THE ACTIVITIES OF TEMPORARY INVESTIGATIVE COMMISSIONS IN THE UKRAINIAN PARLIAMENTARY CONTROL SYSTEM: PROBLEMS OF LEGAL REGULATION

Abstract

This article identifies and analyzes legal issues related to the functioning of temporary investigative commissions (TІC) within Ukraine’s parliamentary control system. The study emphasizes the fundamental importance of these commissions as powerful tool for holding government structures accountable and promoting transparency, especially under martial law when the effectiveness of parliamentary control is critical to national security and fighting corruption. It is demonstrated that despite the lengthy and complex process of establishing legislative regulations for temporary investigative commissions, Ukraine has established the constitutional and legislative foundations necessary for parliamentary investigative institutions to function. However, a number of systemic shortcomings and gaps have been identified that reduce the commissions’ effectiveness, efficiency, and authority. These include the absence of clear criteria for determining “issues of public interest”, which leads to politicization and subjectivity in their creation; problems obtaining information and documents from officials, as well as formal responses; and the absence of Verkhovna Rada approval of TІC reports and unified preparation requirements, which leads to fragmented, formal documents. Particular attention is given to the lack of direct legal binding force of the TІC’s conclusions for authorities and officials, which makes the conclusions predominantly declarative and devoid of real implementation mechanisms. It has been substantiated that an additional problem is the lack of effective post-control tools for the implementation of the TІC’s recommendations, which limits the parliament’s ability to ensure the implementation of investigation findings. It is concluded that there is an urgent need to significantly improve legislative acts, primarily the Law of Ukraine “On Temporary Investigative Commissions and Temporary Special Commissions of the Verkhovna Rada of Ukraine”. This improvement is necessary to enhance the effectiveness of parliamentary control and strengthen the democratic foundations of the state. These results will serve as a foundation for further research and the development of specific measures to improve legal regulation in this area.