Political Points for 20 – 26 February 2018
Political Points of the Centre of Policy and Legal Reform include a weekly expert analysis of the most important processes in Ukraine in areas of constitutionalism, political parties and elections, governance and public administration reform, judiciary, combatting corruption, criminal justice, etc.
If you want to receive expert Points for the last week of the current month every Tuesday by mail, please send an e-mail to media@pravo.org.ua
The courts are unable to deal with the cases from NABU and SAP in a prompt manner
1. CPLR expert opinion
At present, the courts are unable to deal promptly with the cases submitted by NABU and SAP. This situation is due to several reasons: the courts’ overload with cases, non-appearance of participants in the proceedings, disqualification of judges, inability to form a panel of judges, etc.
2. Respective authorities counter-point/argument
According to NABU press office, the Specialized Anti-corruption Prosecutor’s Office sent to court 116 indictments. However, 44 of them have not been brought under legal proceedings yet. NABU insists on the urgent establishment of a Specialized Anti-Corruption Court in Ukraine, which will be able to finalize the NABU cases.
3. CPLR assessment of the authorities counter-point
NABU’s opinion regarding the necessity of establishing a Higher Anti-Corruption Court is in line with CPLR’s opinion.
4. Related legislation/instructions which require the authorities act in a certain manner
Paragraph 16 of the Final and Transitional Provisions of the Law “On the Judicial system and the Status of Judges”, paragraph 2, part 2 of Art. 31 of the Law “On the Judicial system and the Status of Judges”, Art. 2 of the CPC, Art. 21 of the CPC.
5. CPLR expert suggestions on how to fix the problem using the legal instruments available in Ukraine
Without the creation of a Higher Anti-Corruption Court, it will be extremely difficult to resolve the issue with the promptness of considering the cases in which the pre-trial investigation is being conducted by NABU.
Conclusion on the draft Law of Ukraine “On the Election of People’s Deputies of Ukraine” No. 7366
1. CPLR expert opinion
On December 6, 2017, the draft Law on the Election of People’s Deputies (Majority System) No. 7366 (MP Barna and others) was registered. The vast majority of people’s deputies who initiated the draft Law were elected in single-member constituencies. The very fact of registration of this draft Law raises many questions, as it indicates to the non-compliance with the provisions of Part 4 of Article 100 of the Rules of Procedure of the Verkhovna Rada of Ukraine, according to which alternative drafts can not be registered in relation to a draft Law adopted in the first reading.
In accordance with the requirements of the Rules of Procedure of the Verkhovna Rada of Ukraine, after the registration of the main draft Law, members of parliament may register alternative drafts within two weeks. At the same time, it is important to note in the context of the registration of this particular draft Law that in the case of revoking and re-submitting the draft Law for consideration by the Parliament within the two-week term, the period for the introduction of alternative draft Laws is not interrupted. That is why the last day for submission of alternative drafts to the Draft Law No.7366 (even if it was revoked and re-submitted) was December 20, 2017.
In this case, on December 8, 2017, the Draft Law No. 7366 was withdrawn, but on December 19, the day before the deadline for submission of alternative draft laws, it was re-submitted to the Verkhovna Rada signed by 30 MPs from “Petro Poroshenko Bloc “Solidarity”, “People’s Front”, “Radical party of Oleh Lyashko” and non-affiliated people’s deputies, a significant part of whom was elected in the 2014 elections in single-member constituencies. Due to the withdrawal of the draft Law and its re-submission in 10 days, specifically on December 19, the rest of the people’s deputies of Ukraine had only one day to submit alternative draft laws.
2. Respective authorities counter-point/argument
None.
3. CPLR assessment of the authorities counter-point
Part 3 of Article 1 of the draft Law of Ukraine “On the Election of People’s Deputies of Ukraine” No. 7366 (hereinafter – the draft) determines that the election of deputies is carried out in accordance with the majority system based on simple majority in 450 single-member constituencies (hereinafter – single-member constituencies).
The very idea of introducing a majority system with simple majority in single-member constituencies can not be supported for several reasons.
Due to the aggression of the Russian Federation, Ukraine does not control the territory of the Autonomous Republic of Crimea and parts of Donetsk and Luhansk oblasts. In these territories, constituencies, district and precinct election commissions can not actually be formed, as well as agitation, voting and counting of votes can not take place. As of February 2018, 27 deputies from 225 majority constituencies have not been elected. Since the authors of the draft are proposing to form 450 constituencies, in the next convocation of the Verkhovna Rada, from 50 to 55 seats may be vacant, which will significantly complicate efficient operation of the Parliament, first of all, adoption of the laws.
In Ukrainian conditions, the majority system with simple majority encourages the bribing of voters during the elections, and subsequently, the development of political corruption in the inter-election period.
For the Expert Opinion of the CPLR on the draft Law on the Election of People’s Deputies (Majority System) No. 7366, see the link.
4. Related legislation/instructions which require the authorities act in a certain manner
Introduction of a majority system contradicts the Coalition Agreement and the Plan of Legislative Support to Reforms in Ukraine.
5. CPLR expert suggestions on how to fix the problem using the legal instruments available in Ukraine
The Verkhovna Rada of Ukraine, in view of its preliminary commitments, should reject the draft Law on the Election of People’s Deputies (Majority System) No. 7366 (MP Barna and others).