The capacity of legal services of government bodies: why it matters
Posted: Tue Jun 17, 2025 8:59 am
The correct application and strict observance of the law today during war is the basis of trust in institutions, a request from Ukraine's citizens and partners.
No decision (draft order or other act submitted for signature by the head) can be adopted in a state body without approval from the legal service (legal advisor). At least, such conditions are contained in the General Provision on the Legal Service special database of a Ministry, Other Executive Body, State Enterprise, Institution and Organization, approved by a Government Resolution 16 years ago, which is currently in force.
Relevance of the issue
Under martial law, the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, other state authorities and local self-government bodies act exclusively on the basis, within the limits of their powers and in the manner determined by the Constitution and laws of Ukraine (Article 9 of the Law of Ukraine “On the Legal Regime of Martial Law”).
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Ensuring the fulfillment of this obligation is taken care of daily by employees of legal departments, who must have sufficient capacity to prepare and submit their proposals with conclusions on the correct application of legislation or the elimination of violations. Such violations may depend on a number of factors, such as the intention of the subject of authority to make a desired decision in advance, or due to arbitrary / erroneous / uneven application of legislation, corruption risks, etc. The conclusions must be taken into account, otherwise the meaning of providing them disappears.
No decision (draft order or other act submitted for signature by the head) can be adopted in a state body without approval from the legal service (legal advisor). At least, such conditions are contained in the General Provision on the Legal Service special database of a Ministry, Other Executive Body, State Enterprise, Institution and Organization, approved by a Government Resolution 16 years ago, which is currently in force.
Relevance of the issue
Under martial law, the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, other state authorities and local self-government bodies act exclusively on the basis, within the limits of their powers and in the manner determined by the Constitution and laws of Ukraine (Article 9 of the Law of Ukraine “On the Legal Regime of Martial Law”).
Read also
We earn our money when we sell the business. Interview with the co-owner of the Dairy Alliance
Format competition. Will e-commerce and convenience stores displace large supermarkets?
Billion-dollar losses, transit restoration and port digitalization. Interview with the head of the USPA
Ensuring the fulfillment of this obligation is taken care of daily by employees of legal departments, who must have sufficient capacity to prepare and submit their proposals with conclusions on the correct application of legislation or the elimination of violations. Such violations may depend on a number of factors, such as the intention of the subject of authority to make a desired decision in advance, or due to arbitrary / erroneous / uneven application of legislation, corruption risks, etc. The conclusions must be taken into account, otherwise the meaning of providing them disappears.