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Olena Lukash: Resignation, lack of confidence and dismissal of individual Cabinet members and the Cabinet as a whole is the exclusive competence of the Parliament of Ukraine
16.02.2007, 10:24
"In accordance with the articles 85, 87, 106, 115 of the Constitution of Ukraine resignation and lack of confidence in the Cabinet of Ministers as well as dismissal of individual Cabinet members is the exclusive competence of the Verkhovna Rada of Ukraine", the First Deputy Minister of the Cabinet of Ministers, Chief of the Legal Support Office of the Cabinet of Ministers Secretariat Olena Lukash stresses.
According to her, responsibility of the Government to the President does not vest the Head of state with full rights to adopt a decision on the Cabinet's resignation. "Consideration of an opportunity to acquire this right by the President because of Government's responsibility to the Head of state means violent interpretation of the constitutional norms – the First Deputy Minister of the Cabinet of Ministers believes – responsibility of the Government lies in implementation of the decrees and cooperation with the President".
According to the article 113 of the Constitution, the Cabinet of Ministers of Ukraine is under control and accountable only to the Parliament (Verkhovna Rada of Ukraine).
As Olena Lukash explains, the procedure of the Cabinet's resignation is clearly written out in the article 87 of the Constitution of Ukraine. In accordance with it, the President is entitled to initiate adoption by the Verkhovna Rada a resolution of no-confidence in the Cabinet of Ministers. But conclusive decision on this issue adopts the Parliament.
Commenting upon the intention of the Presidential Secretariat to take an appeal to the Constitutional Court concerning probable right of the President to dismiss the Cabinet, Olena Lukash noted that she hails any appeals as it would enhance legal awareness among people and the personnel of the Presidential Secretariat, in particular. | |
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