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How Government Works in Ukraine (14.08.2018)

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How Government Works in Ukraine (14.08.2018)

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How Government Works in Ukraine (14.08.2018)

  1. 1. How Government works in Ukraine (as of 14.08.2018) 1
  2. 2. Government Structure in Ukraine President of Ukraine Legislative Branch Verkhovna Rada Executive Branch Cabinet of Ministers Judicial Branch Courts 2
  3. 3. Ukraine has unicameral parliament, its constitutional composition is 450 MPs (known as People's Deputies of Ukraine) who are elected on the basis of general, equal and direct election right by secret ballot for 5 years term. The Verkhovna Rada of Ukraine THE MAIN FUNCTIONS OF UKRAINIAN PARLIAMENT ARE: • LEGISLATIVE FUNCTION • REPRESENTATIVE FUNCTION • CONSTITUENT FUNCTION • PARLIAMENTARY OVERSIGHT • BUDGET FUNCTION • FOREIGN POLICY FUNCTION 3
  4. 4. Due to Constitution of Ukraine the Verkhovna Rada has the following powers: • to introduce amendments to the Constitution of Ukraine; • to call the All-Ukrainian referendum; • to adopt laws; • to approve the State Budget of Ukraine and amend it; to supervise the execution of the State Budget and adopt decisions on reporting concerning its execution. • to establish the principles of internal and foreign policy; • to approve national programs for economic, scientific, technical, social, national, and cultural development and protection of the environment; • to call elections for the President of Ukraine; • to declare war, upon the recommendation made by the President of Ukraine, and ensure peace, approve a decision of the President of Ukraine on the use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against Ukraine; • to remove the President of Ukraine from the office in accordance with a special procedure (impeachment): (See Article 85 of Constitution of Ukraine) The Verkhovna Rada of Ukraine 4
  5. 5. The Verkhovna Rada of Ukraine Structure 5
  6. 6. The Verkhovna Rada of the VIII convocation began its work on November 27, 2014 following the snap parliamentary election, held under the mixed or parallel voting system. Mixed electoral system: • 50% of seats (225 seats) are elected by (national) proportional party lists with a 5% election threshold. • 50% of the seats are elected in 225 constituencies with a first-past-the-post electoral system in one round. Due to the law “On ensuring the rights and freedoms of citizens and legal regime on the temporarily occupied territory of Ukraine” elections did not take place in 12 Crimean constituencies, 9 constituencies in Donetsk Oblast and 6 constituencies in Luhansk Oblast. THAT IS WHY 27 SEATS OF THE 450 SEATS IN THE PARLIAMENT REMAIN UNFILLED. 6
  7. 7. Today Ukrainian Parliament is composed of 423 MPs (as of 14.08.2018) 7
  8. 8. Deputy Factions and Groups Ukrainian MPs form deputy factions and groups: currently there are six factions and deputy groups in the Parliament. A deputy faction is an association of MPs, that may include: • MPs elected on party electoral list; • MPs nominated by a political party in the single-member districts; • MPs that registered as the candidates at elections through self-promotion ; • MPs nominated by other political party that hasn`t participated in the mandates distribution due to the election results. A political party has the right to form only one deputy faction. A deputy group is an association of unaffiliated MPs (ones that haven`t joined any factions) that share certain common or similar views on public and socio-economic development. Number of MPs in the deputy group shall not be less than the number of MPs in the smallest faction, formed during the first session. Registered deputy group has the same rights, that deputy faction do. Deputy Faction Deputy Group 8
  9. 9. Deputy Factions and Groups In accordance with Regulations of the Verkhovna Rada of Ukraine registered deputy group (faction) obtains the right to: • proportional (based on the number of members) representation in all bodies of the Verkhovna Rada of Ukraine and official parliamentary delegations; • a speech for its representative on all issues of the agenda at a plenary sitting; • parliamentary group (faction) that initiated the issue under the consideration has the right to its representative`s speech after the termination of discussions during the sitting of the Parliament and its bodies. As a member of the deputy faction (group) MP has the right: • to elect and be elected to the governing bodies of the deputy faction (group); • to participate in approving the Regulation on the deputy faction (group); • to propose issues to faction`s (group`s) consideration; • to submit proposals to the matters being discussed at a deputy faction`s (group`s) meeting, participate in discussion 9
  10. 10. Faction of the PARTY “PETRO POROSHENKO BLOC” Faction of the Political party “PEOPLE’S FRONT” Faction of the Political party “Opposition Bloc” Faction of the Political party “SAMOPOMICH” Union” Faction of Oleh Liashko Radical Party Deputy Factions and Groups: 135 81 43 25 21 20 19 24 55 MPs Faction|Group name Faction of the Political party the All- Ukrainian Union “Batkivshchyna” Non-affiliated MPs Group “The Party “Revival” Group “People’s Will” MPs Faction|Group name 10 31,9% 19,1% 10,2% 5,9% 5% 4,7% 4,5% 5,7% 13% (as of 14.08.2018)
  11. 11. Gender Faction of the PARTY “PETRO POROSHENKO BLOC” Faction of the Political party “PEOPLE’S FRONT” Faction of the Political party “Opposition Bloc” Faction of the Political party “SAMOPOMICH” Union” Faction of Oleh Liashko Radical Party Faction of the Political party the All- Ukrainian Union “Batkivshchyna” Group “People’s Will” Group “The Party ”Revival” Non-affiliated People's Deputies 12.32% 13.58% 6,98% 28% 19.05% 20% 0% 0% 13.46% 371 52Female MPs Male MPs 423MPs 11
  12. 12. MPs` Aides Due to the Law of Ukraine “About the status of the People's Deputy of Ukraine” an MP can have up to thirty-one aides. Only a citizen of Ukraine, which has vocational or higher education and fluent in the state language can become an MP’s aide. MPs` aides work on fixed-term contracts on a regular basis or part-time or as volunteers. An MP has a special fund allocated for aides remuneration. Due to the Law on the Civil Service (that has come into force on May 1, 2016) MPs` aides have lost the status of civil servants. 12
  13. 13. Iryna Herashchenko First Deputy Chairperson of the Verkhovna Rada of Ukraine (Non-afiliated MP, became the MP as the member of Party “Petro Poroshenko Bloc” list) Oksana Syroid Deputy Chairperson of the Verkhovna Rada of Ukraine (Non-afiliated MP, became MP as the member of Political party “Samopomich” Union” list) The Leaders of the Verkhovna Rada of Ukraine Andrii Parubii Chairperson of The Verkhovna Rada of Ukraine (Non-affiliated MP, became MP as the member of Political party “People’s Front” list) 13
  14. 14. The Coalition 226 Due to the election results and on the basis of agreed political positions deputy factions form the coalition, which includes the majority of MPs of Ukraine – no less than 226 MPs. “European Ukraine” On November 27, 2014 factions of the Party “Petro Poroshenko Bloc”, the Political party “People’s Front”, the Political party “Samopomich” Union”, Oleh Liashko Radical Party and the All-Ukrainian Union “Batkivshchyna” signed a coalition agreement. A coalition of 302 MPs named “European Ukraine” has been established. CONSTITUTION OF UKRAINE Article 90. The President of Ukraine shall have the right to an early termination of powers of the Verkhovna Rada in the following cases: the Verkhovna Rada of Ukraine fails to form a coalition of deputy factions in compliance with Article 83 of this Constitution within one month 14
  15. 15. The Coalition Crisis Over the next almost two years factions of the parties “Batkivshchyna”, “Samopomich” Union” and Oleh Liashko Radical Party have left the coalition. Currently, the exact number of MPs in coalition is not known. On April 18, 2016 Chairperson of the Verkhovna Rada of Ukraine Andriy Parubiy announced, that he possesses the information on the number of MPs in the coalition “European Ukraine” (230 MPs). But until now this information is not available to public. Due to the statement of the civil network “OPORA” at the moment the coalition “European Ukraine”includes: • Faction of the Party “Petro Poroshenko Bloc” • Faction of the Political party “People’s Front” • Individual deputies who had been previously excluded from the coalition factions, but did not withdrew their signatures from the coalition agreement 15
  16. 16. The Coalition “European Ukraine” in the Verkhovna Rada of Ukraine of the VIII convocation Petro Poroshenko Bloc People’s Front Samopomich Oleh Liashko Radical Party Batkivshchyna Petro Poroshenko Bloc People’s Front Samopomich Oleh Liashko Radical Party Petro Poroshenko Bloc People’s Front Oleh Liashko Radical Party Petro Poroshenko Bloc People’s Front Petro Poroshenko Bloc People’s Front * * Due to the statement of the Verkhovna Rada Chairperson – Andrii Parubii 16
  17. 17. • Definition and status of opposition in Ukrainian Parliament are still not legally regulated (opposition`s existence is not normalized by Constitution). That is why factions and groups can be defined as oppositional ones either on the basis of their public statements and rhetoric or due to the facts, whether they`ve joined coalition or not. Because of this, a situation can take place when factions compete for the right to be considered the opposition. The Opposition The opposition in the Verkhovna Rada of Ukraine of the VIII convocation • The faction of the Political party “Opposition Bloc” haven’t joined the coalition agreement and on November 27, 2014 declared itself in opposition to the coalition. • The group “People’s Will” haven`t joined coalition, but it also doesn`t identify itself with opposition and other opposition parties. On July 9, 2015 its head (at the time) Ihor Yeremeyev declared the group to be a “constructive opposition”. • The group “The Party"Revival” (established in June 2015) haven`t joined the coalition and on March 16, 2015 declared its opposition activity. • The faction of Oleh Liashko Radical Party declared its shift into opposition on September 1, 2015 and officially left the coalition on March 29, 2016. • The faction of the Political party “SAMOPOMICH” Union” officially recalled its members` signatures from the coalition agreement on February 19, 2016. • The faction of the Political party the All-Ukrainian Union “Batkivshchyna” announced its withdrawal from the coalition and shift into opposition on April 5, 2016 17
  18. 18. • Committees of the Verkhovna Rada are the bodies of the Parliament formed from among MPs to implement legislative work, prepare and preliminary consider issues pertaining to work of the Verkhovna Rada of Ukraine and realize the control functions. • The parliament of Ukraine adopts certain number of committees at each new convocation as well as their names and competence. • Membership in committees is organized at the beginning of the term of the Verkhovna Rada to be proportional to the representation of the membership of the house as elected. Factions nominate their members for membership in the Committees and this decision is confirmed by a vote of the house. • The 8th VR established 27 committees and one special commission. Committees 27+1 18
  19. 19. 19 Name of the Committee Number of Members Head of the Committee Faction, that the Head of the Committee presents Committee on Agrarian Policy and Land Relations 30 --- --- Committee on Construction, Urban Development, Housing and Communal Services 13 Serhiy Skuratovskyy Faction of Oleh Liashko Radical Party Committee on Budget 29 Andriy Pavelko Faction of the PARTY “PETRO POROSHENKO BLOC” Committee on State Building, Regional Policy and Local Self-Government 17 Serhiy Vlasenko Faction of the Political party the All-Ukrainian Union “Batkivshchyna” Committee on Environmental Policy, Nature Resources Utilization and Elimination of the Consequences of Chornobyl Catastrophe 13 --- --- Committee on Economic Policy 15 Andriy Ivanchuk Faction of the Political party “PEOPLE’S FRONT” Committee on European Integration 9 --- --- Committee on Legislative Support of Law Enforcement 21 Andriy Kozhemyakin Faction of the Political party the All-Ukrainian Union “Batkivshchyna”
  20. 20. 20 Committee on Corruption Prevention and Counteraction 24 --- --- Committee on Foreign Affairs 10 Hanna Hopko Non-affiliated with any faction Committee for Informatization and Communications 8 Oleksandr Danchenko Faction of the Political party “SAMOPOMICH” Union” Committee on Culture and Spirituality 7 Mykola Knyazhytskyy Faction of the Political party “PEOPLE’S FRONT” Committee on Science and Education 7 --- --- Committee on National Security and Defence 19 Serhiy Pashynskyy Faction of the Political party “PEOPLE’S FRONT” Committee on Public Health 14 Olha Bohomolets Faction of the PARTY “PETRO POROSHENKO BLOC” Committee on Fuel and Energy Complex, Nuclear Policy and Nuclear Safety 20 --- --- Committee on Taxation and Customs Policy 32 Nina Yuzhanina Faction of the PARTY “PETRO POROSHENKO BLOC” Committee on Human Rights, National Minorities and Interethnic Relations 10 Hryhoriy Nemyrya Faction of the Political party the All-Ukrainian Union “Batkivshchyna” Committee on Legal Policy and Justice 32 Ruslan Knyazevych Faction of the PARTY “PETRO POROSHENKO BLOC”
  21. 21. 21 Committee on Industrial Policy and Entrepreneurship 10 Viktor Halasyuk Faction of Oleh Liashko Radical Party Committee on Rules of Parliamentary Procedure and Support to Work of The Verkhovna Rada of Ukraine 11 --- --- Committee on Freedom of Speech and Information Policy 13 Viktoriya Syumar Faction of the Political party “PEOPLE’S FRONT” Committee on Family Matters, Youth Policy, Sports and Tourism 8 Artur Palatnyy Faction of the PARTY “PETRO POROSHENKO BLOC” Committee on Social Policy, Employment and Pension Provision 6 Serhii Kaplin Faction of the Political party “PEOPLE’S FRONT” Committee on Affairs of Veterans, Combatants, ATO Participants and Disabled People 7 Oleksandr Tretyakov Faction of the PARTY “PETRO POROSHENKO BLOC” Committee on Transport 20 Yaroslav Dubnevych Faction of the PARTY “PETRO POROSHENKO BLOC” Committee on Financial Policy and Banking 12 --- --- Ad Hoc Supervisory Panel of the Verkhovna Rada of Ukraine on Privatization 14 --- ---
  22. 22. Main stages of legislative process Bill Initiation • Three Subjects of Legislative Initiative – MPs, the Cabinet of Ministers, the President. Registering; Determining the lead committee; Distribution of text to Committees and the Cabinet of Ministers; Review by the VR Main Scientific and Expertise Department; Round tables and Committee hearings. First Reading • Consideration in plenary session: passage requires 226 votes; decides which draft becomes basis for further work if there is more than 1 Second Reading • Review by VR Main Legal Department, Proposals reviewed by the lead committee often after public consultations; Consideration of proposals in plenary session; Second vote requires 226 (most often also final vote) Third Reading • Finalization of text; Third Vote; VR Speaker signs and sends to President for signature Promulgation or Veto • Signed text is published in official gazettes or President may return with suggested amendments, veto override requires 300 votes 22
  23. 23. 23 Registration of the bill with the sector of registration bills Copies distributed to the Committee, which is determined as the main (preparation of preliminary consideration and conclusions on inclusion in the agenda of the session) Chairman or deputy chairman of the VR shall return the bill to the sector of registration bills Copies distributed to People’s Deputies Registration and submission of the bill to the Verkhovna Rada The first reading of the - discussion of the main principles, provisions, criteria, structure of the bill and its adoption in the first reading. Inclusion in the agenda Consideration of the draft law of the Verkhovna Rada in the first reading (decision making in full or short procedure) Rejection of the bill Return of the bill to the subject of the right of legislative initiative or referral of the draft law for revision (re-first reading) Adoption of the bill in the first reading Preparation of the draft law for the signature of the President public discussion Assignment for the Main Committee to prepare the bill for the second reading Repeat the first reading of the bill Repeat the first reading of the bill
  24. 24. 24 The second reading of the bill - article-by-article discussion and adoption in the second reading Amendments and proposals to the bill (in 14 days after the adoption in the first reading) Consideration of the bill by the VR (article-by-article voting) Conclusion of the Main Legal Department Rejection of the bill Sending the bill for revision Adoption of the bill for the second reading and in the final reading Assignment for the Main Legal Department to prepare a bill for the third readingPreparation of the draft law for the signature of the President Revision of the bill by the Main CommitteeRepeat second reading The third reading of the bill is the adoption of a bill, which needs to be finalized and agreed in general Preparation of the draft law for the third reading by the Main Committee (formation of the table of amendments and proposals) Consideration of the bill in the third reading Rejection of the bill Adoption of the law in the final reading Initiating of an all- Ukrainian referendum The Chairman of the Verkhovna Rada shall make a decision not earlier than two and not later than five days from the date of submission Consideration by the Verkhovna Rada of proposals In case of rejection of all proposals In case of acceptance of at least one proposals The Main Committee, with the participation of the legal department and the editorial department, prepares the text of the law for the signature within 3 days. Chairman of the Verkhovna Rada signs the law and immediately sends it to the President
  25. 25. 25 Consideration of the Law by the President of Ukraine. Entry into force The President is considering the law (within 15 days) Veto Signs the law and officially promulgates within 10 days Does not return the law Signs and officially promulgated by the Chairman of the Verkhovna Rada Consideration extraordinary at the plenary session of the VR Consideration of the President's proposals The law is rejected by at least 226 votes The law is adopted in final by not less than 300 votes Consideration of separate proposals of the President All proposals are accepted Only a part of the proposals is accepted All suggestions are not accepted Adoption in final by no less than 300 votes Adoption in final by no less than 226 votes In case of a rejection may be sent for reconsideration (once) The President re-examines the law (within 15 days) Signs the law and officially promulgates it within 10 days Does not sign Directed repeatedly for signature to the President The Chairman of the Verkhovna Rada promptly promulgates and publishes the law by his signature
  26. 26. Drafted laws and regulations Adopted laws and regulations Drafted & Adopted Laws and Regulations laws and regulations have been drafted by the MPs, the Cabinet of Ministers and the President of Ukraine during 8th convocation of the Verkhovna Rada of Ukraine 154 by the President 931 by the CMU 5528 by MPs of them have been adopted 6613 808 12% 26 Data: https://rada.oporaua.org/ (as of August 14, 2018)
  27. 27. Number of laws and regulations adopted during 8 sessions of 8th convocation is 76. (as of August 14, 2018) Drafted laws and regulations Adopted laws and regulations Initiated by the President of Ukraine Initiated by the Cabinet of Ministers of Ukraine Initiated by the MPs of Ukraine 154|117 931|268 5528|423 76% 29% 8% 27 Data: https://rada.oporaua.org/
  28. 28. Percentage of adopted laws from initiated draft bills by factions and groups during 8th convocation 28 Data: https://rada.oporaua.org/
  29. 29. Laws and regulations initiated by the MPs The main topics of normative acts, submitted by the MPs are: economic policy, industry development, legal policy, social policy, state building and security&defense 29 ECONOMIC POLICY INDUSTRIAL DEVELOPMENT LEGAL POLICY SOCIAL POLICY STATE BUILDING SECURITY AND DEFENSE INTERNATIONAL AGREEMENTS HUMANITARIAN POLICY
  30. 30. According to Constitution of Ukraine (article 116), the Cabinet of Ministers is the highest body in the executive branch. The Cabinet of Ministers of Ukraine: • ensures the state sovereignty and economic independence of Ukraine, implementation of domestic and foreign policy of the State, and the execution of the Constitution, laws of Ukraine, and acts of the President of Ukraine; • elaborates a draft law on the State Budget of Ukraine, ensures the implementation of the State Budget and submits a report on its implementation; • directs and co-ordinates the work of ministries and other executive authorities; The Cabinet of Ministers of Ukraine 30
  31. 31. • The Prime Minister of Ukraine is appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the President of Ukraine. The candidature for the appointment as the Prime Minister is introduced by the President on the basis of a proposal of the coalition of deputy factions. • The Minister of Defence and the Minister of Foreign Affairs are appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the President of Ukraine, whereas other members of the Cabinet of Ministers are appointed by the Verkhovna Rada of Ukraine upon the submission of proposal by the Prime Minister of Ukraine. (art. 114) The Cabinet of Ministers of Ukraine 31
  32. 32. The Cabinet of Ministers of Ukraine Vice Prime Minister Volodymyr Kistion Vice Prime Minister of Ukraine for European integration and Euro-Atlantic Integration Ivanna Klympush- Tsintsadze Vice Prime Minister Pavlo Rozenko Prime Minister Volodymyr Groysman Members of the Cabinet of Ministers First Vice Prime Minister of Ukraine Minister of Economic Development and Trade Stepan Kubiv Vice Prime Minister Minister of Regional Development, Construction and Housing Hennadiy Zubko Vice Prime Minister Viacheslav Kyrylenko (as of 14.08.2018) 32
  33. 33. 33 The President of Ukraine According to Constitution of Ukraine (article 102), the The President of Ukraine is the Head of State and acts in its name. The President of Ukraine is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens' rights and freedoms. • ensures the independence, national security, and legal succession of the State; • addresses the people, delivers annual and extraordinary speeches on the domestic and foreign situation of Ukraine to the Verkhovna Rada of Ukraine; • represents the State in international relations, administers the foreign political activity of the State, conducts negotiations and concludes international treaties; • adopts decisions on the recognition of foreign states; • is the Commander-in-Chief of the Armed Forces of Ukraine; • heads the Council of National Security and Defense of Ukraine; (article 106)
  34. 34. President’s Office Chief of Ofiice Ihor Rainin Main Department of Foreign Policy and European Integration Main State and Legal Department Main Department of Law- Enforcement Bodies and Combating Corruption Advisers to the President Ruslan Demchenko Yuriy Bohutskyi Main Department on the Legal Policy Commissioner of the President of Ukraine for Control over the Activities of the Security Service of Ukraine Dmytro Yarmak Office of the the President of Ukraine Main Department of National Security and Defense Affairs Press Secretary of the President Svyatoslav Tseholko Main Department of the Regional and Personnel Policy First Assistant to the President of Ukraine Yuriy Onishchenko Main Control Department Main Department of the State Protocol and Ceremonial Main Department of Access to Public Information Main Department of Humanitarian Policy Main Department for Domestic Policy Main Department for Informational Policy Main Department of Documentary Provision Department of Local Government and Decentralization Department of State Decorations Department for Citizenship Affairs Department for Pardon Affairs Information Security Department Office for Interaction of the President with the Cabinet of Ministers Office for Interaction of the President with the Verkhovna Rada Office for Representing the Interests of the President in the Courts Deputy Chief of the Office Oleksiy Filatov Deputy Chief of the Office Valeriy Kondratiuk Deputy Chief of the Office Kostiantyn Yelisieiev First Deputy Chief of the Office Vitaliy Kovalchuk Outer Office of the President of Ukraine Commissioner of the President of Ukraine for the Affairs of Crimean Tatars Mustafa Dzhemilev Commissioner of the President of Ukraine for the Rights of People with Disabilities Valeriy Sushkevych Deputy Chief of the Office Dmytro Shymkiv Chief of the Secretariat of the Office Oleksiy Dniprov Representative of the President in the Verkhovna Rada IT Department HR Department Commissioner of the President for Children's Rights Mykola Kuleba National Security and Defense Council of Ukraine Oleksandr Turchynov (Secretary of NSDCU) 34 Commissioner of the President of Ukraine for rehabilitation of ATO participants wounded, shell-shocked, crippled or diseased during participation in the anti-terrorist Operation Vadym Svyrydenko Office of the Head of the Presidential Administration of Ukraine Representative of the President in the Cabinet of Ministers Information Security Department Office for Activity of the Commissioner of the President of Ukraine for the Affairs of Crimean Tatars Office for Activity The Commissioner Of the President of Ukraine For the Rights of Disable Persons
  35. 35. Executive Powers Offices Agencies Inspections Other Central Executive Powers CEP with special status Ministries Other Central Executive Powers National Commissions CM ARC*, Oblast State Administrations (24) Kyiv & Sevastopol* City Administrations Rayon (490), Kyiv (10) & Sevastopol* (4) Rayon Administrations At the local levelCentral 35
  36. 36. Cityrada executive committees Townrada executive committees Settlementsrada executive committees State Ukraine Units Regional level 27 units Rayon (Sub- regional) level 490 + 14 units s24 Oblasts Kyiv City AR Crimea Sevasto- Pol* City Executive branch Local Councils Oblast offices of central executive power Rayon offices of central executive power Oblast State Administration (24) CM of ARC, Cities Administrations (2) Oblast Councils (24), VR ARC*, Sevastopol City Councils* Rayon State Administration Rayon Council (490), Kyiv (10) & Sevastopol Rayon Councils* (4) Administrative division & local offices of Central Agencies s s490 Rayons s 10 Rayons in Kyiv s 4 Rayons in Sevastopol* Local level 460 Cities, 885 Towns, 28385 Villages s 460 Cities s s885 Towns s s s 28385 Villages Settlement Councils Town Councils City Councils 36
  37. 37. Connections between Ministries and other CEP (as of 14.02.2018) • State Treasury Service • State Service of Financial Monitoring • State Fiscal Service Ministry of Finance (Acting) Oksana Markarova • State Service for Export Control • State Statistics Service • State Agency for Reserves • State Service for Intellectual Property (at liquidation stage) Ministry of Economic Development and Trade Stepan Kubiv • State Archive Service Ministry of Justice Pavlo Petrenko • State Cinema Agency • Ukrainian Institute of National Memory Ministry of Culture Yevhen Nyshchuk • State Aviation Service • State Agency for Roads • State Service for Transport Security Ministry of Infrastructure Volodymyr Omelian • State Border Guard Service • State Migration Service • State Emergency Service • National Police Ministry of Interior Affairs Arsen Avakov • State Archive Service • State Labor Inspectorate • Pension Fund Ministry of Social Policy Andrii Reva • The State Food Safety and Consumer Protection Service • State Service for Geodesy, Cartography and Cadastre • State Agency for Forest Resources • State Fishery Agency Ministry of Agrarian Policy and Food Taras Kutovyi Ministries Other Central Executive Agencies Ministries 37
  38. 38. • State Geological Service • State Agency of Water Resources • State Environmental Inspectorate • State Agency for Management of Exclusion Zone Ministry of Ecology and Natural Resources of Ukraine Ostap Semerak • State Agency of Energy Efficiency and Energy Saving • State Architectural and Construction Inspectorate • State Service for Electronic Government Ministry of Regional Development, Construction and Housing Hennadiy Zubko Ministry for Temporarily Occupied Territories and Internally Displaced Persons Vadym Chernysh Ministry of Information Policy Yuriy Stets Ministry of Youth and Sport Ihor Zhdanov • State Service of Medicines and Drug Control • State Sanitary Service Ministry of Health Care (Acting) Uliana Suprun • State Executive Service of Educational Institutions Ministry of Education and Science Lilia Hrynevych • State Inspection on Energy Supervision Ministry of Energy and Coal Industry Ihor Nasalyk Ministry of Defense Stepan Poltorak Ministry of Foreign Affairs Pavlo Klimkin Ministries Other Central Executive Agencies Ministries 38
  39. 39. Supreme Court (min 65, max 200 Judges) Plenum of the Supreme Court Grand Chamber of the Supreme Court (21 Judges: 5 Judges are elected by every cassation court of the Supreme Court) Civil Cassation Court Criminal Cassation Court Commercial Cassation Court Administrative Cassation Court Appellate Courts S U P R E M E C O U R T *6In accordance with the Law adopted in 2016 Judicial power High Anti-Corruption Court* Appellate Commercial Courts High Intellectual Property Court * 39 ** The information provided by USAID New Justice Program Circuit Courts Circuit Commercial Courts Appellate Commercial Courts Circuit Administrative Courts
  40. 40. Judicial Institutions 40 HIGH COUNCIL OF JUSTICE (HCJ) Constitutional body. Consists of 21 members (10 judges elected by the Congress of Judges, the President, the Parliament, the Congress of Advocates, conference of prosecutors and conference of the higher legal education institutions select two members each, Chief Justice is ex officio member). Key functions include: • Submits to the President recommendation on judicial appointing; • Disciplines judges and prosecutors; • Decides on judicial transferring and dismissal; • Lifts the judicial functional immunity; • Suspends judges from the office in cases prescribed by the Law. HIGH QUALIFICATIONS COMMISSIONS OF JUDGES (HQC) Consists of 16 members (8 judges elected by Congress of Judges, 2 members from the higher legal education institutions, 2 members from Congress of Advocates, 2 members of the Ombudsman, and 2 members of the SJA) and is a full-time legal entity. Key functions include: • Deals with the qualifications evaluation of judges; • Selects the candidates for the judicial vacancies; • Submits to the HCJ recommendations on judicial appointment and transfer NATIONAL SCHOOL OF JUDGES (NSJ) Has a special status within the judiciary and is not a subject for legislation on higher education. Is responsible for: • Initial trainings of judicial candidates; • Ongoing trainings for judges and the court staff • Scientific support for the operations of the HCJ and HQC. STATE JUDICIAL ADMINISTRATION (SJA) An institution of the judicial branch of power under the authority of the High Council of Justice. The Head of the SJA is appointed by the HCJ. Provides budget management and organizational support to the courts and institutions of the judicial branch daily operations. TERRITORIAL DEPARTMENTS OF THE SJA Represents SJA in the regions. Is responsible for the appointment and dismissal of the chiefs of staff and their deputies of the regional courts. These decisions are subject to approval by the chief judge of the respective court. CONGRESS OF JUDGES Highest representative body of the judicial self-governance. The Congress is conducted once in two-years. Decisions are mandatory for all judges and bodies of judicial self- government. Key functions include: • Election of members of the Council of Judges; • Election of six judges of the Constitutional Court of Ukraine; • Election and dismissal of members of the High Council of Justice; • Elects and dismissal of members of the High Qualifications • Commission of Judges. COUNCIL OF JUDGES Consists of 33 membersjudges of all levels courts. Acts in lieu of the Congress of Judges during two-year period between Congress meetings. ** The information provided by USAID New Justice Program

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