Review Dossier on the Incompatibility of the Member of Parliament’s Mandate with the Office of a Member of the Government

Abstract. The Review Dossier examines the issue of incompatibility between a Member of Parliament’s mandate and the office of a member of the government. It analyses constitutional provisions, legislative norms, and decisions of the Constitutional Court of Ukraine that define the limits of compatibility and the mechanisms for early termination of powers. The dossier also highlights the position of the Venice Commission regarding the need to further specify the criteria of incompatibility and to enshrine them at the constitutional level. In addition, it reviews draft laws aimed at permitting the concurrent holding of a parliamentary mandate and a government office, as well as debates within the expert community concerning their constitutionality. The dossier further summarises approaches adopted in various states, illustrating two models governing the compatibility or incompatibility of a parliamentary mandate with the office of a member of the government.

Keywords:  Member of Parliament’s mandate, office of a member of the government, principle of separation of powers, principle of incompatibility.

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05/2026