukraine "About prevention of corruption" is carried out.

Persons applying for holding the post of cabinet ministers of Ukraine before position assignment shall report to management of the Cabinet of Ministers of Ukraine about persons close to them working in this body.

Note. The term "close persons" in this Law is applied in the value given in the Law of Ukraine "About prevention of corruption".

Article 8. Position assignment of the Prime Minister of Ukraine

1. The Prime Minister of Ukraine is appointed to position by the Verkhovna Rada of Ukraine on representation of the President of Ukraine.

2. To position of the Prime Minister of Ukraine the President of Ukraine brings idea of appointment as the Verkhovna Rada of Ukraine according to the proposal of the coalition of deputy fractions in the Verkhovna Rada of Ukraine which part most of People's Deputies of Ukraine from the constitutional structure of the Verkhovna Rada of Ukraine, in time not later than for the fifteenth day after receipt of such offer is.

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