Analysis of the draft law:
I apologize, but to provide a quality analysis of the draft law, I need its text. Please provide the text of the draft law so that I can analyze it according to your instructions. After receiving the text, I will be able to provide you with:
1. **The essence of the draft law** in 3-5 sentences.
2. **The structure of the draft law**, its main provisions and changes compared to previous versions (if any).
3. **The main provisions of the draft law** that may be most important to legislators, experts, businesses, and citizens.
Analysis of the explanatory note:
Analysis of the Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Improving the Procedure for Preparing Draft Regulatory Legal Acts”
The Essence of the Draft Law
The draft law aims to grant the Security Service of Ukraine (SSU) the authority to independently 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 includes amending the laws “On the Security Service of Ukraine” and “On the Cabinet of Ministers of Ukraine” to expand the SSU’s capabilities in the legislative process.
Reasons and Necessity for Adopting the Law (According to the Explanatory Note)
The author of the explanatory note indicates that the need to adopt this law is due to several factors. Firstly, the SSU is a key body in the field of ensuring state secrets, counterintelligence, combating terrorism, and conducting operational-search activities, especially during martial law. Secondly, current legislation does not allow the SSU to independently submit draft regulatory legal acts to the President and the Government, which complicates the prompt response to challenges and threats. Granting the SSU such powers will allow for more effective and timely regulation of issues within its competence and adaptation of the regulatory framework to the conditions of martial law.
Main Consequences of the Draft Law
The main consequences of the adoption of this law, which may be important for various stakeholders, are:
- For legislators and experts: Ensuring more prompt and effective legal regulation of issues related to the activities of the SSU, in particular under martial law. This may contribute to increasing the defense capability and security of the state.
- For business: The law may have an indirect impact on business, as the activities of the SSU, in particular in the field of combating terrorism and economic crimes, may affect economic stability and the investment climate.
- For citizens: Improving the efficiency of the SSU may positively affect the level of security of citizens, the protection of their rights and freedoms, as well as the fight against terrorism and other threats. It is also important to pay attention to the possible risks associated with the expansion of the powers of the SSU and ensure proper control over its activities to avoid abuse.
Analysis of other documents:
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
The author of the document determines the need to revise certain regulatory acts to implement the provisions of the draft law. In particular, this concerns the resolution of the Cabinet of Ministers of Ukraine dated July 18, 2007 No. 950 “On approval of the Regulations of the Cabinet of Ministers of Ukraine.” The Ministry of Justice of Ukraine is designated as responsible for the preparation of draft amendments, and the deadline is within one month from the date of entry into force of the Law.
Main provisions:
- For legislators: The document indicates the need to amend subordinate acts in the event of the adoption of the law, which emphasizes the importance of a comprehensive approach to the legislative process.
- For experts: This list is a guide for analyzing the compliance of existing regulatory legal acts with the new legislative provisions.
- For business and citizens: Information on the revision of the Regulations of the Cabinet of Ministers of Ukraine may be important, as this document defines the procedure for the government’s activities, which directly affects the business environment and the rights of citizens.
2. Draft Resolution of the Verkhovna Rada of Ukraine
The author of the document – the Cabinet of Ministers of Ukraine – proposes 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”. It is proposed that the Committee of the Verkhovna Rada of Ukraine on Legal Policy 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 consideration in the second reading.
Main provisions:
- For legislators: This is a direct call to consider and adopt the draft law, which determines its priority.
- For experts: The document indicates the need for a thorough analysis of the draft law and the provision of reasoned proposals for its improvement.
- For business and citizens: The adoption of this law may affect the efficiency of the Security Service of Ukraine and the Cabinet of Ministers of Ukraine, which may have consequences for security and law and order in the country.
3. Conclusion of the Main Scientific and Expert Department of the аппарату (staff) of the Verkhovna Rada of Ukraine
The Main Department generally supports the draft law. Experts believe that the prompt development and amendment of regulatory legal acts is an urgent task, especially under martial law, to ensure proper regulation of issues within the competence of the Security Service of Ukraine.
Main provisions:
- For legislators: It is important to pay attention to the comments on the title of the draft law, which, according to experts, needs clarification to more accurately reflect its subject.
- For experts: The conclusion emphasizes the need to improve the draft law from the point of view of legislative technique and consistency of terminology.
- For business and citizens: The proposed changes may affect the activities of the Security Service of Ukraine, which is important for ensuring national security and protecting the rights of citizens.
4. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Legal Policy
The Committee on Legal Policy recommends the Verkhovna Rada of Ukraine to include the draft law in the agenda and adopt it as a basis and in general in the version proposed by the Committee. The Committee considers it appropriate to grant the Security Service of Ukraine 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.
Main provisions:
- For legislators: The Committee proposes a specific version of the draft law, which should be taken into account when voting.
- For experts: The conclusion contains a detailed analysis of constitutional provisions and current legislation, which justifies the need to adopt the draft law.
- For business and citizens: It is important to consider that the changes are aimed at improving the activities of the Security Service of Ukraine, which may have both positive and negative consequences for their rights and interests.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues
The Committee on Budget Issues concluded that the draft law will not have an impact on budget indicators, as the implementation of the provisions of the draft law is expected to be carried out at the expense of and within the limits of the state budget expenditures provided for ensuring the activities of the Security Service of Ukraine.
Main provisions:
- For legislators: The absence of additional budgetary expenditures is an important argument in favor of adopting the draft law.
- For experts: It is important for experts to verify the validity of the conclusion regarding the absence of impact on the budget, taking into account the possible indirect consequences of the implementation of the draft law.
- For business and citizens: The absence of additional budgetary expenditures means that the changes should not lead to an increase in the tax burden or a reduction in other social programs.
6. Conclusion of the Committee of the Verkhovna Rada of Ukraine on the Integration of Ukraine into the European Union
The Committee on the Integration of Ukraine into the European Union recognized the provisions of the draft law as those that are governed by the national legislation of the member states of the European Union and do not fall under the scope of international legal obligations of Ukraine in the field of European integration.
Main provisions:
- For legislators: This conclusion confirms that the draft law does not contradict Ukraine’s European integration aspirations.
- For experts: It is important for experts to ensure that the provisions of the draft law comply with European standards in the field of national security and protection of human rights.
- For business and citizens: This conclusion indicates that the changes should not complicate Ukraine’s relations with the European Union.
