In the light of recent events in Ukraine, it would be logical to assume that Shmyhal will be dismissed from his post of prime minister. There were even rumors about it, and smoke without fire, it would seem, does not happen. But deputy Yaroslav Zheleznyak believes that Shmygal's release is impossible.
Here is what he writes in his article:
I am forced to admit that my colleague Fedir Venislavskyi was right in his statement that the law on martial law prohibits the dismissal of the Cabinet of Ministers of Ukraine.
Let me recall this absent 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 the powers of state authorities and other state bodies under martial law". She says that:
"During martial law, the powers of the Cabinet of Ministers of Ukraine cannot be terminated." Remember this phrase "termination of authority" - 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 takes office."
And in fact, our dispute was on the plane: when the prime minister/CMU is dismissed, is this "termination of powers"? Does the continuity of power work? And here the law or the regulation of the Council does not give an answer except for ... an accidental norm that precisely puts everything in its place.
Do you remember when I wrote that when the Cabinet of Ministers is changed, all draft laws from it are automatically withdrawn? So this happens on the basis of two laws:
1. Law of Ukraine on the Cabinet of Ministers, Art. 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 changes in the government: whether it was Yatsenyuk to Groysman, or in this convocation Honcharuk to Shmygal, that is exactly what happened. That is, every time in a similar situation it was a termination of powers.
Therefore, yes, the dismissal of the prime minister and the election of 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 that is why colleague Venislavskyi is right: in order to replace Shmyhal, the authorities must either change the law of Ukraine on martial law... or break it. Other creative options are not possible for the reasons described above.
PS But when did that stop anyone…
