(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.

Source Rada Ukraine web site

V. Kyrylenko has pointed out the attention on the fact that the bill suggested by O. Lavrynovych had not undergone any Constitutional Court Procedure.

S. Mishchenko, the Chairman of the committee on Legal Policy informed on the decisions regarding both bills. Regarding the Bill ?1375 S. Mishchenko declared that for the adoption of the bill as a basis the Deputies need now 226 votes. During the next session in February, for the adoption of the mentioned bill 300 votes would be required, consequently the Bill would not come into force immediately.

S. Mishchenko declared that the Committee recommends that the Verkhovna Rada of Ukraine should direct the Bill, introduced by O. Lavrynovych for the Constitutional Court resolution.

AS a result of the voting the Bill (Reg.?3251) is directed to the Constitutional Court of Ukraine and the Bill (Reg.?1375) is withdrawn from the voting.

The Verkhovna Rada of Ukraine has adopted the Law “On Moratorium on the Price and Tariff Increase on the Medicines and Medical Use Production” by 242 votes.

The People´s Deputies have scrutinized amendments to several Laws of Ukraine

Source RADA plenary Session 20 October, 2009

The Bill (Reg.?3251) envisages exclusion from the article 80 the first part according to which the people’s Deputies are provided. The article 105 of the Constitution of Ukraine is also expected to be excluded according to which the right on immunity possesses the President of Ukraine. The same concerns the part two and three that impalement the responsibility for the encroachment upon the President´s dignity. Also it is envisaged that the President of Ukraine is not to be detained or arrested before the Verkhovna Rada agreement until the court judgment concerning him comes into force.

Consequently the immunity rates are implemented at the same level as for the President of Ukraine and for the People´s Deputy of Ukraine. Suggested part three of the article 8 and part two of the article 105 represents the norm of the part three of the article 126 of the Constitution of Ukraine that introduce the rates of the judgment immunity.

Both proposals required the law to be held over until the next regular session of the parliament, schenduled to start on February 2010.

The first proposal did not have the required constitutional 2/3rds majority support. It was supported only by 206 votes

It also failed to address concerns related to Presidential and Judges immunity in addition issues related to limitation of defamation action for statements made in the course of parliamentary debate.

Under the provision of Ukraine’s Constitution constitutional amendments can only be made once per term of office.

The second proposal is more comprehensive in that it address a number of issues that the first does not. It also has the support of a constitutional majority (over 300 members)

The revised proposal will be re-presented for adoption in February 2010, most likely prior to the second Presidential ballot.

It removes immunity for criminal liability

(It also needs to be noted that cancellation of a MP’s immunity has never been refused by the parliament when requested – This is not a real issue of significant concern as members of can and have been parliament and judges have been subjected to prosecution)