Appeal to the President of Ukraine

герб

Member of Parliament of Ukraine

Interfactional Parliamentary Association
“For the Protection of Violated Rights of Citizens and
Against Political Repression
“Forbidden to Forbid”


President of Ukraine
The Honorable Petro Poroshenko

DEPUTY’S APPEAL

Dear Mr. President,

Part two of Article 6 of the Constitution of Ukraine determines that the legislative, executive and judicial bodies exercise their authority within the limits determined by this Constitution and in accordance with the laws of Ukraine.

Part two of Article 19 of the Constitution of Ukraine provides that public authorities, their officials shall be obliged to act only on the grounds, within the powers, and in the way determined by the Constitution and the laws of Ukraine.

Part three of Article 113 of the Constitution of Ukraine establishes that the Cabinet of Ministers of Ukraine shall be guided in its activities by the Constitution and laws of Ukraine, as well as by decrees of the President of Ukraine and resolutions of the Verkhovna Rada of Ukraine, adopted in compliance with the Constitution and laws of Ukraine.

Article 117 of the Constitution of Ukraine determines that the Cabinet of Ministers of Ukraine shall, within the limits of its competence, issue directives and resolutions mandatory for execution.

Part two of Article 120 of the Constitution of Ukraine provides the organisation, powers, and operational procedure of the Cabinet of Ministers of Ukraine, and other central and local executive power bodies shall be determined by the Constitution and laws of Ukraine.

Law of Ukraine “On Central Executive Bodies”, determining the organization, authority and operational procedure of the central bodies of executive power of Ukraine, stipulates that the Ministry is headed by the Minister of Ukraine (hereinafter – the Minister), who is a member of the Cabinet of Ministers of Ukraine.

The order of appointment and dismissal, termination of office as minister, as well as the status of the minister as a member of the Cabinet of Ministers of Ukraine are determined by the Constitution of Ukraine and the Law of Ukraine “On the Cabinet of Ministers of Ukraine” (part two and three of Article 6 of Section II of the Law of Ukraine “On Central Executive Bodies”).

According to paragraph 1 of Article 6 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, the Cabinet of Ministers of Ukraine includes the Prime Minister of Ukraine, First Vice Prime Minister of Ukraine, Vice Prime Ministers and Ministers of Ukraine.

Consequently, a member of the Cabinet of Ministers has a special right and legal capacity, which, in turn, deprived the first deputy and deputy ministers. The acquisition of such a special legal capacity is related to a specific procedure at the legislative and constitutional levels.

According to paragraph 1 of Article 9 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, members of the Cabinet of Ministers of Ukraine, except the Prime Minister of Ukraine, the Minister of Defense of Ukraine and the Minister of Foreign Affairs of Ukraine, are appointed by the Verkhovna Rada of Ukraine on the submission of the Prime Minister of Ukraine.

Paragraph 12 of Article 9 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine” stipulates that the Decree of the Verkhovna Rada of Ukraine regarding the appointment of a member of the Cabinet of Ministers of Ukraine shall enter into force from the moment of taking the oath in accordance with the procedure established by Article 10 of this Law.

Paragraph 3 of Article 10 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine” provides that a member of the Cabinet of Ministers of Ukraine shall take office from the moment of taking his oath. The text of the oath signed by a member of the Cabinet of Ministers of Ukraine is kept in his personal file.

Pursuant to paragraph 6 of Article 10 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, the member of the Cabinet of Ministers of Ukraine, appointed to a vacant position in the current Cabinet of Ministers of Ukraine, on the day of the appointment, prior to the assumption of office,  he/she personally takes an oath at the plenary session of the Verkhovna Rada of Ukraine signing it without delay.

In accordance with paragraph 2 of part 7 of Article 21 of Chapter V of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, the Cabinet of Ministers of Ukraine appoints the First Deputies and Deputy Ministers on the proposal of the Prime Minister of Ukraine.

In accordance with paragraph 4 of the first part of Article 44 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, paragraph 5 of part two of Article 8 of the Law of Ukraine “On Central Executive Bodies” (exclusively), the Minister as a member of the Cabinet of Ministers of Ukraine and the Head of the Ministry submits to the Prime Minister Ukraine recommendation on the appointment of the First Deputy and Deputy Ministers and the release of the said persons from the office.

Proceeding from the system analysis of the above, it follows that in accordance with the requirements of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, the right to submit to the Prime Minister of Ukraine recommendation on the appointment of the First Deputy and Deputy Ministers and the dismissal of those persons from office belongs exclusively to the Minister as a member of the Cabinet of Ministers of Ukraine. This conclusion is also confirmed by the explanation of the Ministry of Justice of Ukraine provided by the letter dd 07.09.2016 No. 30845/ПІ-ЮР-1552/7.

In addition, neither the Law of Ukraine “On the Cabinet of Ministers of Ukraine”, “On Central Executive Bodies”, nor the Constitution of Ukraine establishes the powers of the Cabinet of Ministers of Ukraine to appoint persons acting as acting Ministers.

On July 22, 2016, the Cabinet of Ministers of Ukraine adopted Decree No. 511-r “On the appointment of Suprun U. as the First Deputy Minister of Healthcare of Ukraine”.

The adoption of the mentioned Decree by the Cabinet of Ministers of Ukraine is unlawful, groundless, biased, adopted contrary to the requirements of the current legislation of Ukraine and violating the constitutional, socio-economic rights and interests of healthcare workers and citizens on the following grounds.

On May 27, 2015, the Cabinet of Ministers of Ukraine adopted Decree No. 528-r “On the appointment of V.Shafranskiy as Deputy Minister of Healthcare”. On April 27, 2016, the Cabinet of Ministers of Ukraine adopted Decree No. 314-r “On the assignment of V.Shafranskiy as interim Minister of Healthcare of Ukraine”.

Thus, prior to the date (July 22, 2016) of the adoption of Decree No.511-r “On the appointment of Suprun U. as the First Deputy Minister of Healthcare”, temporary performance of the duties of the Minister of Health of Ukraine was assigned to V.Shafranskiy, who was the Deputy Minister of Healthcare of Ukraine and, accordingly, did not bring an oath and did not come to office as the Minister of Healthcare of Ukraine as a member of the Cabinet of Ministers of Ukraine according to the legal procedure under the Law of Ukraine “On the Cabinet of Ministers of Ukraine” and, therefore, he had no right to submit the recommendation about the appointment for the position of First Deputy Minister to the Prime Minister of Ukraine.

Thus, Ukrainian Prime Minister V. Groysman, neglecting and ignoring the requirements of the current Law of Ukraine “On the Cabinet of Ministers of Ukraine”, adopted Decree on the appointment of U. Suprun to the post of the First Deputy Minister of Healthcare of Ukraine on the basis of submission, signed by the unauthorized person, which led to a gross violation of the Constitution and the requirements of current legislation of Ukraine.

At the same time, proceeding from the circumstances of the illegal decision on the appointment of Ms. U.Suprun for the post of the First Deputy Minister of Healthcare of Ukraine, the Prime Minister of Ukraine V. Groysman adopted and signed another illegal decision on the appointment of the First Deputy Minister U.Suprun on the post of interim Minister of Healthcare of Ukraine violating the constitutional and legal requirements (Decree of the Cabinet of Ministers of Ukraine # 550-r dated July 27, 2016).

Later, based on the examples of open and cynical disregard for the requirements of the Constitution of Ukraine, Laws of Ukraine and Decrees of the President of Ukraine regulating the legal relations in the sphere of public administration admitted by the Prime Minister of Ukraine V.Groysman, already illegally  appointed Acting Minister of Healthcare U. Suprun implemented a number of unconstitutional unlawful appointments in the sphere of high public administration.

In particular, without any powers of the Minister and the Member of the CMU in the understanding defined by the Constitution of Ukraine and Laws of Ukraine “On the Cabinet of Ministers of Ukraine”, “On Central Executive Bodies”, U. Suprun submitted unlawfully was illegitimately appointed, at the same time on August 31, 2016 the Prime Minister of Ukraine V. Groysman illegally took the decision on the appointment A.Linchevsky, O.Sivak, P. Kovtonyuk for the posts of Deputies of the Healthcare Minister.

 

Based on the foregoing, guided by Article 86 of the Constitution of Ukraine and Article 16 of the Law of Ukraine “On the Status of the People’s Deputy of Ukraine”, I ask you as the President of Ukraine and guarantor of compliance with the Constitution of Ukraine, ensuring the rights, freedoms, interests of citizens in the field of constitutional guarantees in healthcare to issue appropriate instructions considering:

  • immediate cancellation of the above-mentioned personnel appointments, as such, that violate the Constitution and the laws of Ukraine;
  • formation of an Inter-Ministerial Commission on bringing the activity of the Healthcare Ministry of Ukraine to the requirements of the current legislation, ensuring the constitutionally guaranteed rights of Ukrainian citizens to life and health in full;
  • immediate submission by the Prime Minister of Ukraine the candidacy of the Minister of Health for consideration of the Verkhovna Rada of Ukraine in the manner determined by the Constitution of Ukraine and the requirements of the current legislation.

 

Upon the consideration of the appeal and your management decisions, I would ask you to inform me personally in the terms stipulated by the law.

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