Procedure for appointing the chairmen of the Antimonopoly Committee and the State Property Fund of Ukraine: conflicts in legislation and ways to resolve them

Abstract

The article studies the procedure for appointing the chairmen of the Antimonopoly Committee and the State Property Fund of Ukraine. It is emphasized that nowadays there are many administrative procedures. One of them is the procedure for appointing the heads of central executive bodies in particular heads of CEBs with special status. This procedure is enshrined by the current legislation of Ukraine, namely the Constitution of Ukraine, the General Law of Ukraine "On Central Executive Bodies", special laws of Ukraine "On the Antimonopoly Committee of Ukraine", "On the State Property Fund of Ukraine" and others. To date, some of these procedures do not comply with the Constitution of Ukraine; there are conflicts; the relevant laws of Ukraine are not harmonized with the Basic Law of Ukraine.
 The article generalises the provisions of the Constitution of Ukraine, the Law of Ukraine "On Central Executive Bodies", the Law "On the Antimonopoly Committee of Ukraine", the Law "On the State Property Fund of Ukraine", bylaws and practice for their application to the procedure for appointing the chairman of the Antimonopoly Committee of Ukraine as well as the chairman of the State Property Fund of Ukraine. 
 The attention is drawn to the conflicts in the legislation on these issues. It is established that in practice the appointment of the chairmen of the Antimonopoly Committee of Ukraine and the State Property Fund of Ukraine occurs not within the procedure provided by the special law "On the Antimonopoly Committee of Ukraine" and "On the State Property Fund of Ukraine", but within the law on central executive bodies and the Constitution of Ukraine, which is stated in the relevant Resolutions of the Verkhovna Rada of Ukraine on the appointment of the chairmen of these executive bodies with special status.
 The conclusion is made that there are two absolutely opposite administrative procedures for the appointment of the chairmen of the Antimonopoly Committee of Ukraine and the State Property Fund of Ukraine: the first one is provided by the Constitution of Ukraine, Laws of Ukraine "On the Cabinet of Ministers of Ukraine" and "On Central Executive Bodies"; the second one is provided by the special laws of Ukraine "On the Antimonopoly Committee of Ukraine" and "On the State Property Fund of Ukraine". These procedures contradict each other.
 As a result of the study, it is proposed to harmonize the provisions of the Law of Ukraine "On the Antimonopoly Committee of Ukraine" and the Law of Ukraine "On the State Property Fund of Ukraine" with the Constitution of Ukraine, decisions of the Constitutional Court of Ukraine, recommendations of international experts; to amend Article 9 of the Law of Ukraine "On the Antimonopoly Committee of Ukraine" and Article 7 of the Law of Ukraine "On the State Property Fund of Ukraine", enshrining in them the norms according to which the Chairman of the Antimonopoly Committee of Ukraine and the Chairman of the State Property Fund of Ukraine are appointed by the Verkhovna Rada of Ukraine on the proposal of the Prime Minister of Ukraine. In this case, the administrative procedure for appointing the chairmen of these central executive bodies with special status will be the same in all regulatory legal acts of Ukraine, and the norms of these laws will comply with the norms of the Constitution of Ukraine.