On August 5, 2016, a regular meeting of the DPR People’s Council’s interim commission for establishing interaction between the legislative and executive branches of government took place.
Members of the interim commission together with workgroup members of the Council of Ministers on control of execution of the People’s Council’s legal acts by executive bodies discussed topical issues of bringing laws of the Donetsk People’s Republic into compliance with a number of normative legal acts of executive bodies.
The Chairman of the interim commission Alexander Kurenkov stressed the importance of effective interaction between the People’s Council and the Council of Ministers of the DPR and emphasized the need for collaboration in the implementation of the basic constitutional provisions and laws of the Republic.
“One of the main objectives of our interim commission is that in practice there have to be no non-working laws. It happens when there is no mechanism and procedure of implementation of byelaws or in cases when in normative legal acts of the executive authority the regulations contradicting the Constitution of the DPR and current laws are laid,” Alexander Kurenkov noted.
Also, a report on the need to resolve the question of the publication of normative legal acts on the official website was made by the deputy of the People’s Council, the Chairman of the Committee on Constitutional Legislation and State Building Vladimir Bidyovka.
“The norms of the Law of the People’s Republic of Donetsk d/d August 7, 2015, “On normative legal acts” provide that the date of official publication (promulgation) of the normative legal act shall be the date of first publication of its full text in an official publication on the law-making body’s official website. That is, the normative legal acts adopted by the People’s Council are published on the official website of the People’s Council of the DPR; regulations adopted by the Ministry of Internal Affairs are published on the official website of the Ministry of Internal Affairs, and so on. Thus there is a need to be aligned with this law of a number of the Council of Ministers of the Donetsk People’s Republic regulations concerning the official website,” the parliamentarian said.
The representative of the Central Office of the Donetsk People’s Republic Council of Ministers Maxim Bulavin made a report on the work carried out by the permanent workgroup on monitoring of the legislative acts’ implementation of the People’s Council, established by the order of acting Chief of Staff of the Council of Ministers of the Donetsk People’s Republic d/d 27.01.2016 №13 by executive bodies.
“At present, the analysis of 142 laws of the People’s Council of the Donetsk People’s Republic which have come into force and 13 legal acts of the Supreme Council of the Donetsk People’s Republic, which implies that 90 legal acts provide the mandatory adoption by the Donetsk People’s Republic Council of Ministers of 736 byelaws among which 78 have already been adopted. A comprehensive list of byelaws necessary for development and acceptance which is distributed among field-specific republican executive bodies,” Maxim Bulavin reported.
The representative of the Head of the Donetsk People’s Republic in the People’s Council Svetlana Egorova stressed the importance of adopting of byelaws for the proper functioning of legal framework in the state.
“It is necessary to ensure practical application of legal acts. And without the byelaws adopted for the execution of a law, some provisions of the law, and sometimes the whole law in general, is impossible to implement,” said Svetlana Egorova.
The deputy of the People’s Council, the member of the committee on the civil, penal, arbitral and procedural legislation Alexey Zhigulin read the statement for need of understanding and observance of hierarchy of normative legal acts, and also prevention of contradictions between laws and byelaws.
“We need to resolve the question of bringing into compliance with the current legislation of the Donetsk People’s Republic Council of Ministers Decree d/d 28.08.2014 №31-2 and the Order of the Council of Ministers d/d 08.08.2014 №34. In violation of articles 15, 39, 40 and 41 of the Constitution of the Donetsk People’s Republic, these documents set extrajudicial procedure of arrest and detention, extrajudicial procedure for appealing against the detention, arrest and detention, as well as does not provide the right to a detainee to be tried in their presence, and with the participation of the defense, which violates the right to judicial protection and to qualified legal assistance,” Alexey Zhigulin said.
The representative of the Donetsk People’s Republic of the Council of Ministers Anastasia Kovalenko delivered a report about the problematic issues that arise when considering the appeals of deputies. In particular, the lack of legal regulation regarding the extension of their consideration was pointed out.
Summing up the meeting, the members of the interim commission decided to resolve the issues of parliamentary hours with obligatory presence of the invited ministers, as well as providing recommendations to the Donetsk People’s Republic Council of Ministers with regard to bringing the subordinate legislation into compliance with the Constitution of the Donetsk People’s Republic and the laws of the Donetsk People’s Republic.