New bill on lifting parliamentary immunity challenged in Constitutional Court
Authors of the appeal believe that the bill passed the Rada in violation of the constitutional procedure. Photo from UNIAN
The Constitutional Court of Ukraine received a submission to verify constitutionality of Law “On Amendments to Article 80 of the Constitution of Ukraine (regarding the immunity of people’s deputies of Ukraine)”. The appeal, received January 31, was submitted by a group of 50 people’s deputies of Ukraine, the CCU press service reports. The MPs request that the Court declare the law unconstitutional.
Authors of the appeal believe that the bill passed the Rada in violation of the constitutional procedure and that and the parliament, having adopted the law, breached the rule of law and failed to act in the manner prescribed by the Constitution and laws of Ukraine.
The submission was signed by 43 members of the Opposition Platform – for Life parliamentary faction, as well as four members of the Dovira group, and three of the Za Maybutnie parliamentary group members.
As UNIAN reported earlier, the bill, adopted December 18, introduces amendments to the Criminal Procedure Code of Ukraine lifting parliamentary immunity off of Ukrainian MPs.
The bill provides that a motion seeking permission to detain, choose preventive measure in the form of detention or house arrest, search, violation of confidentiality of correspondence, phone conversations, telegraph and other correspondence, as well as the application of other measures, including secret investigative (search) actions that, in accordance with the law, restrict the rights and freedoms of a Ukrainian lawmaker, the consideration of which is referred to the authority of an investigating judge, must be supported by the prosecutor general (or acting prosecutor general). Such motions shall be considered by the investigating judge of the court of appeals within the territorial jurisdiction of a pretrial investigation agency, while criminal proceedings on crimes under the jurisdiction of the High Anti-Corruption Court (HACC) shall be considered by the HACC investigating judge. At the same time, taken decisions can be appealed.
The bill also introduces amendments to the law on the status of a Ukrainian Member of Parliament, which provides for specifics of the legal liability of a lawmaker.
They stipulate a lawmaker is not legally liable for the results of voting or statements in parliament and its bodies, with the exception of liability for insult or defamation (the relevant norm is provided by the Constitution of Ukraine).