Analysis of the draft law:
Analysis of the draft Law of Ukraine on Improving the Procedure for Submitting Draft Regulatory Legal Acts on Issues within the Competence of the Security Service of Ukraine to the President of Ukraine, the Cabinet of Ministers of Ukraine
Essence of the draft law: The draft law aims to grant the Security Service of Ukraine (SSU) the right to develop and submit draft regulatory legal acts on issues within its competence to the President of Ukraine and the Cabinet of Ministers of Ukraine. This involves amending the laws “On the Security Service of Ukraine” and “On the Cabinet of Ministers of Ukraine” to clearly define the powers of the SSU in this area. In fact, the existing practice is being standardized, bringing it into compliance with the requirements of the law.
Structure of the draft law:
- Title: The title has been changed to more accurately reflect the essence of the draft law.
- Section I: Amendments to existing laws of Ukraine:
- Amendments to the Law of Ukraine “On the Security Service of Ukraine”: Adding a new part to Article 25, which grants the SSU the right to develop and submit draft regulatory legal acts.
- Amendments to the Law of Ukraine “On the Cabinet of Ministers of Ukraine”: Clarification of Article 50 regarding the right of initiative and preparation of draft acts of the Cabinet of Ministers of Ukraine, including the SSU in the list of entities that have such a right.
- Section II: Final provisions:
- Definition of the date of entry into force of the law.
- Establishing a deadline for the Cabinet of Ministers of Ukraine to bring regulatory legal acts into compliance with this law (one month).
Main provisions and changes:
- SSU’s right to legislative initiative: The key change is the clear consolidation of the SSU’s right to develop and submit draft regulatory legal acts on issues within its competence.
- Amendments to the Law “On the Cabinet of Ministers of Ukraine”: Supplementing the list of entities that have the right of initiative and prepare draft acts of the Cabinet of Ministers with the Security Service of Ukraine.
- Final provisions: The deadline for the Cabinet of Ministers of Ukraine to bring regulatory acts into compliance with the new law has been reduced to one month instead of three, as it was in the previous version.
- Rejected proposals: A number of amendments were rejected that proposed to limit the SSU’s right to legislative initiative only to issues within its competence, or to grant such a right only on behalf of the President or the Cabinet of Ministers. A proposal to leave the deadline for bringing regulatory acts into compliance at three months was also rejected.
Important provisions for different groups:
- For legislators: The draft law clearly defines the powers of the SSU in the legislative process, which may affect the efficiency and speed of response to national security threats.
- For experts: It is important to assess how the changes will affect the balance of power and the distribution of powers between different state authorities.
- For business: Business may be interested in how the changes will affect the regulation of economic activities related to national security.
- For citizens: It is important for citizens to understand how the expansion of the SSU’s powers may affect their rights and freedoms.
Analysis of other documents:
Based on the provided documents, here is my analysis:
Analysis of documents regarding the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Improving the Procedure for Preparing Draft Regulatory Legal Acts”
1. List of acts of the Cabinet of Ministers of Ukraine and central executive bodies
- Position: The document supports the draft law, as it identifies the need to review the resolution of the Cabinet of Ministers of Ukraine to implement the provisions of the draft law.
- Main provisions:
- Identifies the need to review Resolution No. 950 of the Cabinet of Ministers of Ukraine dated July 18, 2007 “On Approval of the Regulations of the Cabinet of Ministers of Ukraine” to implement the provisions of the draft law.
- The Ministry of Justice of Ukraine is designated as responsible for preparing the draft act.
- The deadline for reviewing the regulatory act is within one month from the date of entry into force of the Law.
2. Draft Resolution of the Verkhovna Rada of Ukraine
- Position: The document supports the draft law, proposing to adopt it as a basis and instruct the committee to finalize it for the second reading.
- Main provisions:
- It is proposed to adopt as a basis the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Improving the Procedure for Preparing Draft Regulatory Legal Acts”.
- The Committee of the Verkhovna Rada of Ukraine on Legal Policy is instructed to finalize the draft law, taking into account the comments and proposals of the subjects of the right of legislative initiative, and submit it to the Verkhovna Rada of Ukraine for the second reading.
3. Conclusion of the Main Scientific and Expert Department of the Secretariat of the Verkhovna Rada of Ukraine
- Position: The Main Department generally supports the draft law, noting the relevance of the prompt development of regulatory legal acts to ensure proper regulation of issues within the competence of the Security Service of Ukraine, especially under martial law.
- Main provisions:
- The purpose of the draft law is supported – improving the procedure for preparing and submitting draft regulatory legal acts by the Security Service of Ukraine.
- Attention is drawn to the need to clarify the title of the draft law to more clearly reflect its subject matter and scope of issues.
4. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Legal Policy
- Position: The Committee recommends that the Verkhovna Rada of Ukraine adopt the draft Law in the second reading and as a whole.
- Main provisions:
- The Committee considered the amendments and proposals received for the draft law.
- It is proposed to present the draft law in a new version in order to comply with legislative technique and improve the provisions.
- It is recommended to adopt the draft law as a whole, and in case of adoption of the Draft Law as a Law, to instruct the Committee, together with the Main Legal Department of the Secretariat of the Verkhovna Rada of Ukraine, to carry out editorial and technical-legal finalization of its text.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues
- Position: The Committee believes that the draft law will have no impact on budget indicators.
- Main provisions:
- The implementation of the provisions of the draft law should be carried out at the expense and within the limits of the state budget expenditures provided for ensuring the activities of the Security Service of Ukraine.
- If the relevant law is adopted, it may enter into force in accordance with the law.
6. Conclusion of the Committee of the Verkhovna Rada of Ukraine on the Integration of Ukraine into the European Union
- Position: The Committee recognized the provisions of the draft law as being regulated by the national legislation of the member states of the European Union and not subject to the international legal obligations of Ukraine in the field of European integration.
- Main provisions:
- The draft law does not contradict the international legal obligations of Ukraine in the field of European integration.
7. Conclusion of the Main Department of Documentary Support of the Secretariat of the Verkhovna Rada of Ukraine
- Position: There are no comments on the text of the draft law.
- Main provisions:
- The text of the draft law is presented in modern Ukrainian literary language, taking into account the functional and stylistic features of the official business style and in accordance with the Rules for оформлення проектів законів та основних вимог законодавчої техніки [Rules for drafting bills and the main requirements of legislative technique].
8. Conclusion of the Main Legal Department of the Secretariat of the Verkhovna Rada of Ukraine
- Position: There are no comments on the text of the draft law.
- Main provisions:
- A legal examination of the draft law has been carried out.
