Constitutional reform

Section 1. Monitoring of the implementation of recommendations on reform priorities for 2020–2021

1. To strictly adhere to the Constitution of Ukraine in the exercise of the institutional powers

Partially done

Threats

In general, the following pattern is observed: the Parliament in most cases adheres to the Constitution of Ukraine in the exercise of its powers, but from time to time deliberately allows its violation in order to achieve political goals.

For example, on February 18, 2021, the Parliament appointed a judge of the Constitutional Court of Ukraine loyal to the pro-governmental majority without proper competitive selection, although the competitive principles for appointing judges to the Constitutional Court of Ukraine are a direct requirement of the Constitution. In addition, the requirement for personal voting by the MPs is sometimes violated while adopting laws and other legal acts in the Parliament.

2. To constantly consider the legal positions of the Constitutional Court while considering and adopting decisions on draft laws on amendments to the Constitution of Ukraine

Not done

Threats

On February 4, 2020, the Parliament preliminarily approved a bill (№ 1017) amending Articles 76 and 77 of the Constitution of Ukraine (on reducing the constitutional composition of the Parliament and consolidating the proportional electoral system) without considering for the CCU's legal position. In its conclusion of December 16, 2019 № 8-в / 2019, the CCU drew attention to the fact that:

the provision proposed by the draft law № 1017 to reduce the constitutional composition of the Parliament to three hundred MPs should be considered in conjunction with those provisions of the Constitution that determine a certain (specific) number of the MPs (and when making such changes, the appropriate moderation and systematization of all provisions of the Constitution of Ukraine must be observed);
the practical application of the proposed by the draft law № 1017 in paragraph 17 of Section XV "Transitional Provisions" of the Constitution of Ukraine may lead to a gap in time between the moment (day) of termination of parliament and the moment (day) of their acquisition by the newly elected parliament, and thus violate the constitutional principle of continuity of functioning of the legislature.

However, due to the fact that the Parliament did not consider the bill № 1017 at the next regular session (i.e. until February 2021), it was considered rejected.

In addition, on February 4, 2020, the Parliament considered a bill (№ 1014) amending Article 106 of the Constitution of Ukraine (on consolidating the powers of the President of Ukraine to establish independent regulatory bodies, the National Anti-Corruption Bureau of Ukraine, appoint and dismiss the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the National Bureau of Investigation), on which the Constitutional Court of Ukraine issued a negative opinion, but the bill was not previously approved due to lack of votes.

3. To abandon the practice of selective, unsystematic constitutional changes without a real concept (vision) of constitutional reform and its results

Not done

On March 16, 2021, the Parliament included a bill (№ 5133) on amendments to Articles 85 and 106 of the Constitution of Ukraine on the procedure for appointment and dismissal of the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the National Bureau of Investigation in the agenda and sent it to the Constitutional Court to obtain an opinion on the compliance of this bill with the requirements of Articles 157 and 158 of the Constitution of Ukraine. The development and introduction of such a bill proves once again that the practice of initiating spot changes to the Constitution of Ukraine instead of carrying out a comprehensive constitutional reform continues in the Parliament.

4. To create an inclusive, efficiently functioning parliamentary group to prepare comprehensive constitutional reform to improve the mechanism of state power, to strengthen parliamentarism, as declared by the Parliament after the Revolution of Dignity, in particular after the return to the Constitution of Ukraine of the 2004 edition on a political and legal way

Partially done

In 2021, a parliamentary expert working group on constitutional reform was established among the MPs and leading experts in the field of constitutional law, which worked within the project "Establishing public-parliamentary cooperation in the constitutional process" implemented by the Center for Political and Legal Reforms within the USAID RADA program, implemented by the Eastern Europe Foundation, with the participation of experts from the Ukrainian Public Law and Administration Network UPLAN in the framework of the Project ENGAGE, funded by the United States Agency for International Development (USAID).

16 MPs together with experts from the public sector discussed the problems of constitutional regulation of parliamentary issues, the head of state, the executive branch, justice, constitutional control and formation of a virtuous and professional composition of judges of the Constitutional Court of Ukraine, considered the experience of Ukraine and foreign countries in regulating such issues, jointly sought ways to solve problems and shortcomings of constitutional design in Ukraine. 9 closed and 2 public (extended) online meetings of this group were held. However, the Parliament does not have the political will to carry out a comprehensive reform to improve the mechanisms of state power.

5. To complete the decentralization reform by enshrining in the Constitution of Ukraine a new administrative and territorial system and strengthening local self-government, in particular by establishing financial guarantees for its implementation.

Not done

After the bill (№ 2598) on amendments to the Constitution of Ukraine (on decentralization of power) was withdrawn by the subject of initiation on January 17, 2020, no new bills on such constitutional reform were submitted to the Parliament.

0 comments

Only authenticated can comment

Section 2. The current major challenges in implementation of the reform (at the tine of monitoring)

Since February 4, 2020 and until today, the Parliament has not considered any bills amending the Constitution of Ukraine.

On February 22, 2021, 237 MPs registered a bill (№ 5133) on amendments to Articles 85 and 106 of the Constitution of Ukraine (on the procedure for appointment and dismissal of the Director of the National Anti-Corruption Bureau of Ukraine and the Director of the National Bureau of Investigation) in the Parliament, which is currently awaiting the opinion of the Constitutional Court of Ukraine.

Following the escalation of the political conflict between the President of Ukraine and the Constitutional Court of Ukraine in October 2020, the Parliament initiated a number of bills to improve constitutional proceedings and implement the constitutional requirement to appoint judges to the Constitutional Court of Ukraine, but none of them amended the Constitution. In particular, on December 21, 2020, the bill (№ 4533) “On the Constitutional Procedure” (adopted in the first reading on April 15, 2021) was registered in the Parliament. This bill was recommended by the Committee on Legal Policy for adoption in the second reading and as a whole (and the title of the bill was recommended to be changed to "On the procedure for consideration of cases and execution of decisions of the Constitutional Court of Ukraine").

In addition, the Parliament adopted the Law "On All-Ukrainian Referendum", which removes procedural obstacles to amendments in sections I, III, XIII of the Constitution of Ukraine.

There are no bills on the comprehensive constitutional reform of the public authority system or on the completion of the decentralization reform in the Parliament yet.

0 comments

Only authenticated can comment

Section 3. Recommendations on reform priorities for 2021-2022

The monitoring revealed that there has been no significant progress in the area of constitutional reform during 2020-2021. The recommendations provided for priority actions for 2020-2021 remain relevant in the future.

The priority steps for the constitutional reform for the next year:

decentralization reform, strengthening local self-government;
comprehensive constitutional reform of the power "triangle" (Parliament - President - Government).

0 comments

Only authenticated can comment

Constitutional reform

Sectoral brief “Constitutional reform”