RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 9, 2011 No. 1156

About modification of Regulations of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine decides:

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; 2009, No. 52, Art. 1789, No. 78, Art. 2640; 2010, to No. 19, the Art. 829, No. 32, the Art. 1177, No. 50, the Art. 1625), having stated it in edition which is applied.

 

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

Regulations of the Cabinet of Ministers of Ukraine

The regulations of the Cabinet of Ministers of Ukraine (further - 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

Paragraph 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 and coordinates 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), the solution of questions of public administration in the spheres carried to its competence.

4. The Cabinet of Ministers issues on basis and in pursuance of the Constitution and the laws of Ukraine, acts of the President of Ukraine within the competence resolutions and the orders obligatory for accomplishment.

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

Paragraph 2. Responsibility, submission to control and accountability

The Cabinet of Ministers is responsible before the President of Ukraine, is under control and accountable to the Verkhovna Rada in the limits provided in articles 85 and 87 of the Constitution of Ukraine.

Paragraph 3. Interaction with the public

The Cabinet of Ministers informs the public on the activities, involves citizens in decision making process on the questions having important social significance.

The Cabinet of Ministers involves in decision making on questions which concern forming and realization of the state social and economic policy, regulation of the employment, social, economic relationships, All-Ukrainian labor unions, their associations and the All-Ukrainian Unions of the organizations of employers.

Section 2. Organization of work of the Cabinet of Ministers

Paragraph 4. Organizational principles of activities

1. The Cabinet of Ministers plans the work on basis and in pursuance of the Program of activities of the Cabinet of Ministers what develops for and approves the annual action plan concerning accomplishment of the specified Program, the main directions of economic policy of Ukraine, develops and submits for consideration of the Verkhovna Rada the project of the Main directions of budget policy and the bill on the Government budget of Ukraine for the corresponding year, drafts of nation-wide programs, plans the rule-making activities, including for project development of regulatory acts.

2. Cabinet ministers provide its unity and bear according to the law 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 sphere of public administration.

3. Cabinet ministers cannot act contrary to line item of the Cabinet of Ministers, promulgate without the consent of the Prime Minister of Ukraine (further - Premyerministr) any information on the course of cabinet meeting and assessment of line items which express cabinet ministers at meetings.

4. The Cabinet of Ministers for ensuring implementation of the powers forms the temporary consultative, advisory and other facilitative branches operating according to provisions which affirm the Cabinet of Ministers based on the Standard provision approved by the resolution of the Cabinet of Ministers of Ukraine of June 17, 2009 No. 599 "Questions of the consultative, advisory and other facilitative branches formed by the Cabinet of Ministers of Ukraine" (the Of_ts_yny v_snik of Ukra§ni, 2009, No. 45, of the Art. 1511).

Paragraph 5. Program of activities of the Cabinet of Ministers

1. The program of activities of the Cabinet of Ministers in which the strategy of its activities is determined is developed on the basis of the election programme of the President of Ukraine and proposals of cabinet ministers. The program of activities of the Cabinet of Ministers is developed for implementation of its powers.

2. The Cabinet of Ministers forms working group for project development of the Program of activities of the Cabinet of Ministers.

3. Cabinet ministers give to the working group on project development of the Program of activities of the Cabinet of Ministers of the offer in which strategic objectives, priorities and tasks in the respective sphere of public administration are specified, approximate financial and economic calculations of the material and financial expenses necessary for accomplishment of the Program are given the expected results and terms of accomplishment of the corresponding tasks are determined.

4. The draft of the Program of activities of the Cabinet of Ministers after public discussion is considered at its meeting with the assistance of heads central and local executive bodies, People's Deputies of Ukraine and affirms the resolution of the Cabinet of Ministers.

5. The program of activities of the Cabinet of Ministers moves in the Verkhovna Rada together with the cover letter signed by the Prime Minister and the draft of the resolution of the Verkhovna Rada on its approval.

6. The program of activities of the Cabinet of Ministers along with entering into the Verkhovna Rada moves to the President of Ukraine.

Paragraph 6. Going concern

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

2. In case of the termination of powers of the Cabinet of Ministers the deputy the ministrarukovoditel of the office of the ministry provides preparation of informatsionnoanalitichesky materials concerning current situation in the corresponding industry and field of activity with indication of the main indicators of development of industry, the list of problematic issues and offers concerning accomplishment of priorities for short-term outlook for consideration by again appointed minister. The mentioned materials move to the Secretariat of the Cabinet of Ministers.

3. The summarized information prepared on analysis results of the informatsionnoanalitichesky materials specified in Item 2 of this paragraph moves the Secretariat of the Cabinet of Ministers to again appointed Prime Minister.

Paragraph 7. Questions which are considered at meeting

1. At the meetings the Cabinet of Ministers considers:

1) conceptual principles of realization of state policy;

2) questions concerning program implementation of the President of Ukraine;

3) questions which require normative and legal settlement by acts of the Cabinet of Ministers;

4) questions of the organizational ordering nature, including personnel problems, questions of award of awards and purpose of grants of the Cabinet of Ministers;

5) legislative initiatives of the Cabinet of Ministers;

6) questions which need settlement by acts of the President of Ukraine;

7) drafts of government statements, declarations, directives, letters, addresses and memorandums;

8) questions of rewarding with the state awards of ministers, heads of other central executive bodies, Chairman of the board of ministers of the Autonomous Republic of Crimea, chairmen of the regional, Kiev and Sevastopol city state administrations;

9) questions of rewarding with the Certificate of honor of the Cabinet of Ministers;

10) questions of approval of lists of the candidates enlisted in personnel reserve to positions of government employees of the first or third category, appointment to which is performed in accordance with the established procedure by the President of Ukraine on provision of the Cabinet of Ministers and the Cabinet of Ministers;

11) other questions according to these Regulations.

2. The Cabinet of Ministers hears reports (information) of heads of executive bodies on implementation of the powers by them and on single questions of activities of relevant organs.

Paragraph 8. Organization of work of cabinet ministers

1. The organization of work of the cabinet minister is performed according to the week schedule which provides its participation in the cabinet meetings formed by the Cabinet of Ministers of bodies, boards of the central executive bodies in work of the Verkhovna Rada, the international actions, meetings, etc.

2. Cabinet ministers will organize the work taking into account need for personal participation in cabinet meetings and actions which are performed by the Cabinet of Ministers.

3. Leaves are granted to cabinet ministers according to the schedule approved by the Prime Minister. Questions concerning business trip of cabinet ministers agree the Prime Minister.

4. Cabinet ministers provide approval and coordination of the actions in case of realization of state policy. The minister, recognizing the dominating competence of other ministers of the charged sphere of public administration and not allowing intervention in the sphere of their responsibility, cannot initiate before the Cabinet of Ministers establishment of task to other minister if for the solution of question it did not hold general meetings, working meetings, consultations, etc.

5. The offers prepared by cabinet ministers for consideration at its meeting on questions which belong to competence of other cabinet ministers are introduced in the Cabinet of Ministers only after general study and approval of the specified offers.

6. In case when according to the made decision preparation of materials (accomplishment of tasks) is assigned to several ministers, the main thing is the minister determined in the list of contractors by the first.

7. According to the Law of Ukraine "About the Cabinet of Ministers of Ukraine" questions of activities of the ministries in the Cabinet of Ministers are represented by the corresponding ministers. Questions of activities of the central executive bodies which heads are not part of the Cabinet of Ministers - ministers who direct and coordinate activities of such bodies.

Questions of activities of the Antimonopoly Committee, Fund of state-owned property, Goskomteleradio and other bodies with the special status in the Cabinet of Ministers are represented by the Prime Minister.

Paragraph 9. Implementation of powers by cabinet ministers

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, directing work of the Cabinet of Ministers, gives instructions which are obligatory for accomplishment, to cabinet ministers, heads of other central executive bodies, except those which activities go and coordinated by the Cabinet of Ministers through the corresponding ministers, to the Chairman of the board of ministers of the Autonomous Republic of Crimea and chairmen of the local state administrations.

In case when the question which needs the decision belongs to competence of the central executive body which activities go and coordinated by the Cabinet of Ministers through the corresponding minister, the order of the Prime Minister is provided to such minister.

The order of the Prime Minister is drawn up as the official document of the organizational ordering nature on the special form.

The Prime Minister, performing the powers conferred by the law, holds meetings, working meetings and consultations with 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 of heads of the specified bodies for single questions of their activities, sends them official letters.

Prime Minister:

submits for consideration of the President of Ukraine representation by the direction of the letter behind the signature and the vised draft of the Presidential decree of Ukraine about:

- appointment of cabinet ministers together with the data provided by part five of article 9 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine";

- appointment of first deputies and deputy ministers, deputy ministers - chiefs of staff, heads of other central executive bodies and their deputies together with data, stipulated in Item 9 Procedures for consideration of the questions connected with preparation and introduction of representations concerning persons whose position assignment and dismissal is performed by the President of Ukraine or the Cabinet of Ministers of Ukraine or No. 1065 agrees with the Cabinet of Ministers of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of November 22, 2010 (the Of_ts_yny v_snik of Ukra§ni, 2010, No. 90, the Art. 3181);

submits for consideration of the President of Ukraine according to the decision of the Cabinet of Ministers by the direction of the letter behind the signature of idea of rewarding with the state awards of ministers, heads of other central executive bodies, the Chairman of the board of ministers of the Autonomous Republic of Crimea, chairmen of the regional, Kiev and Sevastopol city state administrations together with the prize letter;

submits for consideration of the President of Ukraine representation by the direction of the letter behind the signature and the vised draft of the Decree or the order of the President of Ukraine about position assignment and dismissal of chairmen of the local state administrations;

submits for consideration of the Cabinet of Ministers by the direction of the letter behind the signature of representation relatively:

- position assignment and dismissal of the chief of staff of the Prime Minister;

- position assignment and dismissal of the Head of the Secretariat of the Cabinet of Ministers and its deputies;

- 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;

signs after consideration at pismasoglasovaniye cabinet meeting concerning position assignment and dismissal of first deputies, deputies, deputy chairmen - chiefs of staff regional, Sevastopol city the state administrations, deputies, the vice-chairman - the chief of staff of the Kiev city state administration which powers concern the sphere of the executive authority.

3. The first vice-Prime Minister of Ukraine, vice-Prime Ministers of Ukraine, performing the powers conferred by the law, carry out according to the decision of the Cabinet of Ministers or at the request of the Prime Minister of meeting with the assistance of 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, and also working meetings and consultations with specified persons, send them official letters.

Paragraph 10. Accomplishment of powers of the Prime Minister in case of its absence

1. In case of absence of the Prime Minister in connection with leave, foreign business trip or disease of its power the First vice-Prime Minister of Ukraine (further - the First vice-Prime Minister) or the Vice-Prime Minister of Ukraine (further - the Vice-Prime Minister) according to certain Cabinet of Ministers to distribution of powers carries out.

2. Leave of the Prime Minister is drawn up by the order of the Cabinet of Ministers.

3. The first vice-Prime Minister or the Vice-Prime Minister in case of absence of the Prime Minister carries out its powers provided by Items 1, 8-10 parts one of article 42 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine". The first vice-Prime Minister in case of absence of the Prime Minister carries out also its powers provided by items 4 and 5 parts one of article 42 of the Law of Ukraine "About the Cabinet of Ministers of Ukraine".

4. In case of absence of the Prime Minister for the reasons specified in Item 1 of this paragraph, decision concerning determination of the conceptual principles of realization of state policy and on other questions having important social significance, are not accepted by the Cabinet of Ministers.

Paragraph 11. Activities documentation

1. For ensuring documentation of activities of the Cabinet of Ministers seal with its name and the image of the State Emblem of Ukraine, other seals, stamps and forms made on the samples approved by the Head of the Secretariat of the Cabinet of Ministers are used. Procedure for use of the specified seals, stamps and forms the Head of the Secretariat of the Cabinet of Ministers establishes.

2. For ensuring correspondence of the Prime Minister, the First vice-Prime Minister when implementing of the powers by them use forms of letters of the Cabinet of Ministers.

Paragraph 12. Ensuring activities of the Cabinet of Ministers

1. Organizational, expert and analytical, legal, information and material logistics of activities of the Cabinet of Ministers performs the Secretariat of the Cabinet of Ministers which acts on the basis of the Regulations on the Secretariat of the Cabinet of Ministers which approve the Cabinet of Ministers.

2. For ensuring implementation by the Prime Minister of the powers as a part of the Secretariat of the Cabinet of Ministers the Office of the Prime Minister is formed.

3. The secretariat of the Cabinet of Ministers, in particular, provides:

1) preparation of holding cabinet meetings;

2) activities of the Prime Minister, the First vice-Prime Minister;

3) bringing to the central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, local state administrations of acts of the Cabinet of Ministers, legal decisions of the Cabinet of Ministers and orders of the Prime Minister.

4. The head of the Secretariat of the Cabinet of Ministers submits to the Prime Minister for signing the acts adopted by the Cabinet of Ministers, and for vising - the approved drafts of the laws and acts of the President of Ukraine.

5. The secretariat of the Cabinet of Ministers prepares plans of the organization of preparation of drafts of the acts necessary for ensuring implementation of the laws of Ukraine and the organization of accomplishment of presidential decrees of Ukraine which move the Head of the Secretariat of the Cabinet of Ministers for consideration of the Cabinet of Ministers.

The specified plans are approved at cabinet meeting that is fixed in the minutes.

6. The documents addressed to the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister are registered in the Secretariat of the Cabinet of Ministers which studies them and prepares for consideration and decision making by the Cabinet of Ministers and the specified officials. Drafts of acts of the Cabinet of Ministers after their registration are introduced to the database of electronic computer network.

The Prime Minister, the First vice-Prime Minister, the Secretariat of the Cabinet of Ministers sends documents on questions which solution does not belong to competence of the Cabinet of Ministers within five days in accordance with the established procedure to the relevant state bodies on accessory.

7. Documents on questions, preparation for which consideration by the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister needs preliminary studying corresponding central and local executive bodies, the Secretariat of the Cabinet of Ministers in the cases provided by these Regulations sends to such bodies for preparation of conclusions and introduction of offers.

8. In case when by results of consideration of correspondence which arrives in the Cabinet of Ministers to the Prime Minister, the First vice-Prime Minister, it is necessary to provide the answer signed by the specified officials, its project prepares taking into account that the answer shall be provided in a month if another is not stipulated by the legislation also these Regulations.

9. Returns documents submitted by executive bodies for consideration of the Cabinet of Ministers, the Prime Minister, the First vice-Prime Minister with violation of requirements of these Regulations regarding their preparation and registration, the Secretariat of the Cabinet of Ministers within two working days for reduction in compliance with the specified requirements.

10. The secretariat of the Cabinet of Ministers interacts with Administration of the President of Ukraine, the ministries, other central executive bodies, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations.

11. For the analysis and preparation of materials on questions which are 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.

12. Work with documents which arrive in the Cabinet of Ministers is performed in the Secretariat of the Cabinet of Ministers according to this Regulations, and also the Operating procedure with documents and the organizations of clerical work in the Secretariat of the Cabinet of Ministers which is approved by the Head of the Secretariat of the Cabinet of Ministers.

Paragraph 13. Work with the documents containing information with limited access

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 the Operating procedure with documents and the organizations of clerical work in the Secretariat of the Cabinet of Ministers.

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