02.06.2016. Analytical Brief: Implementation of Constitutional Reform (May 2016), CPLR and RPR

The constitutional reform is underway in Ukraine, involving constitutional amendments in 3 areas: human rights, decentralization and reform of the judiciary.

Furthermore, a Draft Law No. 4357 “On amendments to Article 78 of the Constitution of Ukraine on creating preconditions for stable and effective work of the Cabinet of Ministers of Ukraine” was registered in the Parliament. The Draft has been submitted by 169 MPs. It is not the result of the Constitutional Commission’s work, which is a consultative body of the President for conducting the constitutional reform. The Draft provides for a change in one aspect, allowing MPs to combine the representative mandate with performing the functions of a Prime Minister of Ukraine or members of the Cabinet of Ministers of Ukraine. Amendments to the Article 78 of the Constitution have been presented due to a temporary political interest, and are not based on an integrated approach to draft constitutional amendments concerning strengthening of parliamentarianism in the context of improvement of the form of governance. The CPLR and the RPR’s Constitutional Reform Group believe that the strengthening of parliamentary system is to be based on comprehensive amendments to the sections “Verkhovna Rada of Ukraine”, “President of Ukraine”, “Cabinet of Ministers of Ukraine”, and “Constitutional Court of Ukraine” of the Constitution. The reform should concern the balance of powers within a mixed form of government, abolition of imperative mandate, improvement of legislative procedures, inter alia.

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