Yushchenko suspends Government Resolution on migration matters
President Yushchenko has suspended the Cabinet of Ministers Resolution on some aspects involving State management in the area of migration policy and at the same time made a submission to the Constitutional Court regarding the constitutionality of the document passed by the Government.
“With the said act, in order to optimize the system of management of migration matters, the Cabinet of Ministers has placed in the hands of the Ministry of Internal Affairs the function of specially authorized central body on migration matters within the limits set out in legislation on refugees. This is to coordinate the activities of central executive bodies in implementing State migration policy until the legislative designation in the course of one year of the relevant central executive body (Item 1).
Item 3 places temporary refugee accommodation facilities under the management of the MIA, and offices of the migration service in the Crimea, the regions, Kyiv and Sevastopol, created in accordance with Cabinet of Ministers Resolution No. 700 from 27 May 2004 within the State Department of the Migration Service.
The Presidents Decree outlines in detail why it is asserted that the said Resolution is in breach of the Constitution. Various articles of the Constitution are cited including 92 § 1.10 which states that only laws shall stipulate the principles for regulating migration processes, as well as the law on the overall structure and numbers of the Ministry of Internal Affairs. Through the changes indicated in Item 3 above, the Cabinet of Ministers Resolution will, the President states, lead to a change in the overall number of employees of the Ministry of Internal Affairs. Any such changes must be made by law, not through a Cabinet of Ministers resolution which constitutes subordinate legislation.
The decree in full, together with the constitutional submission, is posted on the Presidents official website: www.president.gov.ua