Experts and members of parliament criticize the planned replacement of Ukraine’s prime minister as potentially illegal

Experts and members of parliament criticize the planned replacement of Ukraine’s prime minister as potentially illegal

Amidst the announced replacement of the Prime Minister of Ukraine this week, several experts and members of parliament are expressing concerns about the legality of such a move.

According to Article 10 of the Martial Law Act, it is prohibited to terminate the powers of the Cabinet of Ministers and its head during martial law.

Meanwhile, the authorities seem to be trying to circumvent this norm by referring to other legislative acts. Member of Parliament Dmytro Mykysha ("Servant of the People") pointed out that according to Article 115 of the Constitution and Article 17 of the Law on the Cabinet of Ministers, the government continues to exercise its powers in the event of resignation until a new Cabinet of Ministers begins its work. Thus, formally their powers are not terminated.

According to reports, on Wednesday, they plan to dismiss Prime Minister Denys Shmyhal and some ministers, and on Thursday – to appoint a new Prime Minister in the person of Olga Svyrydenko and a new composition of the Cabinet.

At the same time, according to the Constitution, the candidate for Prime Minister must be submitted by the ruling coalition, which currently is the "Servant of the People" mono-majority. However, the initiator of the replacement of the Prime Minister was President Volodymyr Zelenskyy, which already raises questions about the adherence to the procedure.