Now there are no provisions in the Constitution that people’s deputies are guaranteed parliamentary immunity and they cannot be prosecuted, detained or arrested without the consent of the Verkhovna Rada.
The Constitutional Court of Ukraine recognized as constitutional the law on the abolition of parliamentary immunity .
This was reported by the Communications Department of the Constitutional Court of Ukraine and Legal Monitoring.
The report notes that today, at a plenary session, the Grand Chamber of the Constitutional Court of Ukraine adopted a decision on the case on constitutional control of amendments to the Constitution of Ukraine, which have entered into force, on the constitutional submission of 50 people’s deputies of Ukraine regarding the compliance with the Constitution of Ukraine (constitutionality) of the law of Ukraine “On introducing amendments to Article 80 of the Constitution of Ukraine (regarding the immunity of people’s deputies of Ukraine)”.
50 people’s deputies who submitted the submission insisted that the law was unconstitutional, believing that it was adopted in violation of the constitutional procedure.
The CCU came to the conclusion that the constitutional procedure for considering, adopting and enacting the law was not violated, the Constitutional Court of Ukraine found the contested law to be in conformity with the Constitution of Ukraine.
The judge-rapporteur in this case is Viktor Krivenko.
It is noted that the text of the decision and its summary will be published on the official website of the Constitutional Court on November 2, 2022.
Cancellation of parliamentary immunity
As UNIAN reported, on September 11, 2019, President of Ukraine Volodymyr Zelensky signed the law “On Amendments to Article 80 of the Constitution of Ukraine regarding the Immunity of People’s Deputies of Ukraine” (No. 27-IX), adopted by the Verkhovna Rada on September 3 .
According to the law, Article 80 of the Constitution is reworded, which does not contain provisions that people’s deputies are guaranteed parliamentary immunity and they cannot be prosecuted, detained or arrested without the consent of the Verkhovna Rada.
At the same time, according to the new wording of Article 80, people’s deputies do not bear legal responsibility for the results of voting or for statements in parliament and its bodies, with the exception of liability for insult or slander.
It was the majority of deputies of the Opposition Platform – For Life faction, which is now banned in Ukraine, that then applied to the Constitutional Court to declare this law unconstitutional.