As a law-making initiative and in conformity with Article 93 of the Constitution of Ukraine and Article 11 of the Law of Ukraine on the status of National Deputy of Ukraine, I am submitting the draft Law of Ukraine on the Committees and Commissions of the Verkhovna Rada of Ukraine for consideration by the Verkhovna Rada of Ukraine.

Approval of this draft law will provide an opportunity to determine a role of the committees and commissions as actual working bodies of the Parliament in which a great many issues will be considered. As a result, the Verkhovna Rada will be able to avoid the necessity to consider many administrative arrangements.

This law will provide an opportunity to comprehensively solve the problem of relations with executive bodies in law drafting and avoid redundancy in the work done. Not only does it provide for broad powers to the committees in exercising control over the activity of executive bodies but it also envisages accountability of officials and citizens for their contempt of the higher legislative body.

In contrast with the current law, the draft law provides a definite procedure of rules for the activity of the temporary select committees and temporary investigative committees. Obviously, this will positively affect the improvement of the parliamentary work in the sense of its democratization.

Approval of this law will provide us the opportunity to implement such an important element of parliamentary oversight as committee hearings. They will become one of the principle sources of receiving information from experts and officials. They will also provide the opportunity to take into consideration public opinion about programs with national scope.

Considering the ultimate necessity of having such a basic law on the committees and commissions of the Verkhovna Rada, and the numerous attempts made by the legislative bodies of earlier convocations to solve this problem, as well as the provisions of Article 89 of the Constitution of Ukraine on legal regulation and order of activity of the committees and commissions of the Verkhovna Rada, I ask to consider this draft law on the floor of the Verkhovna Rada as the first priority issue.

DRAFT LAW OF UKRAINE “ON THE COMMITTEES AND COMMISSIONS OF THE VERKHOVNA RADA OF UKRAINE”

The aim of the Law is to raise the role of the committees and commissions of the Verkhovna Rada of Ukraine in law drafting, to improve the parliamentary oversight over implementation of the Constitution of Ukraine, other laws, and to develop additional provisions for reinforcement of lawfulness and order in Ukraine.

CHAPTER I.

GENERAL PROVISIONS

Article 1. Constitutional organs of the Verkhovna Rada of Ukraine.

1. In compliance with the Constitution of Ukraine the organs of the Verkhovna Rada of Ukraine shall include:

1) committees;
2) temporary select commissions;
3) temporary investigative commissions.

`2. The committees and commissions shall be controlled by the Verkhovna Rada and accountable to it.

3. The work of the committees and commissions of the Verkhovna Rada shall be coordinated by the Chairman of the Verkhovna Rada of Ukraine and his deputies.

Article 2. Tasks of the committees and commissions

1. The committees shall carry out law drafting as well as preparation and preliminary consideration of matters under the authority of the Verkhovna Rada of Ukraine.

2. The temporary select commissions shall be formed for preparation and preliminary consideration of questions of a temporary nature either under the authority of the Verkhovna Rada of Ukraine or those not subject to consideration by standing committees of the Verkhovna Rada, or if their preparation needs special reconciliation.

3. The temporary investigative committees shall be formed to pursue investigation of questions which are of interest to the citizens and will submit results of investigation for consideration by the Verkhovna Rada of Ukraine.

Article 3. Legal basis of activity of the committees and commissions

The legal basis for the activity of the Committees and Commissions of the Verkhovna Rada of Ukraine are the Constitution of Ukraine, this Law, the Law on Rules of Procedure of the Verkhovna Rada of Ukraine, other laws of Ukraine.

Article 4. Principles of activity of committees and commissions

The committees and commissions of the Verkhovna Rada of Ukraine shall base their work on the principles of lawfulness, expediency, functional capacity, planned development, scientific substantiation, collegiality, freedom of thought, speech and openness.

Article 5. Terms of power of the committees and commissions

1. The committees of the Verkhovna Rada of Ukraine shall be established for the term of power of the Verkhovna Rada of Ukraine.

2. The temporary select and investigative commissions shall be established for the period required for preparation and preliminary consideration of matters, or pursue investigation for which purpose they were established.

Article 6. Cooperation of the committees and commissions

1. While considering and deciding questions within their competence, the committees and commissions of the Verkhovna Rada of Ukraine shall cooperate with each other in compliance with the provisions of this Law and the Law of Ukraine on the Rules of Procedure of the Verkhovna Rada of Ukraine.

2. The form of cooperation of the committees and commissions with the Accounting Chamber of the Verkhovna Rada of Ukraine, and the Representative on Human Rights authorized by the Verkhovna Rada of Ukraine shall be governed by the Law on the Rules of Procedure of the Verkhovna Rada of Ukraine and other laws.

CHAPTER II.

THE COMMITTEES OF THE VERKHOVNA RADA OF UKRAINE, THEIR FUNCTIONS AND AUTHORITY.

Article 7. List of the committees of the Verkhovna Rada of Ukraine

The following committees shall be established for law drafting, preparation and preliminary consideration of questions within the competence of the Verkhovna Rada of Ukraine:

1) Committee on Legal Policy, Constitutional Legislation and Codification;
2) Committee on Budget;
3) Committee on Economic Policy;
4) Committee on Finance, Taxation and Banking;
5) Committee on Foreign Affairs;
6) Committee on National Security and Defense;
7) Committee on Regional Policy and Local Self-Governance;
8) Committee on Lawfulness and Law and Order;
9) Committee on Human Rights, Rights of National Minorities and Migration;
10) Committee on Energy, Industry, Transport and Communication;
11) Committee on Agrarian Policy and Social Development of Rural Areas;
12) Committee on Social Policy, Labor, Public Health Care;
13) Committee on Environmental Policy and Nuclear Safety;
14) Committee on Science, Education, Culture and Sport;
15) Committee on Parliamentary Activity and Deputy Ethics.

Article 8. The numerical strength of the committees

1. The numerical strength of a committee shall not be less than 1/30 and no more than 1/10 part of the aggregate membership of the Verkhovna Rada of Ukraine.

2. The Verkhovna Rada of Ukraine may limit the membership of each committee by its resolution.

Article 9. General competence of the committees

1. General competence includes preparation and consideration of questions imposed by this law to the functional specialty of a committee which don’t require mandatory consideration and reconciliation with other committees of the Verkhovna Rada of Ukraine.

2. The following questions shall be regarded as those within the competence of the committees:

1) legislative drafting in which are included the organization of the work and direct elaboration of draft laws, other normative and legal acts for consideration of the Verkhovna Rada of Ukraine on the instructions of the Verkhovna Rada of Ukraine, preliminary consideration and preparation of conclusions and proposals related to the draft laws submitted by other subjects of legislative initiative, further work and editing of individual draft laws in accordance with the results of their consideration in the first and subsequent readings, generalization of comments and proposals which were submitted in the course of their consideration, design of perspective plans of law drafting;

2) participation in preparation the draft Law on State Budget of Ukraine in the part subject to the competence of the relevant committee for consideration by the Verkhovna Rada of Ukraine, and oversight over its implementation;

3) execution of oversight over observance and implementation of the Constitution and Laws of Ukraine by state executive and management bodies, consideration of efficiency of their implementation, as well as control over compliance of statutory (subordinate) acts with the Constitution and Legislation of Ukraine;

4) collection and study of information related to problems within the competence of the committees, conduct of hearings devoted to these problems, including information obtained at the meetings of the Verkhovna Rada of Ukraine;

5) study of efficiency of actions of the Government of Ukraine, other state executive branch bodies, their officials in relation to problems within the competence of the committees, preparation of corresponding conclusions for the consideration by the Verkhovna Rada of Ukraine;

6) preliminary consideration and preparation of conclusions and proposals concerning the question whether to give consent to the obligations or to denounce international agreements, perspective programs of economic, social and cultural development of Ukraine, preliminary consideration and preparation of reports on execution of these programs and other questions to be considered by the Verkhovna Rada of Ukraine;

7) preliminary consideration of nominees to an office who, in accordance with the Constitution and laws of Ukraine shall be elected, appointed or approved

by the Verkhovna Rada of Ukraine, and preparation of corresponding conclusions in relation to these nominees for consideration by the Verkhovna Rada of Ukraine;

8) consideration of nominees to an office whose appointment in accordance to the existing legislation shall be coordinated with the committees, preparation of corresponding conclusions with respect to these persons.

Article 10. Special Competence of Committees

1. Special competence of the committees shall be consideration of issues, resolutions, conclusions and recommendations prepared by other committees if these issues pertain simultaneously to the range of specialty of these committees.

2. Special authority of the committees, in accordance to the area of their activity, shall include:

1) for the Committee on Legal Policy, Constitutional Legislation and Codification:

- consideration of draft acts of the Verkhovna Rada related to amendments and supplements to the Constitution of Ukraine, codes, civil and criminal legislation, legal proceedings, interstate and intergovernmental agreements;

2) for the Committee on Budget:

- consideration and coordination of all draft laws whose adoption may change revenues or expenditures of the State Budget of Ukraine; preliminary consideration of agreements related to credits or financial assistance either extended to Ukraine or granted by it;

3) for the Committee on Economic Policy:

- consideration and coordination of all draft laws adoption of which may negatively affect the economic situation in Ukraine;

4) for the Committee on Foreign Affairs:

- consideration of all questions related to the foreign policy of the State, analysis of all the international and intergovernmental agreements, coordination of interparliamentary relations;

5) for the Committee on Regional Policy and Local Self-Governance:

- consideration and coordination of all draft acts of the Verkhovna Rada of Ukraine implementation of which infringes upon the interests of local self-governance or a specific region of Ukraine;

6) for the Committee on Social Policy, Labor, and Public Health Care:

- obligatory consideration and coordination of all draft acts of the Verkhovna Rada of Ukraine passage of which impacts social protection of the population;

7) for the Committee on Environmental Policy and Nuclear Safety:

- consideration of all issues related to social protection of the population suffered from the Chornobyl catastrophe and other emergencies, ecological expertizing of draft laws and normative and legal acts of executive branch which may have negative environmental consequences;

8) for the Committee on Parliamentary Activity and Deputy Ethics:

- consideration of all questions related to the internal organization of parliamentary activity, its staff, material provision of deputy activity, investigation of interparliamentary conflicts, performance of function of the Vote-Tallying Commission of the Verkhovna Rada of Ukraine.

Article 11. Functional Areas of Competence of Committees

The committees shall carry out law drafting and exercise oversight functions with regard to their field according to their range of specialty established by the present Law.

Article 12. Functional Areas of Competence of the Committee on Legal Policy, Constitutional Legislation and Codification

The Committee on Legal Policy, Constitutional Legislation and Codification shall consider and resolve the issues connected with:

1) legal policy of the State;
2) constitutional legislation;
3) administrative legislation;
4) legislation on issues of activities of the legislative and executive branches;
5) legislation on parties, noncommercial, charitable, public organizations;
6) electoral legislation, referenda, and discussions;
7) legislation on the judicatory and judicial system, legal procedures;
8) civil law.

Article 13. Functional Areas of Competence of the Committee on Budget

The Committee on Budget shall consider and resolve the issues connected with:

1) budget policy and budget law;
2) the State Budget of Ukraine, budget process and budget discipline.

Article 14. Functional Areas of Competence of the Committee on Economic Policy

The Committee on Economic Policy shall consider and resolve the issues connected with:

1) economic policy and economic reforms;
2) legislation on enterpreneurship;
3) anti-monopoly legislation;
4) legal regulation of foreign economic activities.

Article 15. Functional Areas of Competence of the Committee on Finance, Taxation and Banking Activities

The Committee on Finance, Taxation and Banking Activities shall consider and resolve the issues connected with:

1) financial, credit and monetary emission policy;
2) financial legislation;
3) tax legislation and legislation on fiscal bodies;
4) legislation on banks and banking activities;
5) legislation on currency regulation;
6) legislation on stock exchanges and securities.

Article 16. Functional Areas of Competence of the Committee on Foreign Affairs

The Committee on Foreign Affairs shall consider and resolve the issues connected with:

1) foreign policy of the State;
2) international and legal relations ;
3) legislative support of activity in the field of foreign policy;
4) preparation of international treaties, agreements to be considered by the Verkhovna Rada.

Article 17. Functional Areas of Competence of the Committee on National Security and Defense

The committee on National Security and Defense shall consider and resolve the issues connected with:

1) defense policy, military doctrine and military reform;

2) legislative provision of operation of the Armed Forces of Ukraine, the Security Service of Ukraine, the National Guard of Ukraine, the Frontier Forces of Ukraine and other military units;

3) legislation on the state of emergency and martial law, state secret.

Article 18. Functional Areas of Competence of the Committee on Regional Policy and Local Self-Governance

The Committee on Regional Policy and Local Self-Governance shall consider and resolve the issues connected with:

1) regional policy;
2) legislation on local self-governance and local executive bodies;
3) social and economic development of regions and their economic self-governance.

Article 19. Functional Areas of Competence of the Committee on Lawfulness and Order

The Committee on Lawfulness and Order shall consider and resolve the issues connected with:

1) law-enforcement policy;
2) criminal legislation and legislation on administrative infringements;
3) legislative support of activity of the Procuracy bodies, militia and customs service;
4) legislation executive proceeding;
5) legislative support of activity of bodies on fighting organized crime and corruption;
6) state programs for crime-fighting, measures aimed at prevention of crime and legal education of population.

Article 20. Functional Areas of Competence of the Committee on Human Rights, Rights of National Minorities and Migration

The Committee on Human Rights, Rights of National Minorities shall consider and resolve the issues connected with:

1) human rights;
2) legislation on rights of national minorities and indigenous population;
3) legislation on citizenship and migration processes;
4) legislation on freedom of speech and mass media; 5) legislation on activity of religious organizations.

Article 21. Functional Areas of Competence of the Committee on Energy, Industry, Transport, and Communication

The Committee on Energy, Industry, Transport, and Communication shall consider and resolve the issues connected with:

1) State policy in the field of energy, industry, transport and communication;
2) legislative support of industrial development;
3) legislative support of construction development;
4) legislative support of transport development;
5) legislative support of communication development;
`6) legislative support of development fuel and energy complex;
7) legislative support of development of nuclear energy.

Article 22. Functional Areas of Competence of the Committee on Agrarian Policyand Social Development of Rural Areas

The Committee on Agrarian Policy and Social Development of Rural Areas shall consider and resolve the issues connected with:

1) agrarian policy of the State;
2) legislative support of use of land resources;
3) legislation on agro-industrial complex and social development of rural areas;
4) legislation on agricultural farms and enterprises.

Article 23. Functional Areas of Competence of the Committee on Social Policy, Labor and Public Health Care

The Committee on Social Policy, Labor and Public Health Care shall consider and settle the issues connected with:

1) social policy, employment of population and public health care;
2) housing legislation;
3) legislation on pensions, social protection of veterans of war and labor, invalids and poor;
4) labor legislation;
5) family legislation;
6) legislation on public health care, protection of maternity, childhood and paternity
7) legislation on regulation of demographic processes;
8) social protection of citizens who suffered from Chornobyl catastrophe and other emergencies.

Article 24. Functional Areas of Competence of the Committee on Environmental Policy and Nuclear Safety

The Committee on Environmental Policy and Nuclear Safety shall consider and settle the issues connected with:

1) environmental and nuclear policy and safety;

2) legislative support of environmental protection, creation of safe conditions for human economic management, regime of nuclear and radiation safety;

3) legislation on mineral wealth, woods, waters, air, status of areas which have suffered from environmental catastrophes;

4) problems of liquidation of consequences of the Chornobyl catastrophe and other emergencies.

Article 25. Functional Areas of Competence of the Committee on Science, Education, Culture and Sport

The Committee on Science, Education, Culture and Sport shall consider and settle the issues related to:

1) science and humanitarian policies;
2) legislation on development of science, technologies and information systems;
3) legislation on all kinds of compulsory and vocational training;
4) legislation on culture and art;
5) legislation on protection of historical and cultural heritage and preserves;
6) legislation on Youth policy, development of sport and tourism.

Article 26. Functional Areas of Competence of the Committee on Parliamentary Activity and Deputy Ethics

The Committee on Parliamentary Activity and Deputy Ethics shall consider and settle the issues related to:

1) organization of parliamentary activity and standing rules of procedure;
2) deputy ethics;
3) support of professional activities of the National Deputies.

Article 27. The Rights of Committees

1. In order to ensure realization of powers established by this Law the committees shall have the rights:

1) to consider any proposition on adoption of either new legislative acts or amendments and supplements to the current legislative acts, and, if necessary, to submit the corresponding conclusions for consideration by the Verkhovna Rada of Ukraine;

2) to object against consideration in the Verkhovna Rada of Ukraine any draft law submitted to it as a legislative initiative as such, if it is inconsistent with the program activity of the Cabinet of Ministers of Ukraine approved by the Verkhovna Rada of Ukraine, or if it does not comply with provisions of the current legislation on statutory acts, or if it has to be substantially improved;

3) to publish in press the draft laws within their competence before their submission to the Verkhovna Rada of Ukraine for consideration in the first reading as well as their opinion regarding the content of these draft laws;

4) to enter into agreements with scientific institutions, educational establishments and experts ( within the limits of costs allotted to the standing committees) with a view to conduct scientific and informational searches, drafting, finalization and examination of the draft laws, to draw in this work officials of Ministries, and agencies, local self-government bodies;

5) to submit to the Verkhovna Rada of Ukraine proposals on conducting the all-national referendum on the most important problems of the State, or submission of any draft law to the nation-wide or special discussion;

6) to carry out oversight over observance of the Constitution and Legislation of Ukraine, other statutory acts of the Verkhovna Rada by central administrative and managing bodies;

7) to carry out oversight over the lawfulness, economy and efficiency of expenditures from the State Budget expenditures as well as timely revenues to the State Budget of Ukraine;

8) to study the practice of application, coming into effect and implementation of either approved laws or separate provisions as well as their efficacy, to determine tasks aimed at improvement of current laws based on conducted analysis of that legislation;

9) to bring in proposals related to agenda of plenary meetings of the Verkhovna Rada of Ukraine, to report and co-report on issues which refer to their range of specialty, to appoint reporters and co-reporters from among the Committee members;

10) to address President of Ukraine, Cabinet of Ministers of Ukraine, Ministries and agencies, executive and local self-government bodies, institutions, organizations and enterprises, independently of the forms of ownership and subordination, on issues within their jurisdiction;

11) to bring in proposals on hearing in the sessions of the Verkhovna Rada of Ukraine reports of Cabinet of Ministers of Ukraine on its activity as a whole or on specific issues and reports of Heads of Ministries and Agencies of Ukraine and heads of other bodies of the central executive bodies on issues falling within their jurisdiction;

12) to invite officials (or representatives) of state power bodies, local governments, institutions, organizations and enterprises, irrespective of the form of ownership and subordination, as well as civil associations or individual citizens for participation in their sittings;

13) to stand for participation of the officials of the central administrative and managing bodies in plenary meetings of the Verkhovna Rada of Ukraine during consideration of an issue for which preparation the committee bears the principal responsibility, provided that this issue directly refers to the area of competence of those bodies;

14) to rise before the Verkhovna Rada of Ukraine the issue on choosing the committee to be in charge for consideration of a draft law if such a draft law has been submitted for consideration to another committee, or choosing a principle committee for consideration of a draft law which regulates issues falling within the area of competence of several committees;

15) to demand from heads and other officials of the executive branch and local self-government bodies to provide them with the information, documents, and materials required for consideration of an issue as well as performance of examination and evaluation of the committee operation. Information containing State secrets shall be made available in compliance with provisions established by the current legislation;

16) to conduct hearings on issues that are within the area of their competence.

Article 28. Law Drafting in the Committees

1. The committee, in correspondence with the functional area of its activity established by the present Law shall conduct law drafting activity which includes:

1) direct (independent) law drafting, consideration of draft laws developed and brought in by other subjects of legislative initiative, consideration of amendments and proposals submitted for consideration in the committee by the President of Ukraine, National Deputies, the committees of the Verkhovna Rada of Ukraine, the Cabinet of Ministers, Ministries and other executive bodies and local governments, institutions, organizations, enterprises and individual citizens;

2) preparation of proposals on the necessity to pass draft statutory act submitted according to the order of legislative initiative to some other committee (committees) of the Verkhovna Rada of Ukraine;

3) finalization of a draft law on the basis of amendments and proposals submitted by other committees and National Deputies of Ukraine;

4) submission of a draft law according to the order of legislative initiative on behalf of the National Deputy or a group of the national deputies of Ukraine - members of the said committee for consideration by the Verkhovna Rada of Ukraine if that draft law is supported and approved by the committee.

2. In case if the committee is defined as principle to a certain draft law or some other draft act of the Verkhovna Rada, that committee shall generalize and systematize proposals, amendments and conclusions of other committees of the Verkhovna Rada of Ukraine, submit its own proposals and amendments and prepare that draft law for consideration at the plenary meeting of the Verkhovna Rada.

3. Draft laws developed and approved by the committees of the Verkhovna Rada of Ukraine shall be filed for consideration of the Verkhovna Rada according to the order of legislative initiative on behalf of the deputy who initiated development of that draft law or promoted consideration and approval of that draft law by the committee

Article 29. Committee Participation in Development of State Programs

Committees shall take part in the development of State programs, and within the limits of their powers shall:

(1) Consider the program of activities of the Cabinet of Ministers and submit conclusions and proposals on its approval to the Verkhovna Rada of Ukraine;

(2) Consider national programs of economic, scientific and technical, social and cultural development, environmental protection and other programs elaborated by the Cabinet of Ministers of Ukraine, and submit conclusions and proposals to the Verkhovna Rada of Ukraine to be considered and approved at the plenary meetings;

(3) If it deems necessary, organize research of tendencies and perform prognostication concerning development of the political, economic, ecological, social and demography situation and develop proposals on regulation and inclusion of the said to the corresponding programs.

Article 30. Oversight Authority of Committees

1. Within the limits of their powers and in accordance with their subject-matter orientation, the committees shall exercise oversight over observance of the Constitution and the Laws of Ukraine, resolutions and other statutory acts of the Verkhovna Rada of Ukraine by the executive bodies.

2. In order to exercise oversight, the committees shall be authorized to hear the First Vice Prime Minister, Vice Prime Ministers, ministers of Ukraine, heads of State committees, institutions, other bodies of the State executive branch, organizations, trade unions, local self-government bodies, associations of citizens and individual citizens.

3. Upon the proposal of a committee, the heads of bodies and organizations and other officials shall appear at the meeting of the committee and give explanations regarding questions considered by the committee. If these persons do not appear at the meeting of the standing committee or provide inauthentic, incomplete information, or refuse to provide information, or deliberately conceal it, the committee shall raise the issue on bringing those individuals to responsibility. These provisions shall not be applied to the information regarded as a State secret.

4. While exercising their oversight authority, the committees shall be entitled to charge corresponding bodies with the right to conduct police investigative activity as foreseen by articles 2, 5, 6 and points 1, 3, 4 of article 8 of the law of Ukraine “On the Police and Investigative Activity.”

5. A committee shall be entitled to get acquainted with the originals of documents and to copy them.

Article 31. Study of Efficiency of Laws

1. The committees shall study the efficiency of laws and determine the necessity of introduction of amendments and additions to these laws.

2. Bodies of the executive branch, local self-government bodies, enterprises, institutions and organizations, shall be bound to inform the committees of the practice of application of legislation.

Article 32. Consideration of Nominees to Official Positions

1. The committees, in accordance with their functional area of activity or on commission from the Verkhovna Rada, shall consider the nominee to official positions, appointment or election to which requires the consent of the Verkhovna Rada of Ukraine, and prepare their conclusions.

2. For comprehensive and unbiased consideration of the nominees to official positions the committee shall be authorized to define the list of documents to be presented by the nominees or the body putting him/her forward as well as to commission corresponding bodies with investigation of that nominee’s previous activity within the limits defined by legislation.

3. Applications, complaints and other information submitted to the committee regarding the nominees under consideration shall be examined without fail.

4. If a nominee or a body that put him forward for an official position refuses to present necessary documents or explanations regarding applications, complaints and other information submitted to the committee in connection with the nominee and requiring examination, then this fact shall be considered as grounds to refuse the nominee’s consideration by the committee and the Verkhovna Rada of Ukraine.

Article 33. Explanations Regarding Application of Laws

The committees, within their competence, shall be entitled to present explanation pertaining to application of current laws of Ukraine. Explanations of committees shall not be regarded as an official interpretation of the legislation.

Article 34. Participation in Interparliamentary Connections

1. The committees shall cooperate with corresponding bodies of Parliaments of foreign countries, participate in international forums’ activity connected with questions within their jurisdiction.

2. The committees shall be entitled to delegate their members to the composition of official parliamentary delegations for visits abroad.

Article 35. Responsibilities of Committees of the Verkhovna Rada

Exercising the powers and functions entrusted to them by the Constitution of Ukraine, the Law of Ukraine on “Rules and Procedures of the Verkhovna Rada of Ukraine” and the present law the committees shall:

(1) Submit draft legislation to be considered by the Verkhovna Rada in proper time;

(2) Carry out commissions from the Verkhovna Rada of Ukraine on the issues of law drafting and organizational work in a timely fashion, inform the Verkhovna Rada of Ukraine on the course of their execution;

(4) Consider addresses of citizens;

(5) Periodically report on their activities before the Verkhovna Rada of Ukraine.

Article 36. Legal Consequences of Improper Work of Committees

1. In case of systematic non-fulfillment by the Chair of the Committee of his/her responsibilities, the Verkhovna Rada, upon the proposal of the Chairman or Deputy Chairman of the Verkhovna Rada of Ukraine, may submit the issue on re-election of the Chair of the Committee for consideration of the Verkhovna Rada.

2. In case of systematic evasion from active participation in the work of a committee committed by a national deputy, upon the proposal of the Chair of the Committee, the Verkhovna Rada may pass a resolution on his/her exclusion from the committee.

CHAPTER III.

ORDER OF FORMATION COMMITTEE. THEIR STRUCTURE AND STAFF.

Article 37. Election of Chairs of Committees

1. The Verkhovna Rada of Ukraine shall elect Chairs of the committees in accordance with procedures defined by the Law on “Rules and Procedures of the Verkhovna Rada of Ukraine” after formation of the deputy groups and factions.

2. Distribution of the Chairs’ of the committee vacancies to deputy groups and factions shall be conducted proportionally to the number of deputies in groups and factions.

Article 38. Election of Members to Committees

1. The personnel composition of committees shall be defined by the Verkhovna Rada of Ukraine in accordance with provisions of this law and procedures defined by the Law on “Rules and Procedures of the Verkhovna Rada of Ukraine.”

2. Distribution of seats in the committees shall be conducted proportionally to the numerical composition of deputy groups and factions. The composition of the committees and lists of their members shall be formed after corresponding submissions of the groups and factions in compliance with quotas of proportional representation.

3. The seats not distributed in correspondence to point 2 shall be distributed to the deputies that are not members of groups and factions.

4. List of names of the committees’ members shall be approved by the Resolution of the Verkhovna Rada of Ukraine.

5. A deputy who leaves a deputy group or faction shall resign his post in the committee and leave the committee, if the group or faction does not give its consent to the deputy’s further presence in the committee.

6. The deputies who belong to the same deputy group or faction, in compliance with consent of the leader of the deputy group or faction, may switch over from one committee to another on a temporary or a standing basis.

7. If a vacancy appears in the committee it shall be filled in accordance with submission of the deputy group or faction to which the vacancy belonged.

Article 39. Procedure of Formation of Leading Bodies of Committees

1. At the first meeting of a Committee, upon the proposal of the Chair, members of the committee shall elect deputy chair(s) and the secretary of the committee from among its composition. When the occasion requires, in order to secure specific directions of their activity, committees shall establish subcommittees, the number of which is no more than five within a committee, composed of no less than three committee members, and elect the chairs of the subcommittees.

2. The list of subcommittees, their numerical strength and powers shall be defined by means of open voting performed by the majority of the actual number of committee members.

3. Committee members may become members of some subcommittees.

4. The secretary of a committee cannot be a member of the same deputy group (faction) to which the chair of the committee belongs.

Article 40. Chair of Committee

The work of a committee shall be organized by its Chair, who shall:

(1) Plan the work of the committee;

(2) Ensure implementation of a schedule set for drafting laws and other legislative acts of the Verkhovna Rada to which the committee is defined as the principal one;

(3) Organize the work on implementation of the committee’s resolutions, inform the committee’s members on the course of their implementation;

(4) Inform the committee members on official information, received by the committee, report on other communications related to the committee’s area of activity;

(5) Coordinate the activity of the committee with activity of other committees, commissions and corresponding subdivisions of the Verkhovna Rada’s staff;

(6) Ensure management of the secretariat of the committee;

(7) Represent the committee in its connections with the Chairman and Deputy Chairmen of the Verkhovna Rada of Ukraine, other committees of the Verkhovna Rada, the state bodies, associations of citizens, corresponding bodies of the Parliaments of foreign states and international organizations;

(8) Plan hearings, develop and approve the procedure of their conducting. Approve the expenses of organization and conduct of hearings within the limits of budget;

(9) Preside over meetings of the committee, sign documents approved and supported by the committee;

(10) Ensure preparation of the estimate of committee’s expenses, sign contracts with specialists and experts, carrying out special assignments on order of the committee, inform the committee and report to the Chairman of the Verkhovna Rada of Ukraine on use of funds allocated to the committee;

(11) Conduct the reception of citizens on behalf of the Verkhovna Rada of Ukraine;

(12) Report to the Verkhovna Rada of Ukraine on the work of the committee and its results no less than once a year;

(13) Inform the Verkhovna Rada of Ukraine on the committee’s point of view in respect to issues considered at its meetings;

(14) Within a month before the term of convocation of the Verkhovna Rada of Ukraine expires, ensure preparation and submission to the Chairman of the Verkhovna Rada of data on the work executed, the state of affairs in respect of every draft law that is under development and consideration in the committee, and other information on activity of the committee defined by the Law of Ukraine on “Rules and Procedures of the Verkhovna Rada of Ukraine”;

(15) Execute directions of the Chairman and Deputy Chairmen of the Verkhovna Rada of Ukraine related to the powers of the committee.

Article 41. Deputy Chair

The Deputy Chair of the committee shall:

(1) Execute responsibilities of the Chair of the committee in case of the latter temporary absence;

(2) Perform certain functions of the Chair of the committee on commission from him as well as other tasks within the limits of powers of the committee.

Article 42. Secretary of Committee

1. The secretary of the committee shall ensure organization of work of the committee and fulfillment by committee members of their responsibilities.

2. The secretary of the committee shall:

(1) Participate in preparation of the committee’s plan of work;

(2) Prepare plans-schedules of law drafting and committee meetings;

(3) Oversee the committee’s and secretariat’s clerical work, sign the minutes of committee meetings along with the Chair;

(4) Keep records of the committee’s meetings and committee member present at those meetings;

(5) Oversee implementation of the committee’s resolutions, perspective and current working plans of the committee;

(6) Provide the members of the committee with necessary documents and materials.

Article 43. Responsibilities of Committee members

Committee members shall be obliged to:

1) participate in the work of the committee and its subcommittees;
2) implement committee decisions and assignments of its Chairman.

Article 44. Rights of Committee Members

The committee members shall be entitled:

(1) To bring proposals in the plan of work of the committee;

(2) To participate in discussion of issues under consideration of the committee (subcommittee);

(3) To bring in a proposal for consideration of questions within the competence of the committee at the committee meetings. If a member of the committee calls for a vote, his motion shall be put to the vote at the meeting of the committee;

(4) To present his/her individual opinion as an addition to the resolution of the committee.

Article 45. Committee Secretariat

1. The secretariat of a committee shall be a constituent part of the staff of the Verkhovna Rada of Ukraine and perform organizational, methodical, technical, informational and consulting-advisory services of the committee.

2. The secretariat of a committee shall be composed of assistants of committee leaders, permanent advisors to the committee, and technical and servicing personnel of the committee. The secretariat shall be directed by the Head.

3. The structure and staff of the secretariats of the committees shall be approved by the Chairman of the Verkhovna Rada in accordance with the submission of the Chair of the Committee and limited by the estimate of the Verkhovna Rada of Ukraine.

4. The rights and responsibilities of the staff of the committee’s secretariat shall be defined by job description approved by the Head of the Staff of the Verkhovna Rada of Ukraine and coordinated with the corresponding committee. Workers of the secretariat shall not be commissioned with responsibilities not connected with the committee’s activity except for cases established by the present law.

5. Employment and dismissal of the secretariat’s staff members shall be performed by the Head of the Staff of the Verkhovna Rada of Ukraine in accordance with submissions of the committee’s Chair; employment and dismissal of leaders’ assistants – in accordance with their submissions.

6. The secretariat of a committee shall cooperate with corresponding subdivisions of the Staff of the Verkhovna Rada of Ukraine.

Article 46. Head of Committee Secretariat

The work of the Secretariat of the Committee is organized by its Head, who shall:

(1) Oversee the passage of proposals up to the draft legislative schedule of the Verkhovna Rada of Ukraine, agenda and the schedule of plenary meetings of the Verkhovna Rada of Ukraine;

(2) Participate in long-term and current scheduling of the law-making activities of the committee;

(3) Ensure cooperation of the committee with ministries and other central bodies of the executive branch, scientific and public organizations, subdivisions of the Verkhovna Rada on the legislative issues;

(4) Organize preparation of committee meetings and participate in them;

(5) Organize the work of the secretariat staff to ensure efficient activity of the committee and be personally responsible for the performance of tasks imposed on the committee; upon the consent of the committee leadership, involve specialists and scientists in execution of current tasks;

(6) Attest draft legislative acts and other documents, preparation of which was entrusted to the committee or exercised on its initiative;

(7) Ensure registration and preparation of draft laws and materials for the Verkhovna Rada’s meetings;

(8) Prepare informational and analytical materials on the results of work of the secretariat;

(9) Prepare materials on legislative and oversight activities of the committee for the mass media and press service of the Verkhovna Rada of Ukraine;

(10) Elaborate occupational skill requirements and job descriptions of the secretariat staff;

(11) Promote training and improvement of skills of the secretariat staff;

(12) Participate in selection of the staff secretariat and carry out the work on personnel’s reserve creation;(13) Conduct staff meetings with the staff of the secretariat;

(14) Participate in development of the estimate of committee expenses;

(15) Be responsible for observance of labor discipline observance by the staff-members of the secretariat;

(16) Perform other tasks connected with the commissions from the leadership of the committee;

(17) Be entitled to attend the plenary meetings of the Verkhovna Rada during consideration of issues within the committee’s competence.

Article 47. Permanent Advisors to Committee

1. Permanent advisors to a committee shall be members of the secretariat of the committee and exercise consulting-advisory functions. In order to provide committee members with continuous legal aid, permanent advisors shall be attached to the subcommittees in accordance with their functional responsibilities.

2. Permanent advisors shall be entitled to attend committee meetings, with the right of advisory vote.

Article 48. Scientist-Advisors to Committee

1. Scientist-Advisors shall be engaged on a contract basis to ensure additional consulting-advisory provision of committee activities, development of draft legislative acts and conduct of scientific expert examination;

2. The numerical strength of the group of scientist-advisors shall be approved by the resolution of the corresponding committee within the limits of the committee estimate.

3. Scientist-Advisors shall be entitled to attend committee meetings with the right of advisory vote.

Article 49. Estimate of Committee

1. A committee shall have its own estimate.

2. The chair of the committee shall prepare an estimate of the committee’s expenses before each session of the Verkhovna Rada of Ukraine, which shall be considered and approved at the meeting of the committee. The following expenditures shall be included in the estimate:

(1) Costs for remuneration of the labor of the secretariat’s staff;

(2) Costs for planned business-trips;

(3) Costs for remuneration of the labor and business-trips of scientist-advisors on the contractual basis.

(4) Other costs necessary to ensuring the committee’s work (organization of hearings, conduct of conferences, seminars, official receptions, meetings, press-conferences etc.);

(5) Costs for representation expenses;

(6) Other costs necessary for fulfillment of the committee’s activity.

CHAPTER IV.

FORMS OF ORGANIZATION OF COMMITTEE WORK

Article 50. Forms of Main Activity of Committees

The main forms of committees’ activity shall be their meetings and hearings.

Article 51. Committee Meetings

1. If more than one half of the whole committee’s membership is present at the meeting of the committee, this meeting shall be regarded as competent, except for cases foreseen by the Law “On Rules and Procedures of the Verkhovna Rada of Ukraine.”

2. Committee meetings shall be held openly and publicly, except for cases when a closed meeting is conducted in accordance with the resolution of the standing committee. Besides committee members, the following persons shall be allowed to attend open meetings without invitation: other national deputies of Ukraine, members of the secretariat staff, scientist-advisors and assistant-advisors to the national deputies of Ukraine, as well as those who are responsible for preparation of questions under consideration.

3. Preliminary consent of the committee shall be required for recording, shooting of cinema and video, radio and TV-broadcasting.

4. The access of persons, who are not members of the committee, to closed committee meetings shall be provided upon written invitations signed by the Chair or the Deputy Chair of the committee.

Article 52. Committee Hearings

1. Hearings may be conducted in order to obtain the comprehensive information pertaining to questions within the committee’s competence and for detailed study and discussion of the said questions.

2. The committee shall inform the National Deputies of Ukraine and persons invited to the hearings on the date, time, place, and on their subject-matter no later than a week before the beginning. Information on the hearings shall be published by the Press Service of the Verkhovna Rada in the newspaper “Holos Ukrainy.”

3. The hearings shall be conducted openly in the presence of representatives of the mass media and broad public. In cases when the matter under consideration is connected with State secrets, or moral issues, the committee may pass a resolution to conduct a closed hearing.

4. The committee can make a decision on conduct of field hearing.

5. In order to conduct committee hearing, a quorum of no less than 3 members is necessary. Each member shall be authorized to put questions to the speaker during the course of the hearing and to receive corresponding answers. The duration of a hearing may not be terminated unless all those who want to express their opinions will do that. Duration of a hearing shall be limited to one day. A resolution to continue the meeting may be adopted by the committee.

6. Persons defined in Article 27 of this law may be invited to participate in the hearings. If there are different approaches to the problem under consideration, invitation of persons adhering to different points of view shall be a prerequisite condition.

7. Additional persons, not included in the list of those individuals invited to the hearings during planning of the hearing, must be called to the hearing, if no less than three members of the committee require that in written request addressed to the Chair of the committee.

8. Information acquired at the hearings shall be used for adoption of resolutions of the committees, and, if necessary, is distributed to the National Deputies of Ukraine.

Article 53. Preparation of Committee Meeting

1. The Chair of the committee shall convene the meeting of the committee either in accordance with an approved working plan, or on the commission from the Verkhovna Rada of Ukraine, or on his/her own discretion, or at the request of no less than one third of the members.

2. If the Chair of the committee does not convene the meeting despite the demand of no less than one third of the members of the committee, and if there is a quorum, the members of the committee may meet independently and elect the presiding person in order to conduct the meeting.

3. Questions preliminarily considered at the subcommittee’s meeting, if the latter is established, shall be included on the agenda; it shall not concern the questions on the organization of work of the committee;

4. The chair of the committee shall inform the members of the committee on changes on the agenda of a meeting no later than four days before the meeting, in the period between the plenary sessions of the Verkhovna Rada of Ukraine, and no later than 24 hours – during the period of plenary meetings. Communication on an extraordinary convocation of the committee’s meeting shall be announced at the meeting of the Verkhovna Rada.

5. Only questions related to the organization of work of the subcommittees, working groups and members of the committee may be included in the agenda provided that no less than one half of the members present at the meeting insist on that.

6. Materials to be considered during the meeting shall be distributed to the members of the committee and invited persons no later than three days before their consideration (excluding the day of their distribution as well as days off and holidays), unless the committee determined another date for the distribution of materials on a particular issue on the agenda.

Article 54. Order of Conduct of Committee Meeting

1. The meeting of the committee shall be opened either by the Chair of the committee or by his deputy, or, in their absence, by one of the Chairs of the subcommittees or any member of the committee against whom other committee members do not have any objections, who gives the floor either to the secretary of the committee or, in his/her absence, to the Head of the committee’s secretariat in order to present the information.

2. The secretary of the committee shall inform whether there is a quorum for a meeting and introduce persons invited to the meeting as well as inform committee members about the reasons for absence of individual members, if the reasons are known.

3. If there is a quorum, the presiding person shall open the meeting and announce the agenda.

4. After consideration and approval of the agenda, the questions shall be considered in the order of priority defined in the agenda.

5. Each member of the committee shall be entitled to take part in the discussion of any question under consideration and put questions to the invited persons.

6. When directing the meeting, the presiding person shall be unbiased and give the floor to all the national deputies of Ukraine and abstain from comments on those who participate in the discussion.

Article 55. Closed Meetings

1. In case when the issues regarded as State secrets under protection of the law are being considered, a closed meeting shall be conducted.

2. If a resolution on conducting of a closed meeting is approved, the presiding person shall announce the beginning of a closed meeting and determine the persons invited to participate in the closed meeting. All the present at the meeting shall be warned about the necessity not to disseminate the information revealed at the meeting.

5. Beginning from the announcement of a closed meeting its transcript and minutes shall acquire the status of documents intended for official use unless otherwise is prescribed by the current legislation on the State secret. The guard shall be put at the entrance of the room where the closed meeting is conducted; the guard shall control access of the persons according to the list of the committee members and those officially invited.

Article 56. Joint Meetings of Committees

1. Questions within jurisdiction of several committees, pursuant to their initiative as well as on the commission from the Verkhovna Rada of Ukraine may be considered at the joint meeting of the committees.

2. The joint meeting shall be conducted by the Chair of one of these Committees in correspondence with mutual consent of these committees. In case of need, the joint meeting of the committees may be conducted by the Chairman of the Verkhovna Rada of Ukraine or by his Deputy.

3. The considered questions shall be voted according to the general procedure. Resolutions adopted at the joint meeting of the committees shall be signed by the Chairs of the committees participated in the joint meeting.

4. The joint meeting of the committees concerning a motion on giving a consent to the National Deputy’s of Ukraine detention, arrest, or bringing him/her to criminal or administrative responsibility shall be headed by the Chairman of the Verkhovna Rada or in case of his absence – by the Deputy Chairman.

Article 57. Participants of Committee Meetings

1. The members of the committee, other National Deputies and persons invited to the meeting shall be participants of the meeting. Participation of the persons mentioned in p.26 of the present Law may be regarded as obligatory.

2. In advance, and no later than three days before the beginning of the meeting, the committee shall be obliged to send the written information on time and place of the meeting and the list of questions to be considered to leaders of the state power bodies, self-government bodies, institutions, organizations and enterprises of any form of ownership and subordination, associations of citizens and individual citizens. If it is necessary, the information includes the list of materials to be brought.

3. Necessary documents and materials on questions that serve as the reason for their invitation shall be distributed to the persons invited for participation in the meeting.

4. Representatives of the mass media shall be entitled to be present without invitation, except for closed meetings.

Article 58. Order of Adoption of Committee Resolution

1. Pursuant to the results of consideration of questions at the committees’ meetings the following kinds of documents may be approved by the majority vote (open, roll-call or secret) of those present at the meeting:

(1) Resolutions – in relation to questions connected with organization of the committees’ work;

(2) Recommendations – in relation to questions submitted by persons and bodies having the right of legislative initiative to be considered by the Verkhovna Rada of Ukraine as well as questions on oversight activities of the committees;

(3) Conclusions – in relation to drafts laws and other acts submitted by the subjects of legislative initiative to the Verkhovna Rada of Ukraine for consideration, as well as to nominees put forward for election, approval or dismissal by the Verkhovna Rada or those whose appointment and dismissal, in compliance with the legislation of Ukraine, shall be coordinated with the standing committees except for the cases defined by this law and the Law “On Rules and Procedures of the Verkhovna Rada of Ukraine.”

2. The open vote shall be carried out by the members of the committee by show-of-hands. The count of votes in the course of an open vote shall be performed by the secretary of the committee. Pursuant to a proposal supported by one third of the deputies present at the meeting the results of the vote shall be entered in the minutes of committee’s meeting (roll-call vote). In certain cases determined by the current legislation, the committees shall conduct a secret vote by submitting ballots.

3. Resolutions, recommendations and conclusions of the committee may be revised if the corresponding motion is voted on by the majority of committee’s total composition. The said documents shall be submitted to the bodies and officials who took part in the meeting of the committee.

4. Members of the committee who do not agree with the approved resolution may submit substantiation of their opinion in a written form, which shall be attached to the minutes of the meeting.

Article 59. Work of Subcommittees

1. Each subcommittee either by the committee’s commission or by its own initiative shall conduct meetings and hearings, during which draft legislative acts and other questions within its area of competence shall be considered. At the meeting of the committee, the Chair of the subcommittee shall inform the committee on the results of consideration of questions by the subcommittee at its meetings.

2. The subcommittee shall not conduct its meetings simultaneously with the meetings of committee without the consent of the Chair of the committee.

3. The Chair of the subcommittee shall compose the schedule of the committee meetings for every next month and coordinate it with the Chair of the committee.

4. Consideration of questions by the subcommittee shall be carried out at its meetings. Meetings of the subcommittees shall be conducted pursuant to norms and procedures foreseen for the committee meetings. Preparation of meetings shall be ensured by the Chair of the subcommittee.

5. Proceedings of the subcommittee shall not be taken down in shorthand. Resolutions of the subcommittee shall be regarded as recommendations for the committee.

6. All members of the committee, despite they are not members of the subcommittee, may be present at the meetings of any subcommittee and participate in consideration of questions with the right of advisory vote.

7. The activity of subcommittees shall be ensured by corresponding subdivisions of the secretariat or the staff of the committee.

Article 60. Committee working groups

1. Working groups may be established in order to prepare draft decisions and consider matters.

2. A working group may include members of the appropriate committee, the national deputies of Ukraine who are not members of this committee, upon their consent, VR staffers, researchers, experts and practical workers and sponsors of drafts.

3. A working group shall be headed by a national deputy of Ukraine, if he/she, on his/her own initiative, takes the responsibility for the results of his/her activities, or by the person appointed by the committee.

4. According to the decision of the appropriate committee, specialists may be involved in the work of working groups on a contractual basis and paid for the performed work within the limits of the committee estimate. Upon the petition of the committee Chairman, specialists employed may be released from their official duties or working responsibilities with the average pay at the main working place being preserved and its further compensation at the expense of the Verkhovna Rada according to the committee’s estimate.

Article 61. Scientific Examinations and Researches of Committees

1. With the purpose of comprehensive and objective consideration of draft laws, conduct of special studies and execution of oversight functions, committees may, within the limits of their estimates, order conducting of independent scientific expertise of the draft laws and materials submitted for their consideration.

2. Scientific institutions, research centers, individual advisers and experts may be involved in scientific examinations and researches on a contractual and competitive basis.

3. All the committee members shall be informed of the obtained expert conclusions and researches before the consideration of the question which they concern. At the request of committee members the authors of examinations and researches may be invited at their meetings in order to provide explanations as to the methods of studies performed, expert conclusions and outcomes of researches.

Article 62. Minutes of Committee Proceedings

1. Minutes and, if necessary, a shorthand report or tape recording shall be kept at every committee meeting.

2. Such minutes shall include:

1) number of minutes, date, time and place of the meeting to be held;

2) name of the presiding officer, list of the committee members present and absent at the meeting with a notice about the reasons of their absence, as well as the list of persons invited and present at the meeting;

3) agenda of the meeting;

4) considered issues of the agenda, list of participants in the meeting who made speeches;

5) names of the documents considered at the meeting and distributed to the committee members;

6) outcomes of the voting concerning the agenda, including those of the roll-call, if any;

7) decisions made.

3. The minutes shall be enclosed with a tape recording (if any), documents approved, dissenting views of the committee members who have voted against or abstained from voting.

4. The minutes of proceedings shall be signed by the committee chairman and the clerk or by those who perform their duties.

5. The minutes and the shorthand report of the proceedings shall be kept in conformity with the procedure established by law. One copy of the minutes along with the shorthand report, with the exception of minutes and shorthand reports of meetings held in camera, shall be deposited to the Verkhovna Rada library and shall be open to the general public.

6. The National deputies of Ukraine, at their request, shall be provided with other committee documentation for information purposes (reports on official trips, working schedules, reports on the funds used etc.), unless other procedure for getting committee documentation is established by the legislative acts of the Verkhovna Rada of Ukraine.

7. The minutes of proceedings shall constitute an official document.

Article 63. Information on Committee Activities

1. The information on work performed by each committee shall be distributed to the national deputies of Ukraine during the first week of every next session of the Verkhovna Rada of Ukraine. Such information shall include the following data: total number of meetings; number of issues considered; number and list of draft laws prepared and approved by the Verkhovna Rada of Ukraine with respect to which the committee has been recognized as the leading one; number and list of draft laws prepared and submitted for the Verkhovna Rada consideration but not yet considered with respect to which the committee has been recognized as the leading one; number of officials heard in the course of performing oversight functions, and other information related to the committee activities.

2. The information on work shall be prepared by the head of the secretariat. Such information shall be distributed being signed by the committee chairman and the clerk.

3. The information on current activities of the committee shall be posted up on information stands and covered by mass media through the press service of the Verkhovna Rada of Ukraine at the request made by the committee chairman.

Article 64. Business Trips of Committee Members

1. The committee members, on the instructions of the committee chairman, can make business trips related to activities of the appropriate committees.

2. In order for a decision on a business to be made, an application shall be submitted to the committee chairman which must contain the following data:

1) purpose and objective of the business trip;
2) period of the business trip;
3) itinerary of the trip and populated areas scheduled to be visited;
4) names and initials of the committee members and its secretariat’s staffers who will make a business trip;
5) source of logistical and financial support provided for the business trip.

3. After the business trip, the committee members and its secretariat’s staffers shall draw up a report for the committee chairman, including information on the results of their business trip, period of stay on such business trip, itineraries of travels, amounts of the budget funds spent. The committee chairman shall draw up his/her report and address it to the chairman of the Verkhovna Rada of Ukraine.

4. Trip reports shall be kept by the secretariat and made available to the national deputies of Ukraine for information purposes at their request.

5. Each national deputy of Ukraine shall have the right to get acquainted with the travel report of any committee chairman in the premises of the Verkhovna Rada staff.

CHAPTER V.

TEMPORARY SELECT AND TEMPORARY INVESTIGATIVE COMMISSIONS OF THE VERKHOVNA RADA OF UKRAINE. THEIR FUNCTIONS AND POWERS.

Article 65. Establishment of Temporary Select Commission

1. A temporary select commission shall be established by the Verkhovna Rada of Ukraine in order for it to draw up, preliminarily consider and finalize a draft law or prepare for Verkhovna Rada consideration another matter, if it can not be done by one of the committees of the Verkhovna Rada of Ukraine.

2. At least one national deputy from each deputy faction should be included in the commission. The personal membership of the commission shall be approved by a resolution of the Verkhovna Rada of Ukraine.

Article 66. Functional Orientation of Temporary Select Commission

A temporary select commission shall perform the function of a committee on those matters for preparation of which for the Verkhovna Rada consideration it has been established.

Article 67. Powers of Temporary Select Commission

1. A temporary select committee shall have the rights of a committee of the Verkhovna Rada of Ukraine.

2. A temporary select commission may conduct its meetings during plenary sessions of the Verkhovna Rada of Ukraine.

Article 68. Termination of Powers of Temporary Select Commission

1. A temporary select commission, within the period determined by the Verkhovna Rada of Ukraine, shall present to the Verkhovna Rada of Ukraine a written report on the work performed which shall be distributed to the national deputies of Ukraine.

2. After discussion of the outcomes of a temporary select commission’s work in committees of the Verkhovna Rada and on the floor, the Verkhovna Rada of Ukraine shall make its final decision on such outcomes or shall charge the commission to continue its work and determine a new term for it.

3. The powers of a temporary select commission shall terminate as from the moment where the Verkhovna Rada of Ukraine has made its final decision as to the outcomes of work of that commission or the moment where the Verkhovna Rada of Ukraine has passed and published officially an act for preparation of which it has been established, as well as in case of termination of the powers of the Verkhovna Rada of Ukraine which has established such commission.

Article 69. Establishment of Temporary Investigative Commission

1. A temporary investigative commission shall be established to conduct a parliamentary investigation concerning matters of public interest. The commission shall be established by a resolution of the Verkhovna Rada of Ukraine if at least one third of the constitutional composition of national deputies of Ukraine has voted for it.

2. The grounds for initiation of the establishment of an investigative commission may be the following:

1) reports on violations of the Constitution of Ukraine and other normative and legal acts by central bodies of the state power and their officials, as well as by local governments in matters of public interest;

2) reports on circumstances which threaten the sovereignty, territorial integrity of Ukraine, its political, economic, environmental and cultural interests;

3) reports on mass violation of rights and legal interests of citizens or abuse of authority by officials which have led to a significant prejudice to the interests of the State.

3. A temporary investigative commission shall be established under Article 50 of this Law.

4. The Chairman of a temporary investigative commission established to inquire into actions of bodies of the State executive power or officials of such bodies may not belong to the political party to which belong officials or leaders of bodies whose activities are subject to investigation by the commission, nor should they be in blood/kinship relations with them.

Article 70. Powers of Temporary Investigative Commission

1. The powers of a temporary investigative commission shall be defined in the Resolution on its establishment.

2. A temporary investigative commission shall act in conformity with laws of Ukraine and provisions made by this Law for the committees of the Verkhovna Rada of Ukraine.

3. In order to conduct investigation the temporary investigative commission shall have the right to:

1) require necessary information from State bodies of power, local governments, other institutions and organizations. Information which represents a State secret shall be furnished in accordance with law;

2) free access to the information and documents which bear a relation to the subject of investigation, obtain their copies;

3) require, even under threat of a coercive bringing according to the procedure established by law, appearance of witnesses for developing testimony, as well as provision of necessary documents, materials, evidence.

4) take explanations from any persons involved in the case;

5) charge the appropriate bodies of the Prosecutor’s Office of Ukraine, Ministry of Internal Affairs and Security Service of Ukraine to conduct operational and investigative activities;

6) turn for help to and obtain it from all public authorities and officials;

7) employ services of officers of the Prosecutor’s Office of Ukraine, Ministry of Internal Affairs and Security Service of Ukraine, auditing authorities, experts of the Accounting Chamber, scientific consultants and advisors to the Verkhovna Rada of Ukraine;

8) free entry to institutions, organizations and enterprises of all kinds of ownership in order to clear up matters related to the subject of investigation.

Article 71. Duties of Temporary Investigative Commission

A temporary investigative commission shall be bound to:

1) keep minutes and tape its meetings;

2) record all information and documentation received by the commission in the course of investigation, as well as have copies of outgoing documents;

3) carry out collection of information, materials and documents, which can serve as evidence in the investigated case, perform their examination in order to establish the truth;

4) on the basis of an all-round analysis of the examined facts, draw inferences and make proposals and introduce them for consideration at the plenary session of the Verkhovna Rada of Ukraine;

5) report, at the session of the Verkhovna Rada of Ukraine, on the course and outcomes of investigation in accordance with the determined task;

6) pass to archives of the Verkhovna Rada all materials of its meetings, as well as the materials of investigations together with conclusions and proposals;

7) indemnify witnesses for the expenses they have incurred due to being called as witnesses to give testimony, in conformity with law.

Article 72. Chairman of Temporary Investigating Commission

The organization of work of the commission shall be ensured by its chairman who shall:

1) plan the commission work, organize fulfillment of the plan and perform submissions and addresses to appropriate organizations;

2) ensure work of commission members, secretariat consultants and experts, coordinate their activities;

3) preside over the commission meetings, sign documents and the minutes of meetings;

4) inform the commission members of official documents, letters received by the commission;

5) maintain contacts with appropriate public bodies, local governments, their officials and other entities and figures which/who bear a relation to the case under investigation;

6) ensure examination of materials of a parliamentary investigation and preparation of conclusions and proposals;

7) exercise control over the conformity of the commission members with the norms of the Code of Criminal Procedure of Ukraine when obtaining and examining documents;

8) in the event that national deputies of Ukraine avoid systematically from the performance of their duties of members of the temporary investigative commission, inform of this fact heads of their factions and the chairman of the Verkhovna Rada;

9) authorize calling witnesses to conduct their interrogation;

10) raise before the leadership of the Verkhovna Rada of Ukraine the question of appointing another commission member instead of the quitting member.

Article 73. Peculiarities of Work of Temporary Investigative Commissions

1. Temporary investigative commissions shall have the status of committees, including the powers invested by the Verkhovna Rada of Ukraine.

2. Temporary investigative commissions shall examine witnesses, sift evidence, appoint interrogations, investigative experiments etc. in conformity with norms of the procedural legislation, use all lawful means to receive evidence.

3. At the request of temporary investigative commissions, law-enforcement bodies shall be obliged to organize compulsory appearance of persons who have to be interrogated by the commission and evade the responsibility to appear before the meeting.

4. On an individual basis, security bodies shall ensure protection of the commission members at the request of the commission, in order to prevent from influencing the commission members.

5. Discussion of decisions and actions of officials under investigation shall be held in their absence.

6. In compliance with article 111 of the Constitution of Ukraine, a prosecutor and investigators shall be included in the temporary investigative commission in order to carry out investigation with regard to perpetration of a high treason or other crime by the President of Ukraine.

7. The temporary investigative commission shall state the outcomes of investigation in a written conclusion which must include:

1) information on facts and circumstances that have become the grounds for investigation;

2) facts, established by the commission, and evidence corroborating these facts; 3) facts that have not been confirmed

4) facts that have not been verified and the causes of it.

8. Conclusions and proposals of temporary investigative commissions shall not be decisive for investigative agencies and courts.

Article 74. Termination of Work of Temporary Investigative Commission

1) After the completion of parliamentary investigation, the temporary investigative commission shall draw up motivated conclusions and proposals, and shall forward them to the chairman of the Verkhovna Rada of Ukraine, and, on his/her instructions, shall report them at a plenary session of the Verkhovna Rada of Ukraine.

2. The powers of a temporary investigative commission shall terminate with the adoption by the Verkhovna Rada of Ukraine of its final decision as to the outcomes of the commission work, as well as in case of termination of powers of the Verkhovna Rada which has established such commission.

Article 75. Responses to Conclusion of Temporary Investigative Commission

After consideration of the temporary investigative commission’s report, the Verkhovna Rada of Ukraine shall:

1) approve the conclusions and proposals of the temporary investigative commission or return them for further elaboration;

2) if required, forward the conclusions and proposals of the temporary investigative commission to the Prosecutor’s Office of Ukraine for their examination and obtaining an appropriate response;

3) forward the conclusions of the temporary investigative commission to the President of Ukraine and Prime Minister of Ukraine;

4) make the decision to promulgate the commission conclusions through the newspaper “Holos Ukrainy” (Voice of Ukraine) and other mass media, or to prepare an appropriate statement.

Article 76. Vote-Tallying Commission

1. A Vote-Tallying Commission shall be created to organize conduct of votings and determination of their results.

2. The National deputies whose candidacies have been included in secret ballots may not be members of the Commission.

Article 77. Functions and Powers of Vote-Tallying Commission

1. In order to organize votings and determine their results, the Vote-Tallying Commission shall:

1) count votes during open votings or, on the instructions of the officer presiding over a meeting of the Verkhovna Rada of Ukraine, or, in the event that the electronic system for counting votes is disconnected, determine how mane national deputies of Ukraine are present at the meeting and the results of voting.

2) exercise control over manufacture and receipt of ballots for secret votings.

3) determine time, place and procedure for holding a ballot voting and announce them to the national deputies of Ukraine at a plenary session of the Verkhovna Rada of Ukraine;

4) before the beginning of a secret ballot, check the availability of polling booths (premises), verify and seal ballot boxes and ensure all necessary conditions for keeping secrecy of the ballot.

5) Powers of the Vote-Tallying Commission shall be deemed terminated as from the moment when the Verkhovna Rada of Ukraine has made its final decision on the results of votings for organization of which it has been established. The procedure for conducting votings shall be determined by the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine.”

CHAPTER VI.

DECISIONS, CONCLUSIONS AND RECOMMENDATIONS OF COMMITTEES AND COMMISSIONS

Article 78. General Requirements for Decisions, Conclusions and Recommendations of Committees and Commissions

1. The committees and commissions, after having considered matters which fall within their jurisdiction, shall take decisions, draw and make recommendations, which are to be drafted according to the requirements prescribed by this Law and the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine.”

2. A decision, conclusion or recommendation shall include:

1) a declamatory part which, in a laconic form, shall state the substance of the matter with respect to which a decision is taken, a conclusion is drawn or a recommendation is made;

2) an operative part which shall formulate a concise content of concrete instructions or recommendations. If necessary, time limits shall be fixed and officials shall be designated responsible for their implementation.

3. Decisions and conclusions may be of binding or recommending nature. The decisions on matters concerning the internal organization of committee and commission work shall be of binding nature for committee and commission members and for the staff of the Verkhovna Rada of Ukraine, and on matters related to consideration of bills and oversight activities – of recommending nature.

4. Decisions, conclusions or recommendations shall be passed by a majority vote of the committee or commission members who have taken part in the consideration (discussion) of such matter.

Article 79. Committee Conclusion on Preliminary Consideration of a Draft Law

1. Committee conclusions on draft laws and drafts of other acts introduced for consideration by the Verkhovna Rada of Ukraine by holders of right to initiate legislation must include:

1) substantiation of the expediency of its elaboration or passage;

2) general description of issues the solution of which shall be furthered by the passage of the given draft law;

3) financial and economic justification in case when the implementation of a draft law requires material expenses;

4) proposals to establish a new budget item concerning an increase or decrease in budget revenues or expenditures, or relating to taxation;

2. If a decision is taken to recommit a draft law for its further elaboration in view of its non-conformity with requirements of the Constitution of Ukraine or prematurely of its consideration, the conclusion should include a brief information on the grounds of such decision.

Article 80. Committee Conclusion on Candidacies for Official Positions

1. A committee conclusion on election, appointment or confirmation by the Verkhovna Rada of Ukraine of candidacies for official positions must include:

1) clearly stated committee’s point of view on approval or objection of the candidacy for the official position;

2) substantiation and reasons for adoption of such decision;

3) conclusions of the board of experts and committee as to the level of skills and education of the candidacy for the official position;

4) list of documents concerning the official that the committee has considered according to the current legislation;

5) list of documents that the committee has needed additionally in order to get acquainted with the professional career of the candidacy for the position.

Article 81. Committee Conclusion and Recommendation on Supervision and Oversight

1. A committee conclusion on supervision and oversight over the activities of bodies of State executive power or their officials must include concrete references to articles of legislative acts of Ukraine which provide for the regulations violated or improperly executed by such a body or official with the indication of facts that confirm it, as well as recommendations as to the ways and means designed to eliminate disclosed deficiencies, and the opportunities to make other organizational arrangements.

2. In case a motion is received or stated to express no-confidence to an official and to remove him/her from his/her office, the committee is obliged to incorporate such motion into its conclusion and prepare a draft of an appropriate document, if this matter falls within the competence of the Verkhovna Rada of Ukraine.

3. The decision shall be brought to the notice of appropriate bodies and officials.

Article 82. Decision of Temporary Investigative Commission

1. A decision of a temporary investigative commission based on the results of investigation should include:

1) information on facts and circumstances which have constituted the grounds for investigation;

2) facts, established by the commission and evidence confirming them;

3) facts that have not been confirmed;

4) facts that have not been verified and the reasons for this.

2. Decisions of temporary investigative commissions shall not be decisive for investigating agencies and courts.

Article 83. Promulgation of Committee Decisions, Conclusions and Recommendations

1. All decisions taken, conclusions drawn and recommendations made by a committee shall be subject to promulgation according to the procedure determined by the Law of Ukraine “On the Rules of the Verkhovna Rada of Ukraine.”

2. If a draft legislative act is published, the information enclosed should contain all the bill’s drafters, authors of its structural parts, as well as those who have initiated it.

CHAPTER VII.

RESPONSIBILITY FOR INFRINGEMENT OF THE LAW OF UKRAINE “ON THE COMMITTEES AND COMMISSIONS OF THE VERKHOVNA RADA OF UKRAINE”

Article 84. Obligation of Implementation of Committee Requirements and Decisions

1. All public authorities, local governments, directors of institutions, organizations and enterprises, as well as of civic associations, officials or individual citizens shall be bound to carry out legitimate requirements and decisions of committees.

2. Persons invited to attend committee meetings shall be bound to come at them in a timely manner with documents and materials necessary to committees. If such persons are not able to be present at meetings because of unforeseen circumstances, they shall be obliged to inform an appropriate committee thereof and send another competent person to the meeting.

3. Committee recommendations shall be subject to obligatory consideration by the State executive bodies, local governments, directors of institutions, organizations, enterprises irrespective of the form of their ownership and subordination, as well as by civic associations. The appropriate bodies should inform the committee of the results of consideration by the date fixed.

Article 85. Disciplinary Responsibility

Officials who evade carrying out legitimate requirements of the committees and commissions of the Verkhovna Rada of Ukraine, do not react to committee requests, nor attend their meetings, may be brought to disciplinary responsibility based on the committee or commission submission.

Article 86. Administrative Responsibility

Persons who infringe maliciously the legislation on committees of the Verkhovna Rada of Ukraine, evade systematically carrying out legitimate requirements of the committees and commissions, submit information or documents which do not correspond to the facts, may be brought to administrative responsibility in the form of a penalty, if these actions do not contain elements of crime that require criminal responsibility.

Article 87. Criminal Responsibility

Influence used on the committee and commission members with the purpose to prevent the exercise of their powers, as well as pressure exerted on members of investigative commissions, shall entail criminal responsibility in the form of deprivation of liberty, in compliance with the Criminal Code of Ukraine.

Chapter VIII. Final Provisions

1. Be the Law of Ukraine “On the Committees of the Verkhovna Rada of Ukraine” brought into force, except for Articles 7 and 8, as from January 1 1997.

2. Be Articles 7 and 8 brought into force, as from the day of beginning of the first session of the 15th Verkhovna Rada of Ukraine.

3. The committees of the 14th Verkhovna Rada of Ukraine, elected in 1998, shall retain their names and powers until the expiration of the term of office of the Verkhovna Rada of Ukraine.

EXPLANATORY NOTE TO THE DRAFT LAW “ON THE COMMITTEES AND COMMISSIONS OF THE VERKHOVNA RADA OF UKRAINE”

The draft law in question has been worked out to implement the provisions of Article 89 of the Constitution of Ukraine which stipulates that “the organization and order of activities of the committees of the Verkhovna Rada of Ukraine, its temporary select and temporary investigative commissions shall be established by law.”

The draft law takes into account both international and Ukrainian experience of functioning of parliamentary committees.

Background

The draft law on the commissions (at that time the Constitution of Ukraine as of 1978 was in force and the term “committees” was not in use) of the Verkhovna Rada of Ukraine was considered as far back as in 1993. Unfortunately, the then incumbent Verkhovna Rada could not pass this draft law in that it was considered after it made decision to terminate its powers ahead of schedule, and deputies turned the discussion of the draft law into a dispute over what principle should be followed in forming commissions – regional or fractional one!?

The absence of such basic law on committees and commissions led to the situation that the 13th Verkhovna Rada faced immediately the problem of formation of standing commissions, establishment of their number, designation of names, numerical composition etc.

One would think that this is quite enough to pass the law on the committees of the 13th Verkhovna Rada, especially after enactment of the new Constitution of Ukraine. But during the consideration of the draft law on committees and commissions at the last session of the 13th Verkhovna Rada of Ukraine it was not passed once again, first of all for two reasons:

• the draft law provided for a decrease in number of committees up to 15, which many deputies regarded as an attempt upon their offices;
• this draft law made provisions to form committees on a fractional basis, and the distribution of offices of committee chairs should be carried out among factions according to proportional principle, which appeared unacceptable to the largest factions, since both the left and the right were convinced that just their faction in the next parliament would have the majority and be able to form the parliament and committee leadership on their own.

The time showed that such arguments of those opposed to the legislative basis for the activities of the VR committees and commissions proved to be erroneous owing to which already the third Ukrainian parliament works without a law explicitly provided for by the Constitution.

Peculiarities of the Draft Law

Working on the draft law, the authors proceeded from the assumption that it should be a law drawn up in a sufficiently detailed manner, which must regulate the main principles of forming committees, exactly principles, because, there is no doubt that determination of fractional quotas or procedure of voting will be spelled out in the Rules.

An interesting novelty of this draft law is also an attempt to determine an optimal number of parliamentary committees so that their quantity be not too large because it leads unwarrantedly only to an increase in leading positions and reduces considerably the efficiency of use of the potential of the Verkhovna Rada staff, since when there is a great number of committees their real work load as law-making bodies is extremely uneven. The number of committees fixed by the draft law is just sufficient to cover all spheres of legislation and not to result in a too great number of members in each committee which also will not contribute to the efficiency of work.

An important element that has to regulate the issue of placing a draft law within the jurisdiction of one or other agency should be embodied in the rule concerning the functional orientation of committees and the procedure of resolving disputes among committees as to which of them has the jurisdiction over a draft law, if it is not clearly defined which committee has such jurisdiction over it.

In order to prevent unweighed changes which is the case when, for instance, changes to criminal legislation are initiated by the committee on economic policy, this draft law defines the sphere of the so-called “special competence” of committees. Such form stipulates that individual draft laws, in conformity with the sphere of “special competence” defined by law, irrespective of the initiator of such a law, are obligatorily subject to consideration by the subject-matter committee and without its conclusion may not be considered by the parliament.

A fundamental provision of this draft law which requires a separate commentary consists in the attempt to give an impetus to the introduction of parliamentary hearings in committees. Committee hearings in the parliaments of democratic countries turned into one of the most important element of parliamentary oversight which promotes substantially the authority of the parliament within the society. Therefore, the problem of hearings in this draft law is covered by articles which were drawn up in the fullest detail.

On the whole, the draft law is mainly focused on the increase of the role of committees and commissions and giving them opportunities to really become working bodies of the parliament, when most issues are resolved in committees and not at plenary sessions.

In contradistinction to the draft laws prepared by the previous parliaments, in this draft law more attention is paid to temporary select and temporary investigative commissions. The principle that temporary commissions act in accordance with the norms of law intended for the committees, with some peculiarities to be defined by the Verkhovna Rada when it establishes them, is taken here for the basic one.

The efficient activities of committees are impossible without professional staff within the committee secretariat and academic and research support of the law-making activities. We suggest in this draft law a model where, on the one hand, the committee chair has enough powers and autonomy to influence the formation of the committee staff, but, on the other hand, the committee staff is a component of the Verkhovna Rada staff which has to ensure certain stability and protection of its officials and employees from an excessive governance on the part of the committee chair.

An attempt to provide for possible responsibility of officials for violations of this law is an interesting approach in this draft law.

Conclusion

The draft law is extremely necessary, is consistent with the Constitution of Ukraine, and it is proposed to pass it as soon as possible. However, individual articles relating to the number of committees, procedure for their formation and competencies should be brought into force from the first day of the meetings of the 15th Verkhovna Rada of Ukraine. This will allow not to draw the current parliament into an additional shake-up and to provide the already established committees with the legislative basis for the exercise of their powers.

The law does not need additional financial expenses.

11.24.98