Analytical Report “ Constitutional Reform : View of Civil Society ”

1. Analytical Report“Constitutional Reform:View of Civil Society” Agency for Legislative Initiativeswww.parlament.org.ua

2. 1. Results of the Constitutional Reform, Ways of Further Revision and Development of Constitutional Provisions

3. Advantages Drawbacks Improved Role of the Government in the Exercise of Executive Power Political Structuring of the Parliament Extended Oversight Powers of the Accounting Chamber Preservation of the Executive Power Dualism and Preconditions for the Conflict of Competences Restriction of Internal Political Party Democracy (Imperative Mandate) Restoration of Public Prosecution Oversight Creation of Preconditions for Restriction of Rights of Parliamentary Minority 1.1. Constitutional Reform: Advantages and Drawbacks

4. 1.2.Further Constitutional Amendments Needed Introduction of the Single Procedure for Formation of the Government Provision of the CMU with the Right To Appoint and Dismiss Heads of Local State Administration Improvement of the Impeachment Procedure Restriction of Parliamentary Immunity Cancellation of Public Prosecution General Oversight Functions Cancellation of the Imperative Mandate Territorial System Reform Local Self-Governance Reform In Accordance with European Charter of Local Self-Governance Simplification of the Procedurefor Delegation of Powers to the Local Self-Governance Review of Powers of Oblast State Administrations Abolishment of Rayon State Administrations Amendment of Article 124 of the Constitution Necessary for Ratification of the Rome Charter of the International Criminal Court

5. 1.3. Priorities for Development of Constitutional Provisions Establishment of proper conditions for the exercise of constitutional human and civil rights Development of direct forms of democracy (improvement of election and referendum legislation) Definition of the hierarchy of legislation Legislative specification of the procedure used to amend the Constitution Legislative definition of the status of the President, completion of separation of powers and responsibilities between the President and the Cabinet of Ministers of Ukraine Improvement of efficiency of parliamentary oversight Security of rights of the parliamentary opposition Implementation of the governance reform Reform of law-enforcement bodies

6. 2. Further Public Authorities Reform

7. Adoption of Laws on the Cabinet of Minister and the President Strengthening the Parliamentary Oversight Powers: Adoption of the Law on Temporary Investigation and Ad Hoc Parliamentary Commissions Establishment of Legislative Guarantees and Conditions for the Operation of the Opposition Adoption of the Law on the Parliamentary Procedure Continuation of the Local Self-Governance Reform for Implementation of the European Charter of Local Self-Governance Subordination of the State Court Administration to the Judicial Branch of Power Empowering the Judicial Branch to Appoint Chief Justices Better Court Funding and Salaries Paid to Judges Improved Access to Justice Change of the Role and Functions of the Public Prosecution Reform of the Security Service in Accordance with European Standards Reform of the Penitentiary System, Subordination of the State Penalty Execution Department to the Ministry of Justice 2.1. Ukraine’s Obligationson Public Authorities Reform Due to Its Membership in the Council of Europe(PACE Resolution 1466 (2005)

8. Definition of the Status of Temporary Ad Hoc and Temporary Investigation Commissions Adoption of the New Law on the Accounting Chamber Extension of Ombudsman’s Powers in Judicial Proceedings 2.2. Improvement of Parliamentary Oversight Clear Separation of Parliamentary Oversight Forms Specification of Committee Oversight Powers, Duties of Overseen Subjects, and Responsibilities Establishment of Terms for the Approval of the CMU Action Programme Security of Rights of the Parliamentary Minority

9. Improvement of Transparency of Parliamentary Committees (creation of web-sites for all committees, provision of access to the agendas and results of their consideration by parliamentary committees) 2.3. Ensuring Transparency and Accountability of the Parliament Establishment of Public Councils under the Reconciliation Council and VR Committees Legalisation of Lobbying Improvement of Transparency of Parliamentary Control (publication of interpellations and requests and replies thereto)

10. 2.4. Law on the Cabinet of Ministers: Ways of Further Improvement • Clear separation between administrative and political posts • Separation of powers between the President and the Cabinet of Ministers in the area of foreign policy, national security and defence • Introduction of mechanisms to ensure respect of requirements set by law to the candidates for members of government, definition of grounds for the formal incompliance of submissions to the requirements of the law • Definition of principles for cooperation between the Cabinet of Ministers and the Security and Defence Council • Bringing the procedure for the submission of the candidacies for the posts of the Minister for Foreign Affairs and the Minister of Defence into compliance with the Constitution, provision of the President with the power to initiate pre-term termination of powers of these ministers • Establishment of terms for the approval of the CMU Action Programme (for the entire term of powers or annually), consequences of the failure to approve the CMU Action Programme • Attribution of grounds for the pre-term termination of powers of the Government and more than 1/3 of its members • Specification of grounds for the PM and the minister in charge to refuse to countersign the presidential decrees и • Introduction of mechanisms for reconciled adoption of decisions by the President, Parliament, and the Cabinet of Ministers (Art. 29.4 of the Law)

11. 2.5. Main Ways of Governance Reform in Ukraine (SIGMA Recommendations, 2006) 1.General Administrative Basis 2.Public Service 3.Policy Formation and Coordination 4.Public Expenditures Management 5.Internal Financial Audit 6.External Financial Audit 7. Public Procurement System

12. Public Prosecution Reform In Light of the Venice Commission Opinion Reform of the Interior Ministry and the Security Service Reform of Pretrial Investigation, Separation of Investigation and Oversight Security of the Right to Judicial Protection: Adoption of the New Law on Legal Profession And Free Legal Aid 2.6. Reform of Law-Enforcement Bodies Deepened specialisation of courts, Introduction of juvenile justice Change of the Procedure for Appointment of Judges to Administrative Posts Ensuring Independence of the State Court Administration from the Influence of the Executive Branch Introduction of Transparent Competition for Selection of Candidates to the Posts of Judges

13. 2.7. Ways to Reform Administrative and Territorial System, Local State Administrations and Local Self-Governance CONSTITUTIONAL REFORM OF LOCAL SELF-GOVERNANCE Change of Basic Units of Administrative and Territorial Division Attribution of Oversight Powers to OSA Establishment of Executive Bodies of Rayon and Oblast Councils, Introduction of Indirect Elections of Okruga, Rayon, and Oblast Heads Exclusion of the Oblast List from the Constitution Change of the LSA Heads Appointment Procedure, Abolishment of RSA Simplification of Mechanisms for Delegation of Powers to the Local Self-Governance Definition of the Procedure for the Recall of Local Heads and the Local Referendum Procedure Strengthened Local Self-Governance Financial Capacity, Oversight of Local Budget Implementation Ensuring Transparency of Local Self-Governance Operation Personification of the Proportional Representation Election System in Local Elections Ensuring the Rights of the Political Minority In Representative Local Self-Governance Bodies Cancellation of the Imperative Mandates for Members of Local Councils

14. 2.8. Constitutional Amendments on Local Self-Governance Reform: Ways of Improvement Exclusion of the Oblast List Adaptation of the Local Self-Governance System to the System of Administrative and Territorial Division Introduction of a Three-Level System for Administrative and Territorial Division: Oblast, Rayon, Okruga Attribution of the Chairman Election Procedure (Direct/Indirect Elections) to the Area of Legal Regulation Establishment of Procedure for Okruga Formation Improvement of the Procedure for Delegation of Powers to the Local Self-Governance