Lawmakers take first step to lift immunity of deputies, judges and president

October20200920:59

The bill was overwhelmingly supported by 390 out of 438 lawmakers present in VR, including 171 from Regions, 150 from BYT, 19 from NUNS, 27 from the Communist party, 19 from Lytvyn bloc and 4 independent lawmakers.

Under the bill, lawmakers’ immunity from prosecution will be lifted. However, they won’t bear any legal responsibility for their declarations in VR or the results of their voting.

Under the bill, a lawmaker cannot be detained or arrested without VR consent before coming into force of a court ruling convicting him. Currently, a lawmaker cannot be prosecuted criminally without the consent of VR.

The bill also cancels a provision in the constitution whereby the president has immunity during the term of his office, same as a provision imposing criminal liability for infringement on the honor and dignity of the head of state.

The bill provides that the president cannot be detained or arrested without the consent of VR before a court decision convicting him comes into force.

Under the bill, the president’s authority is terminated when a court ruling convicting him comes into force.

Although the text of the bill has no reference to lifting the immunity of judges, one of its authors, Oleksandr Lavrynovych, reassured that the bill also refers to judges.

Simultaneously, VR voted down another bill canceling the immunity of lawmakers and retaining the immunity of a president and judges. This bill got only 206 votes in support.

• 02:3027.10.09 RADA PORTAL
• • In accordance with the new law, a Ukrainian MP cannot without the approval of the Ukrainian Parliament “be detained or arrested prior to a guilty verdict adopted by a court regarding him coming into effect”. While prior to adoption of this law the president of Ukraine could be brought to account via the procedure of impeachment, the newly-adopted law states that the powers of the president will be cancelled ahead of time in case of a court convicting the president.
• 02:2627.10.09 Oleksandr Lavrynovych
• • Oleksandr Lavrynovych: In Ukrainian Country there must be no Citizen to have Exception in the Laws of Ukraine Implementation
    
    (Press Service of the First Vice-Chairman of The Verkhovna Rada of Ukraine)
    
    It was declared by the Oleksandr Lavrynovych, the First Vice-Chairman of the Verkhovna Rada of Ukraine form the tribune of the Parliament during the morning sitting, representing the Bill №3251 "The Bill on Amendments to the constitution of Ukraine (re the Immunity Granting for certain officials)." The Bill envisages the withdrawal of the immunity not only from the People´s Deputies but from the President as well.
    
    "The Bill (№3251) is aimed first of all at the equal law for everyone. In Ukrainian Country there must be no citizen to have exception in the Laws of Ukraine implementation", - O. Lavrynovych stressed.
    
    According to him, irrespective of what position the citizen occupies, President of Ukraine or People´s Deputy of Ukraine or working in the Ukrainian court, - requirements and obligations of the Ukrainian laws are compulsory for everyone."
    
    Representing the Bill №3251 O. Lavrynovych explained is norms: "All the high-ranking officials having obligations before the People of Ukraine in the name of the state should be excused only from the being arrested". He specified that: "These people might be arrested under the condition when their guilt is proved and there is accusative judgment, otherwise in case of the necessity that is observed from the course of the investigation. Due to these facts the People´s Deputy, the Judge of Ukraine or the President of Ukraine might be arrested until the sentence is passed after the Verkhovna Rada agreement."
    
    390 People´s Deputies upheld the adjusting of the Bill №3251 "Bill on Amendments to the Constitution of Ukraine (re the Guarantee of Immunity for certain Officials)" to the agenda and its further direction to the Constitutional Court.
• 06:3921.10.09 UkrToday
• • The proposed Constitutional reform is in line with proposals that were made back in 2007 but rejected by Yushchenko.
    They bring Ukraine inline with other western democracies.
    The President is the only person who has absolute immunity, under the new provisions the President will also be subject to the rule of law of Ukraine as will judges.
    Under Yushchenko's proposed constitutional reforms Judges and the president retained immunity.
    This issue has been misrepresented on many occasions as not one member of parliament has been denied removal of immunity by the parliament when requested.
    It is normal parliamentary practice to present a foreshadowed motion which is then considered in the event that the substantive motion is defeated.
    The proposal to just remove immunity form the Parliament, whilst leaving the president and judges immunity in tact received only 206 votes. In it;s place the new resolution received 390 votes representing a constitutional majority of the parliament.
    The proposed amnedments will now be forwarded to the constitutional court for review and will be represent to the parliament for approval in accordance with Ukraine's constitution in February 2010.
    
    
    The new provisions are reasonable.