In light of recent events in Ukraine, it would be logical to assume that Shmyhal will be dismissed from his post as Prime Minister. There have even been rumors about this, and it would seem that there is no smoke without fire. But MP Yaroslav Zheleznyak believes that Shmyhal's dismissal is impossible.
Here is what he writes in his article:
I have to admit that my colleague Fedir Venislavsky was right in his assertion that the law on martial law prohibits the dismissal of the Cabinet of Ministers of Ukraine.
Let me remind you of this correspondence discussion. A colleague opened the Law “On the Legal Regime of Martial Law” and found there the current Article No. 10 “Inadmissibility of Termination of Powers of State Authorities and Other State Bodies in Conditions of Martial Law.” It says that:
“During the period of martial law, the powers of the Cabinet of Ministers of Ukraine cannot be terminated.” Remember this phrase “termination of powers” – it will be decisive.
I, in turn, referred to the Constitution of Ukraine and, in particular, to Article 115, which states that “the Cabinet of Ministers of Ukraine, whose resignation has been accepted by the Verkhovna Rada of Ukraine, continues to exercise its powers until the newly formed government begins its work.”.
And in fact, our dispute was on the plane: when the prime minister/CMU is dismissed, is this a "termination of powers"? Does continuity of power apply? And here the law or the Council's regulations do not provide an answer except... an accidental norm that precisely puts everything in its place.
Remember, I wrote that when the Cabinet of Ministers is changed, all draft laws are automatically withdrawn from it? So this happens on the basis of two laws:
1. Law of Ukraine on the Cabinet of Ministers, Article 27.
2. Law of Ukraine on Regulations, Article 105.
But here is the main thing: both there and there, this withdrawal of the previous government's draft laws occurs precisely because of the "termination of powers." And if we look at the history of recent government changes: whether it was Yatsenyuk to Groysman, or in this convocation, Honcharuk to Shmyhal, then this is exactly what happened. That is, every time in a similar situation it was a termination of powers.
Therefore, yes, dismissing the prime minister and electing a new government is “termination of the powers of the CMU.” That is, it is now expressly prohibited by Article 10 of the law on martial law.
And therefore, my colleague Venislavsky is right: to replace Shmyhal, the authorities must now either change the law of Ukraine on martial law... or violate it. Other creative options are impossible for the reasons described above.
PS But if that stopped anyone..
