1. I want to emphasize once again: there are no positions such as “Acting Minister of Defense of Ukraine” or “Acting Head of the Security Service of Ukraine.” These are conditions, not statuses. They are dynamic, not static.
2. There are positions for Deputy Ministers of Defense of Ukraine and Deputy Heads of the Security Service of Ukraine.
3. In the absence of any minister, their duties are performed by the first deputy, and if there is none, by the deputy. Deputy ministers are appointed and dismissed based on point 9-2 of Article 116 of the Constitution of Ukraine by the Cabinet of Ministers of Ukraine upon the Prime Minister’s submission.
4. In the Law of Ukraine “On the Security Service of Ukraine” (Article 13), dating back to Yanukovych’s times, there is an unconstitutional provision that the President independently “appoints and dismisses the Head of the SBU and his deputies” (!). These provisions blatantly contradict point 12-1 of part one of Article 85 and point 14 of part one of Article 106 of the Constitution of Ukraine, as the Head of the SBU is appointed and dismissed by the Verkhovna Rada of Ukraine upon the President’s submission.
5. The President has constitutionally defined powers that cannot be expanded by laws or other legal acts. He does not have constitutional powers regarding personnel matters concerning the Deputy Heads of the SBU.
6. Indeed, according to point 17 of part one of Article 106 of the Constitution of Ukraine, the President appoints and dismisses the top command of the Armed Forces and other military formations. However, the SBU has a different status according to Article 1 of its profile Law – “a state body of special purpose with law enforcement functions that ensures the state security of Ukraine.” The Law does not define the SBU as a military formation! Therefore, the President cannot appoint the Deputy Heads of the SBU. By doing so, he exceeds his constitutional powers.
7. Parliament must urgently align the Law “On the Security Service of Ukraine” with the Constitution of Ukraine, particularly regarding personnel matters.
The legislator must decide who appoints and dismisses the Deputy Heads of the SBU. Possible options: 1) Cabinet of Ministers; 2) The Head of the SBU independently or with the consent of the Prime Minister of Ukraine.
