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UKRAINE
Verkhovna Rada (Parliament) PARLIAMENTARY OVERSIGHT

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Parliament name (generic / translated) Verkhovna Rada / Parliament
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime semi-presidential
Notes The President is the Head of State and acts in its name (Article 102 of the Constitution). He or she is the guarantor of state sovereignty and territorial indivisibility, the observance of the Constitution and human and citizens' rights and freedoms.
Head of the executive President of the Republic
Notes The Cabinet of Ministers is the highest body in the system of bodies of executive power (Article 113 of the Constitution). The Prime Minister manages the work of the cabinet and directs it for the implementation of the programme of activity of the cabinet adopted by the parliament.
Method for appointing the executive The President is directly elected by the citizens on the basis of universal, equal and direct suffrage by secret ballot (Article 103 of the Constitution). The President appoints the Prime Minister with the consent of more than one-half of all members of the parliament, terminates the authority of the Prime Minister and adopts a decision on his or her resignation (Article 106.9 of the Constitution). The President also appoints, on the submission of the Prime Minister, the other members of the cabinet, chief officers of other central bodies of executive power, and also the heads of local state administrations, and terminates their authority in these positions.
Term of office of the executive and coincidence with the term of the legislature The President is directly elected by the citizens for a five-year term (Article 103 of the Constitution). One person may not be President for more than two consecutive terms. The parliament consists of 450 deputies who are elected for a four-year term on the basis of universal, equal and direct suffrage by secret ballot (Article 76 of the Constitution).
Incompatibility of the functions of member of the executive and member of Parliament Yes Ministers and chief officers of central and local bodies of executive power do not have the right to combine their official activity with other work outside of working hours, except teaching, scholarly or creative activity not may they be members of administrative bodies or boards of supervisors of proft-making enterprises (Article 120 of the Constitution).
Dissolution of Parliament Yes
  • Circumstances
 The President may terminate the authority of the parliament prior to the expiration of its term if within 30 days of a single regular session the plenary meetings fail to commence (Article 90 of the Constitution).
  • Modalities
 The authority of the parliament, which is chosen at special elections conducted after the pre-term termination by the President, may not be terminated within one year from the day of its election. The authority of the parliament may not be terminated prior to the expiration of its term within the last six months of its term. No dissolutions have occurred over eleven years between 1990 and 2000.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The cabinet is responsible to the President and is under the control of and collectively accountable to the parliament within the constitutional limits (Article 113 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
 At a parliamentary session every deputy has the right to present an inquiry to the parliamentary bodies, the cabinet, chief officers of other bodies of state power and bodies of local self-Government, and also to the chief executives of enterprises, institutions and organizations located on the territory, irrespective of their subordination and forms of ownership. Chief officers of bodies of state power and bodies of local self-Government, chief executives of enterprises, institutions and organizations are obliged to notify a deputy of the results of the consideration of his or her inquiry (Article 86 of the Constitution).
  • Government reports to Parliament
 The parliament hears annual and special messages of the President on the domestic and foreign situation (Article 85.8 of the Constitution).
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 The parliament considers and adopts a decision on the approval of the cabinet's programme of activity (Article 85.11 of the Constitution).
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 The parliament may consider the issue of responsibility of the cabinet and adopt a resolution of no confidence (Article 87 of the Constitution).
  • Modalites
 The parliament may consider the issue of responsibility of the cabinet on the proposal of not less than one-third of all deputies and adopt a resolution of no confidence by the majority of all its members. The issue of responsibility of the cabinet may neither be considered more than once during one regular session, nor within one year of the approval of the programme of activity of the cabinet.
  • Consequences
 The resignation and adoption of a resolution of no confidence in the Prime Minister results in the resignation of the entire cabinet (Article 115 of the Constitution). The cabinet, whose resignation is accepted by the President, continues to exercise its powers by commission of the President until a new cabinet commences its operation but for no longer than 60 days. Between 1996 and 2001, two motions of censure were tabled in the parliament: in 1998 (within the opposition) and in 2001 (partly within the opposition and partly within the majority) but only the latter was accepted.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The inability of the President to exercise his or her powers for reasons of health are determined at a meeting of the parliament and confirmed by a decision adopted by the majority of all its members on the basis of a petition of the Supreme Court - on the appeal of the parliament and a medical opinion (Article 110 of the Constitution). The President may be removed from office by the parliament by the procedure of impeachment in the event that he or she commits state treason or any other crime (Article 111 of the Constitution).
  • Modalites and procedure
 The impeachment of the President is initiated by a majority of all deputies. To conduct the investigation, the parliament establishes a special Temporary Investigation Commission whose composition includes a Special Procurator and special investigators. The conclusions and proposals of this Commission are considered at a parliamentary meeting. The parliament may adopt a decision on the accusation by no less than two-thirds of its members.
  • Consequences
 The decision on the removal of the President is adopted by no less than three-quarters of all deputies after the review of the case by the Constitutional Court and the receipt of its opinion on the observance of the constitutional procedure of investigation and the consideration of the case of impeachment, and the receipt of the opinion of the Supreme Court as to whether the effect that the acts, of which the President is accused, contain elements of state treason or any other crime.
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The cabinet is responsible to the President and is under the control of, and collectively accountable to, the parliament within the constitutional limits (Article 113 of the Constitution).
Means and modalities of oversight
  • Hearings in Committees
 Not applicable
  • Committees of inquiry and missions to Government departments
 To investigate issues of public interest, the parliament establishes temporary investigation commissions if no less than one-third of all deputies have voted in favour thereof. The conclusions and proposals of such commissions are not decisive for investigations and courts (Article 89 of the Constitution).
  • Oral and written questions of parliamentarians
 Parliament exercises oversight over the actions of the administration by putting oral and written questions to the Government. The deadline for replies is one month, and one day in a plenary, a month is set aside for questions. Questions can give rise to a debate if more than one-fifth of all deputies insist on it.
  • Role of Parliament in the appointment of senior Government officials
 The parliament appoints and dismisses from office the chairman and other members of the chamber of accounting, the authorized Human Rights Representative of the parliament, the chairman of the national bank on the submission of the President, one-half of the composition of the Council of the National Bank, one-half of the composition of the National Council on Television and Radio Broadcasting, and the members of the Central Electoral Commission on the submission of the President (Article 85.16-21 of the Constitution). Parliament also appoints judges and approves other senior government officials, but does not play any role in the appointment of ambassadors.
  • Activity reports of the Government administration and of public services or establishments
 Not applicable
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman Yes
  • Method for appointing the executive
 The authorized Human Rights Representative of the parliament is appointed and dismissed by the parliament for a five-year term, and exercises parliamentary control over the observance of constitutional human and citizens' rights and freedoms (Article 101 of the Constitution).
  • Relationship to Parliament
The parliament hears his or her annual reports on the situation of the observance and protection of human rights and freedoms.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No The cabinet submits the draft law on the State budget for the following year to the parliament (Article 96 of the Constitution). The report on the course of the implementation of the state budget in the current year is submitted together with the draft law.
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 Any expenditure for the needs of the entire country and the extent and purpose of that expenditure is determined exclusively by the law on the state budget. The parliament approves the state budget and introduces amendments to it, controls its implementation and adopts decisions in regard to the report on its implementation (Article 85.4 of the Constitution).
  • Reports on the budget / finance act by Committees
 Not applicable
Fields overseen
  • Defence budget
 Not applicable
  • Budget of special departments
 Not applicable
  • Role of Parliament in national development plans
 The parliament may approve some national development plans.
Parliament's deadline for the examination and adoption of the budget / finance act The cabinet submits the draft law on the state budget to the parliament no later than on 15 September of each year. It is approved by the parliament before the first day of December for the period from 1 January to 31 December, and under special circumstances for a different period.
Consequences of failure by Parliament to adopt the budget / finance act Disbursements are executed according to a special procedure, envisaged by the budgetary code.
Budgetary autonomy of Parliament Yes The parliament appoints and dismisses from office the Head of Staff of the parliament, approves the parliamentary budget and its staff structure (Article 85.35 of the Constitution).
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes The cabinet ensures the implementation of the state budget and submits the report on its implementation to the parliament together with the draft budget (Article 97 of the Constitution). The submitted report is made public. The cabinet also submits an annual report on the implementation of the Finance Act.
Parliamentary oversight of public companies No Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 The Chamber of Accounting exercises control over the use of finances of the state budget on behalf of the parliament (Article 98 of the Constitution).
  • Reports of the public auditor's office
 The parliament exercises oversight over the execution of the budget through reports by the accounting office or any other body for the auditing of the government books.
  • Specialised committee
 Not applicable
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over foreign policy through the Foreign Relations Committee.
  • Powers of the Committee
 The Committee performs the work of legislative drafting, and prepares and conducts the preliminary consideration of issues ascribed to the authority of the parliament.
  • Composition of the Committee
 The composition of the Committee reflects the numerical strength of each party in the parliament.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.
  • Plenary debates on foreign policy issues
 Not applicable
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 Not applicable
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 The President represents the State in international relations, administers its foreign political activity, conducts negotiations and concludes international treaties (Article 106.3 of the Constitution). A treaty or international instrument is submitted for ratification to the parliament only on the will of the President or the Government. The parliament grants consent to the binding character of international treaties, within the term established by law, and denounces international treaties (Article 85.32 of the Constitution).
  • Other mechanisms for participation in foreign policy by Parliament
There are no other parliamentary oversight mechanisms in addition to the above.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The parliament exercises oversight over defence policy through the National Defence Committee.
  • Powers of the Committee
 The Committee performs the work of legislative drafting and prepares and conducts the preliminary consideration of issues ascribed to the authority of the parliament.
  • Composition of the Committee
 Not available
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 The parliament declares war upon the submission of the President, and concludes peace; it approves the decision of the President on the use of armed forces and other military formations in the event of armed aggression (Article 85.9 of the Constitution). The parliament also confirms decrees, within two days of the address by the President, on the introduction of martial law, on a state of emergency in the country or in particular areas, on total or partial mobilization, and on the announcement of particular areas as zones of ecological emergency situations (Article 85.31 of the Constitution).
  • Role of Parliament in sending troops abroad
 The parliament exercises oversight over defence policy when troops are sent abroad.
  • Other mechanisms for participation in national defence policy by Parliament
 There are no other parliamentary oversight mechanisms in addition to the above.
STATE OF EMERGENCY
Circumstances The President forwards the submission on the declaration of a state of war to the parliament, which also adopts the decision on the use of armed forces in the event of armed aggression (Article 106.19 of the Constitution). The President adopts a decision in accordance with the law on the general or partial mobilization and the introduction of martial law in the country or in particular areas in the event of a threat of aggression or danger to state independence. The President also adopts a decision, should the necessity arise, on the introduction of a state of emergency in the country or in particular areas, and should the necessity arise, declares certain areas of the country as zones of ecological emergency situations with subsequent confirmation of these decisions by the parliament.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament In the event of the introduction of martial law or a state of emergency, the parliament assembles within a period of two days without convocation (Article 83 of the Constitution). In the event that the term of authority of the parliament expires while martial law or a state of emergency are in effect, its authority is extended until the day of the first meeting of the first session of the parliament, elected after the cancellation of martial law or of the state of emergency.
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
A specialised body / constitutional Court The Constitutional Court is the sole body of constitutional jurisdiction (Article 147 of the Constitution). It decides on issues of conformity of laws and other legal acts with the Constitution and provides the official interpretation of the Constitution and the laws. The Court is composed of 18 judges with the President, the parliament and the Congress of Judges each appointing six judges. The judges are appointed for nine years without the right of appointment for a repeat term. The Chairman of the Constitutional Court is elected by secret ballot for one three-year term only at a special plenary meeting of the Court from among its judges.
  • Means and procedures
Evaluation of laws No Not applicable
Measures The authority of the Constitutional Court comprises deciding on issues of conformity with the Constitution (the constitutionality) of the (i) laws and other legal acts of the parliament, (ii) acts of the President, (iii) acts of the cabinet, and (iv) legal acts of the parliament of the Autonomous Republic of Crimea (Article 150 of the Constitution). These issues are considered on the appeals of the President, no less than forty-five deputies, the Supreme Court, the authorized Human Rights Representative of the parliament, and the parliament of the Autonomous Republic of Crimea. The authority of the Court also extends to the official interpretation of the Constitution and the laws. The Court adopts decisions on the issues envisaged that are mandatory for execution throughout the territory, which are final and may not be appealed.

The Constitutional Court, on the appeal of the President or the cabinet, provides opinions on the conformity with the Constitution of international treaties that are in force, or international treaties submitted to the parliament for the granting of agreement on their binding nature. On the appeal of the parliament, the Constitutional Court provides an opinion on the observance of the constitutional procedure of investigation and consideration of the case of removing the President from office by the procedure of impeachment. Laws and other legal acts, by the decision of the Constitutional Court, are deemed to be unconstitutional, in whole or in part, in the event that they do not conform to the Constitution, or if there was a violation of the procedure for their review, adoption or entry into force. Laws and other legal acts, or their separate provisions, which are deemed to be unconstitutional, lose legal force from the day the Court adopts the decision on their unconstitutionality. Material or moral damages inflicted on physical and legal persons by acts or actions deemed to be unconstitutional, are compensated for by the State by the procedure established by law.

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