The constitutional court of Ukraine recognized the draft law №1027 President Vladimir Zelensky on deprivation of deputies of the mandate for absenteeism and knopkodavstvo unconstitutional. This is stated in the conclusions of the court about the bill, published on 26 December on the website of KSU.
In conclusion, the constitutional court notes that not personal vote distorts the essence of democracy and therefore the attempt to establish responsibility for it “can be considered as having a legitimate aim”. However, the formula proposed in the presidential draft law does not meet the principles of proportionality, and may result in limitation of rights and freedoms MPs.
KSU also criticized provision of the bill, according to which MP may be deprived of the mandate, if it is not part of the faction of the party, from which he was elected or came out of it.
The court noted that, according to the conclusions of the Venice Commission, members of Parliament are representatives of the people and not their parties. In addition the Constitution sets out the principles of pluralistic democracy: the Deputy represents the whole nation as a whole and in its activities is guided by the Agency as a member of Parliament (non-mandatory mandate).
In addition, the CCU declared unconstitutional the paragraph of the bill which proposed to deprive of the Deputy mandate in case of absence without valid reasons at the third plenary session.
“The constitutional court of Ukraine believes that the proposed requirement is not proportionate to the aim pursued, the nature of sanctions should match the severity of the offense. In addition, the bill applied the concept of “without reasonable excuse” is an estimate that does not meet the criteria of clarity, certainty, as required by legal certainty is a component of the rule of law,” – said in court.
About opinion of the constitutional court the bill No. 1027 is not in line with articles 157 and 158 of the Constitution of Ukraine. In article 157 States that the law “cannot be changed, if the changes involve the abolition or limitation of the rights and freedoms of man and citizen, or if they are directed on liquidation of independence or violation of territorial integrity of Ukraine”.
Article 158 establishes that “the draft law on amendments to the Constitution of Ukraine, which was considered by the Verkhovna Rada of Ukraine and the law was not adopted, may be submitted to the Verkhovna Rada of Ukraine not earlier than one year from the date of the decision on this bill. The Verkhovna Rada of Ukraine during their term of office, may not modify twice the same provisions of the Constitution.”
On 3 September the deputies of the Verkhovna Rada has made to the session’s agenda a draft law, according to which deputies can deprive of the mandate for the admission of more than 33% of the meetings and the court the fact of not personal vote. This decision the deputies also sent the bill to the constitutional Court of Ukraine to obtain a conclusion about its compliance with the Basic law of Ukraine.
Zelensky introduced bill No. 1027 to Parliament on August 29. On June 21 he was submitted to the Verkhovna Rada the bill No. 10394 “On amendments to some legislative acts of Ukraine regarding ensuring the personal voting of people’s deputies”. It was proposed to penalize MPs for the future. August 29 this document was withdrawn.
The bill proposing amendments to the Constitution must gain 226 votes, then to the positive conclusion of the constitutional Court. Only then is a final approval, which is necessary 300 votes of people’s deputies.
First Vice-speaker of the Verkhovna Rada Ruslan Stefanchuk said that the parliamentary faction of “servant of the people” a total of 465 has prepared amendments to the Constitution.
December 26, the President’s representative in KSU Fedor Venislavskiy reported that the CCU declared unconstitutional bill No. 1027 Zelensky on additional grounds for early termination of powers of people’s Deputy.