Why the Prime Minister of Ukraine is not being replaced: the head of the Government is breaking records in office
25 November 2024 16:15
The possibility of personnel changes in the Cabinet of Ministers is discussed from time to time in Ukraine’s political environment. Rumors about the resignation of Prime Minister Denys Shmyhal have been circulating since the beginning of his term, and this summer they were again fueled by sources in government circles, saying that the President is “tired” of the current prime minister. What are the claims made against Shmyhal by experts and politicians? And is it really impossible to dismiss the head of the government, as stated by MP Venislavsky, as we will find out in the article
Passivity and lack of strategic actions in time of war. These are the main arguments for criticizing Denys Shmyhal, voiced by Taras Zahorodniy, Managing Partner of the National Anti-Crisis Group, in an exclusive commentary for
“Let’s be honest: I don’t see that Mr. Shmyhal was straining in any way. It seems that for him the war in the country does not exist at all. His main task is to get loans instead of making money and stimulating the economy. I’m not even talking about the military home front. There are movements, but they are insufficient,” said Taras Zahorodnyi.
Among the main shortcomings in Shmyhal’s work, Zahorodnyi noted the lack of proper support for the defense industry. According to him, Ukraine needs to take more serious action on:
- lending to defense companies;
- ensuring secrecy to attract foreign investors;
- liberalization of exports of defense industry products to generate additional budget revenues.
“This would allow not only to earn money, but also to provide the army with domestic weapons,” Zahorodniy emphasized.
The expert is convinced that Ukraine needs new approaches to process management.
There are rumors of resignation, but the Servant of the People party is against it
Denys Shmyhal on the rumors of a possible change of Prime Minister in an exclusive commentary
“Rumors about a possible replacement for Shmyhal appeared shortly after his appointment. And they periodically return to the information space. But I see no signs that this issue is really close to being resolved,” Mazurashu said.
Mazurashu drew attention to the fact that personnel changes in the government should be well justified. In his opinion, a replacement is possible if there are serious complaints about the work of the official or if he or she is not fit for the position.
“Is it time for changes in the government? On the one hand, “horses don’t change hands at the crossing”. On the other hand, if there are justified complaints and serious problems in the work of a government official, or it is obvious that someone is “out of place,” I think anyone can and should be replaced. But only with obviously better ones,” emphasized Mazurashu.
The politician also suggested a possible format for cooperation between the government and the opposition. According to him, in the current difficult period for the country, it would be advisable to consider options for involving opposition politicians in leadership positions in the government, but subject to a professional approach.
“Probably, the opposition forces would like changes in the government the most. Especially if we were talking about creating a “government of unity” or something similar. In principle, it could be a useful step to attract strong specialists from among the opposition or on their suggestions to the leading positions in the Cabinet. But these should be not just politically expedient appointments, but really professional and decent specialists,” Mazurashu added.
the “Servant of the People” also emphasized that any political ambitions, PR or internal conflicts should be put aside in the current situation, calling on the people to unite.
The Speaker of the Verkhovna Rada , Ruslan Stefanchuk, recently succinctly denied all rumors, saying that Shmyhal is the best Prime Minister in the history of Ukraine.
“He is a technocrat and heads a technocratic government. I believe that both before and after the full-scale invasion, he was always on the spot, he is, in a good sense, a workaholic in his field and has a very deep understanding of the processes that exist in the state,” Ruslan Stefanchuk
Opposition reaction to the government’s work
Yes, the ideas of involving the opposition in the government or changing the prime minister appear against the backdrop of the challenges facing the country. However, for example, the Batkivshchyna party refused to comment on the topic of Denys Shmyhal’s possible resignation. According to Ivan Krulko, it makes no sense.
“The opposition has no influence on such decisions, so I see no point in commenting on rumors,” Ivan Krulko said in an exclusive comment to KU.
MP Oleksiy Honcharenko in a comment for
“Information about the possible replacement of Denys Shmyhal appears from time to time, but now we hear nothing about it. If we talk about the effectiveness of the government, it’s a nightmare,” said Goncharenko.
According to Mr. Goncharenko, the government does not always fulfill its duties promptly. In particular, he criticized delays in the preparation of regulations necessary for the full implementation of laws.
“After the laws are passed, the government takes several months to prepare some regulations. Because of this, the laws cannot work properly. This critically undermines trust in public administration,” emphasized Oleksiy Honcharenko.
At the same time, Mr. Goncharenko noted that there are some positive developments in the work of the Cabinet of Ministers. For example, government officials have recently begun to attend Verkhovna Rada sessions more often to answer MPs’ questions.
“For two years, we did not hear the Cabinet of Ministers in the Rada at all – there was complete silence. Now the situation is changing, and this is a positive signal,” Goncharenko summarized.
What does the law say?
The Prime Minister of Ukraine Denys Shmyhal cannot resign during martial law because of the legal ban on dismissing the Cabinet of Ministers during this period. This was previously stated by a member of the Servant of the People parliamentary faction, Fedir Venislavskyi. The MP explained that according to Article 10 of the law “On the legal regime of martial law,” the dismissal of the entire government is impossible until the end of martial law.
“Until the war is over, there are no mechanisms for a complete renewal of the Cabinet of Ministers headed by the Prime Minister without amending the legislation,” emphasized Venislavsky.
, lawyer Ihor Feshchenko notes that the Constitution of Ukraine and the Law of Ukraine “On the Cabinet of Ministers of Ukraine” oblige the Government to terminate its powers in case of resignation of the Prime Minister of Ukraine, his death, adoption of a resolution of no confidence by the Parliament, or election of a new composition of the Verkhovna Rada.
“Since the dismissal of the Prime Minister will automatically entail the resignation of the entire Government, it is impossible to replace the current head of the Cabinet of Ministers, Denys Shmyhal, in accordance with Article 10 of the Law of Ukraine “On the Legal Regime of Martial Law” until the end or lifting of martial law,” says Igor Feshchenko.
However, according to the lawyer, despite the ban on the termination of the Government’s powers during martial law, it will be possible to use “workarounds” to dismiss the Prime Minister without changing the Law of Ukraine “On the Legal Regime of Martial Law”. And the pro-government offices are aware of this.
“We can use the Constitution of Ukraine as an act of higher legal force than the law. The Basic Law obliges the current government to resign if the Prime Minister is dismissed, and no law can be an obstacle to this,” says Ihor Feshchenko.
As an example, the lawyer cites the appointment of Dmytro Lubinets as Human Rights Commissioner on July 1, 2022, and the resignation of Lyudmyla Denisova, despite the existing prohibition in the Law of Ukraine “On the Legal Regime of Martial Law” to terminate the powers of the Human Rights Commissioner during a special period.
“Another option is a logical replacement of the interpretation of the concepts in Article 10 of the Law of Ukraine “On the Legal Regime of Martial Law” from “termination of powers” to “liquidation”, since the Law prohibits the termination of powers during martial law of the Cabinet of Ministers, courts, prosecutors, and pre-trial investigation. Probably, the main purpose of this article is to prohibit the artificial complete termination of the activities of these bodies, but not the usual personnel replacement. Moreover, the article does not exclude the occurrence of an objective situation in the form of a person’s death,” explains Igor Feshchenko.
Regarding this option of resignation, the lawyer recalls the tragedy that happened to former Interior Minister Denys Monastyrsky.
Who can take the place of Prime Minister Shmyhal
Taras Zagorodnyi named several possible candidates who, in his opinion, could replace Shmyhal. He says there is no need to look for completely new faces.
“There are people in the government who are quite capable of replacing him. For example, Yulia Svyrydenko, the current Minister of Economy. Her ideology of localization of production, creation of industrial parks and development of industry are in line with current realities. Oleksiy Chernyshov, the head of Naftogaz, is also suitable – there are no scandals around him. Mikhail Fedorov also demonstrates activity and a desire to change something. These three are strong enough candidates,” Zagorodny emphasized.
The expert also warned against repeating mistakes, noting that government work is primarily about serving the public interest, not pursuing private goals.
“We must have professional officials for whom working in the government and state agencies is a vocation. People who understand what the public interest is and work for it,” summarized Zahorodniy.
So, if there are certain loopholes, the final decision to replace the Prime Minister of Ukraine Denys Shmyhal today is up to the authorities.
Author – Anastasia Fedor
