RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 26, 2020 No. 168

About modification of Regulations of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Make changes to the Regulations of the Cabinet of Ministers of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 18, 2007 No. 950 (The Official Bulletin of Ukraine, 2007, No. 54, Art. 2180; 2011, No. 88, Art. 3199; 2012, No. 56, Art. 2238, No. 59, Art. 2370, No. 71, Art. 2863, No. 89, Art. 3606; 2013, No. 20, Art. 680, No. 35, Art. 1238; 2014, No. 24, Art. 735, No. 34, Art. 913, No. 74, Art. 2094, No. 77, Art. 2196, No. 82, Art. 2323, No. 103, Art. 3035; 2015, No. 21, Art. 580, No. 44, Art. 1391, Art. 1396, No. 68, Art. 2231, No. 89, Art. 2967, No. 96, Art. 3287; 2016, No. 4, Art. 237, No. 9, Art. 415, No. 12, Art. 509, No. 18, Art. 721, No. 21, Art. 829, No. 38, Art. 1459, No. 52, Art. 1823, No. 65, Art. 2192, No. 98, Art. 3187; 2017, No. 12, Art. 340, No. 34, Art. 1094, No. 53, No. 1605, No. 59, Art. 1775, No. 69, Art. 2073, No. 73, Art. 2248, No. 88, Art. 2692, No. 94, Art. 2854; 2018, No. 37, Art. 1290, No. 42, Art. 1489, No. 52, Art. 1828, No. 96, Art. 3173; 2019, No. 1, Art. 3, No. 11, Art. 375, No. 12, Art. 415, No. 13, Art. 473, No. 27, Art. 951, No. 38, Art. 1336, No. 43, Art. 1503, No. 60, Art. 2071, No. 84, Art. 2856, No. 94, Art. 3114, No. 97, Art. 3202; 2020, to No. 2, the Art. 63, No. 6, the Art. 273), having stated it in the enclosed edition.

2. This resolution becomes effective since January 1, 2021.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 18, 2007 , No. 950

(in edition of the Resolution of the Cabinet of Ministers of Ukraine of February 26, 2020 No. 168)

Regulations of the Cabinet of Ministers of Ukraine

These Regulations establish procedure for holding cabinet meetings of Ukraine (further - the Cabinet of Ministers), preparation and decision making, determines other points of order of its activities.

Section 1. General provisions

§1. Bases of activities of the Cabinet of Ministers

1. The Cabinet of Ministers is the supreme body in system of executive bodies which performs the executive authority directly and through the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea and the local state administrations, directs, coordinates and controls activities of the specified bodies.

2. The Cabinet of Ministers is collegiate organ which performs the powers decision path at meetings.

3. Activities of the Cabinet of Ministers are aimed at providing interests of the Ukrainian people by accomplishment of the Constitution and the laws of Ukraine, acts of the President of Ukraine, the Program of the activities of the Cabinet of Ministers approved by the Verkhovna Rada of Ukraine (further - the Verkhovna Rada), solutions of questions of public administration in the spheres carried to its competence.

4. The Cabinet of Ministers publishes on basis and in pursuance of the Constitution and the laws of Ukraine, acts of the President of Ukraine and resolutions of the Verkhovna Rada accepted according to the Constitution and the laws of Ukraine within the competence of the resolution and the order obligatory for accomplishment.

5. The Cabinet of Ministers has power to initiate legislation in the Verkhovna Rada.

6. The Cabinet of Ministers provides continuity of the activities.

§2. Responsibility, submission to control and accountability

1. The Cabinet of Ministers is responsible before the President of Ukraine and the Verkhovna Rada, is under control and accountable to the Verkhovna Rada in the limits provided by the Constitution of Ukraine.

§3. Openness and transparency

1. The Cabinet of Ministers regularly informs the public on the activities and the decisions made at cabinet meeting, according to the Law of Ukraine "About access to public information" will promulgate acts of the Cabinet of Ministers, the other information connected with implementation of the powers by it provides the consideration and provision of replies to the requests on information arriving in the Cabinet of Ministers.

2. The Cabinet of Ministers according to the procedure, determined by the legislation, provides carrying out public consultations by preparation of draft documents of state policy and drafts of regulatory legal acts for the purpose of approval of public, public and private concerns.

3. For the purpose of informing the public press releases are provided, press conferences, briefings of cabinet ministers will be organized, the corresponding materials are published in mass media.

Section 2. Organizational bases of activities of the Cabinet of Ministers

Chapter 1. Organization of work of cabinet ministers

§4. Procedures of implementation of powers

1. Cabinet ministers perform the powers according to Articles 42 - 44 Laws of Ukraine "About the Cabinet of Ministers of Ukraine" according to the procedures determined by these Regulations.

2. The Prime Minister of Ukraine (further - the Prime Minister):

1) holds meetings, working meetings and consultations with cabinet ministers, heads of the central executive bodies, the Chairman of the board of ministers of the Autonomous Republic of Crimea and chairmen of the local state administrations, hears information and sends them official letters concerning their activities;

Gives 2) obligatory for execution of the order to cabinet ministers, heads of the central executive bodies, the Chairman of the board of ministers of the Autonomous Republic of Crimea and chairmen of the local state administrations. If the question requiring the solution is within the competence of the central executive body which activities go and coordinated by the Cabinet of Ministers of Ukraine through the corresponding minister, the order of the Prime Minister is provided to such minister;

3) is submitted for consideration of the Verkhovna Rada by the direction of the letter behind the signature by idea of appointment of cabinet ministers (except the Minister of Foreign Affairs and the Minister of Defence), and also the Chairman of the Antimonopoly Committee, the Chairman Goskomteleradio and the Chairman of Fund of state-owned property;

4) is submitted for consideration of the President of Ukraine by sending the letter behind the signature of representation and by the vised draft of the Presidential decree of Ukraine about position assignment of the Chairman of State frontier service;

5) is submitted for consideration of the President of Ukraine by sending the letter behind the signature by the idea supported by the Cabinet of Ministers and the vised draft of the decree or the order of the President of Ukraine of position assignment and dismissal of heads of the local state administrations;

Submits 6) for consideration of the Cabinet of Ministers in the form of the letter signed by representation relatively:

position assignment and dismissal of first deputies and deputy ministers according to proposals of ministers;

position assignment and dismissal of vice-chairmen of the Antimonopoly Committee, Chairman Goskomteleradio and Chairman of Fund of state-owned property;

position assignments of the Chairman of ARMAGH which candidacy is selected by results of competitive selection according to the law;

position assignment and dismissal of the head of National police according to proposals of the Minister of Internal Affairs;

position assignment and dismissal of the Chairman of Gosspetssvyaz;

dismissal of heads of the central executive bodies and their deputies, state secretaries of the ministries of the initiative;

dismissal of the State secretary of the Cabinet of Ministers of Ukraine (further - the State secretary of the Cabinet of Ministers), and also according to the proposal of the State secretary of the Cabinet of Ministers - his deputies;

candidates for position assignment and dismissal of heads of the local state administrations;

position assignment and dismissal of heads of the national economic associations, the companies, organizations and the organizations, functions on management of which are performed by the Cabinet of Ministers, and their deputies;

educations, reorganization and liquidations of the ministries, other central executive bodies;

Signs 7) after acceptance by the Cabinet of Ministers of the solution of the letter approval of position assignment of first deputies and deputy chairmen regional, Sevastopol city the state administrations, and also position assignment and dismissal of vice-chairmen of the Kiev city state administration whose powers concern the sphere of the executive authority;

8) submits for consideration of the President of Ukraine by sending the letter behind the signature the idea of rewarding with the state awards of ministers, heads of other central executive bodies supported by the Cabinet of Ministers, the Chairman of the board of ministers of the Autonomous Republic of Crimea, chairmen of the regional, Kiev and Sevastopol city state administrations, heads of the national economic associations, the companies, organizations and the organizations, functions on management of which are performed by the Cabinet of Ministers, and their deputies together with prize leaf.

3. The first vice-Prime Minister of Ukraine and vice-Prime Ministers of Ukraine (further - vice-Prime Ministers) according to the competence provide accomplishment of the Program of activities of the Cabinet of Ministers, accomplishment of other tasks and powers assigned to the Cabinet of Ministers in the corresponding activities, preparation of questions for consideration at cabinet meetings, promote approval of line items of cabinet ministers, hold for this purpose meetings, working meetings and consultations with heads central and local executive bodies, send them official letters concerning their activities.

§5. Implementation of powers of the Prime Minister in case of its absence

1. In case of absence of the Prime Minister in connection with leave, business trip or disease of power of the Prime Minister according to its order the First vice-Prime Minister of Ukraine performs (further - the First vice-Prime Minister) or the vice-Prime Minister of Ukraine (further - the vice-Prime Minister) it agrees to the distribution of powers determined by the Cabinet of Ministers.

2. The first vice-Prime Minister or the vice-Prime Minister in case of absence of the Prime Minister performs its powers provided by part one of article 42 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine" except the powers of the Prime Minister provided by the Constitution of Ukraine.

3. In case of absence of the Prime Minister for the reasons specified in Item 1 of this paragraph, the State secretary of the Cabinet of Ministers informs cabinet ministers on the official who performs powers of the Prime Minister, and date with which it began their implementation.

§6. Interaction of cabinet ministers

1. Cabinet ministers provide integrity and organic unity of actions of the Cabinet of Ministers, approval and coordination of the actions during forming and realization of state policy and cannot act contrary to line item of the Cabinet of Ministers, promulgate without the consent of the Prime Minister any information on the course of cabinet meeting and assessment of line items which express cabinet ministers at meetings.

2. Cabinet ministers according to the law bear joint liability for results of activities of the Cabinet of Ministers as collegiate organ of the executive authority and personally bear responsibility for the state of affairs in the charged spheres of public administration.

3. Cabinet ministers initiate legislative settlement, belonging to the sphere of their competence, is exclusive through the Cabinet of Ministers.

4. Ministers timely inform the Prime Minister and vice-Prime Ministers on questions which arise in the relations with the President of Ukraine, the Verkhovna Rada, other state bodies and concern competence of the Cabinet of Ministers, and also, making within the conferred powers decisions on questions which have important social significance and concern vital interests of citizens, hold consultations with the Prime Minister and vice-Prime Ministers.

5. Ministers provide approval of the actions during forming and realization of state policy, including this area of work with subject of their common interests, debt and responsibility, set up constructive cooperation (hold meetings, working meetings, consultations, etc.).

6. In case accomplishment of task is assigned to several ministers, the organization and coordination of work on its accomplishment, generalization of materials and introduction them in the Cabinet of Ministers are provided by the minister determined in the list of contractors by the first.

§7. Addresses of heads central and local executive bodies

1. Central and local executive bodies independently within the powers conferred to them carry out the tasks assigned to them. Offers on the questions requiring decision making by the Cabinet of Ministers are introduced in the Cabinet of Ministers with observance of requirements of these Regulations regarding the procedure of their preparation, registration and subjects of introduction.

2. The head central and local executive body addresses the Prime Minister, vice-Prime Ministers for assistance in the solution of the important issues which are within the competence of relevant organ, only in case for this purpose within the conferred powers all other opportunities were exhausted.

In the address are stated by amount to two pages essence of problem which solution requires participation of the Prime Minister, vice-Prime Ministers, with the corresponding reasons, line item of other bodies for the specified question, information on the actions accepted for the problem resolution, offers on determination of form of participation (holding meeting, consultation, etc.), and also, in case of need, bodies (organizations) which shall take part in discussion of question are specified. At the same time the address cannot contain offers concerning provision of orders to heads of other bodies for the solution of the questions relating to the sphere of their competence if sufficient measures for joint development of agreed decision were not taken previously.

3. The head of the central executive body which activities go and coordinated by the Cabinet of Ministers of Ukraine through the corresponding minister on questions which solution requires intervention of the Prime Minister, the vice-Prime Minister, addresses the corresponding minister for adoption of the solution of rather further actions by it.

4. Addresses central and local executive bodies are studied by the Secretariat of the Cabinet of Ministers and prepare for consideration by the Prime Minister, vice-Prime Ministers in week time from the moment of their receipt if in character addresses be considered in more short time.

5. District, district in Kiev and Sevastopol the state administrations initiate consideration of the questions requiring the solution the Cabinet of Ministers, the Prime Minister, vice-Prime Ministers, respectively through Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations.

6. Returns the addresses submitted to the Cabinet of Ministers with violation of requirements of Items 2, 3 and 5 these paragraphs, the Secretariat of the Cabinet of Ministers within two working days to heads corresponding central and local executive bodies without consideration.

§8. Facilitative branches

1. The Cabinet of Ministers for ensuring implementation of the powers can form the temporary consultative, advisory and other facilitative branches operating according to provisions which are developed based on Standard regulations on the consultative, advisory and other facilitative branches formed by the Cabinet of Ministers of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of June 17, 2009 No. 599 "Questions of the consultative, advisory and other facilitative branches formed by the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2009, No. 45, by the Art. 1511) and affirm the Cabinet of Ministers.

2. The Cabinet of Ministers for ensuring proper preparation of the drafts of decisions introduced for consideration at cabinet meeting can form government committees.

§9. Actions, business trips

1. Cabinet ministers will organize the work taking into account the need for personal participation in cabinet meetings, government committees formed by the Cabinet of Ministers of other bodies in work of the Verkhovna Rada, the international actions, meetings under the chairmanship of the Prime Minister, vice-Prime Ministers and other actions performed by the Cabinet of Ministers.

2. The decision on official journeys of cabinet ministers are accepted according to the resolution of the Cabinet of Ministers of Ukraine of December 11, 1992 No. 698 "About enhancement of procedure of official journeys abroad" and of March 15, 2002 No. 337 "About official journeys within Ukraine of heads of executive bodies and the Secretariat of the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2002, No. 12, the Art. 599).

Chapter 2. Ensuring activities of the Cabinet of Ministers

§10. Secretariat of the Cabinet of Ministers

1. The secretariat of the Cabinet of Ministers which acts on the basis of the Provision approved by the Cabinet of Ministers performs organizational, expert and analytical, legal, information and material logistics of activities of the Cabinet of Ministers.

2. Secretariat of the Cabinet of Ministers, in particular:

1) provides preparation of holding cabinet meetings, government committees and meetings of state secretaries;

2) activities of the Prime Minister provide, vice-Prime Ministers, the minister who does not head the ministry;

3) performs drafts of the acts of the legislation introduced in the Cabinet of Ministers of other documents concerning observance of requirements of these Regulations regarding their preparation and registration. The documents filed with violation of requirements of these Regulations, the Secretariat of the Cabinet of Ministers returns within two working days for reduction them in compliance with the specified requirements. Such documents return with use of system of electronic interaction of executive bodies, except the documents containing information with limited access;

4) performs preparation for consideration and decision making by the Cabinet of Ministers, the Prime Minister, vice-Prime Ministers, the minister who does not head the ministry, the documents addressed to them;

5) carries out in accordance with the established procedure expertize of the draft documents of state policy, drafts of the laws, acts of the President of Ukraine and the Cabinet of Ministers introduced to the Cabinet of Ministers;

6) exercises monitoring and control over the implementation of acts of the Cabinet of Ministers and orders of the Prime Minister, timely representation by executive bodies of the Cabinet of Ministers of drafts of acts of the legislation, other documents and on results systematically informs the Prime Minister;

7) is carried out by information analysis and the reports submitted according to requirements of these Regulations central and local executive bodies, Council of Ministers of the Autonomous Republic of Crimea and prepares the corresponding materials and conclusions for consideration by the Prime Minister and vice-Prime Ministers;

8) brings to the central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the local state administrations, other state bodies, the national economic associations, the companies, organizations and the organizations acts of the Cabinet of Ministers no later than within two working days from the moment of their signing, and also brings to contractors within one working day from the moment of signing legal decisions of the Cabinet of Ministers in the form of meeting minutes abstracts.

3. Documents which decision making by results of consideration requires preliminary studying corresponding central and local executive bodies, the Secretariat of the Cabinet of Ministers sends to such bodies for preparation of the conclusions and offers with indication of terms of their entering into the Cabinet of Ministers.

4. The minister who does not head the ministry, the Secretariat of the Cabinet of Ministers sends documents on questions which solution is within the competence of the Cabinet of Ministers, the Prime Minister, vice-Prime Ministers within five days to the relevant state bodies on accessory.

5. The drafts of acts introduced to the Cabinet of Ministers are registered and processed in electronic document management system of the Secretariat of the Cabinet of Ministers.

6. For the analysis and preparation of materials on the questions considered by the Cabinet of Ministers, the Secretariat of the Cabinet of Ministers can request at central and local executive bodies, the companies, organizations and the organizations required materials.

7. Work with documents which arrive in the Cabinet of Ministers is carried out in the Secretariat of the Cabinet of Ministers according to this Regulations, and also operating procedure with documents in the Secretariat of the Cabinet of Ministers which affirms the State secretary of the Cabinet of Ministers.

§11. Work with documents which contain information with limited access

1. Work with documents which arrive in the Cabinet of Ministers and contain information with limited access, and with information with limited access which is created in the Secretariat of the Cabinet of Ministers, is carried out according to the Law of Ukraine "About access to public information", this Regulations and operating procedure with the documents containing office information which affirms the State secretary of the Cabinet of Ministers.

§12. Activities documentation

1. For ensuring documentation of activities of the Cabinet of Ministers seal with its name and the image of the State Emblem, other seals and stamps, and also forms of documents in paper or electronic form are used (further - forms).

2. In case of signing (vising) of the draft document in paper form the sign manual, and in case of signing (vising) of the draft of the electronic document - the qualified digital signature is applied. Assurance of copies of documents is performed according to the procedure, determined by the legislation concerning documentation of management activity.

3. For ensuring correspondence of the Prime Minister, vice-Prime Ministers, the minister who does not head the ministry when implementing of the powers by them use forms of letters of the Cabinet of Ministers.

4. For execution of the order of the Prime Minister as official document of organizational and administrative nature the special form is used.

5. Samples of the seals, stamps and forms specified in Items 1, 3 both 4 presents of the paragraph and procedure for their use affirm the State secretary of the Cabinet of Ministers.

6. Documentation of activities of the Cabinet of Ministers, the Prime Minister, vice-Prime Ministers, the minister who does not head the ministry is performed on the principles determined by the Standard instruction for documentation of management information electronically and the organizations of the work with electronic documents in clerical work, electronic interdepartmental exchange approved by the resolution of the Cabinet of Ministers of Ukraine of January 17, 2018 No. 55 "Some questions of documentation of management activity" (The Official Bulletin of Ukraine, 2018, No. 23, the Art. 770).

§13. Meeting of state secretaries

1. For coordination of work on preparation of draft documents of state policy, drafts of the laws, acts of the President of Ukraine and the Cabinet of Ministers, preliminary discussion of disputable line items concerning such projects and increase in their quality the State secretary of the Cabinet of Ministers holds meetings with participation of state secretaries of the ministries.

2. At meeting of state secretaries, in particular:

1) information of state secretaries of the ministries is heard:

about the beginning of work on draft documents of state policy, drafts of the laws and other regulatory legal acts and their inclusion in the schedule;

about drafts of acts which are prepared for processing during interdepartmental consultations, and terms of carrying out such consultations;

about condition of accomplishment of the scheduled plan;

2) preliminary consideration of not settled issues between developer of the draft of the act and bodies which took part in its development is performed, and also notes of Ministry of Justice and the Secretariat of the Cabinet of Ministers by results of the project appraisal of the act and materials which is carried out by them to it are considered;

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