The Press Service of The Verkhovna Rada of Ukraine once again notified the procedure for implementation of The Law of Ukraine ‘On Interim Inquiry Panels, The Ad Hoc Inquiry Panel and Interim Panels of The Verkhovna Rada of Ukraine´, and ‘On Amendments to Article 20 of The Law of Ukraine ‘On the Status of the People´s Deputy´, in response to publications in several media.
The Bill No.6450, ‘On the Temporary Inquiry Panels and Temporary Ad Hoc Panels of The Verkhovna Rada of Ukraine´, of 23 December 2004 has been passed several times by Parliament, but vetoed by The President of Ukraine (first passed on 19 January 2006 by Parliament of the 4th Convocation, and for the final time vetoed on 18 May 2006). On 22 March 2007, The Verkhovna Rada of Ukraine passed a Resolution revoking the decision taken by Parliament on 16 March 2006 (the latest decision of the adoption of this Law with inclusion of The President´s proposals), and it was withdrawn from further discussion and consideration.
On the same day (22 March 2007), The Verkhovna Rada of Ukraine passed a Law of Ukraine ‘On Interim Inquiry Panels, The Ad Hoc Interim Inquiry Panel and Interim Panels of The Verkhovna Rada of Ukraine (Bill No. 2815), to which The President of Ukraine also used his right of veto.
Thus, the Constitutional Law adoption procedure has not been completed with regard to the Law of Ukraine ‘On Interim Inquiry Panels, The Ad Hoc Interim Inquiry Panel and Interim Panels of The Verkhovna Rada of Ukraine´ passed by Parliament on 22 March 2007.
The next matter, The Law ‘On the Status of the People´s Deputy of Ukraine´ was passed by The Verkhovna Rada of Ukraine on 24 February 2006.
On 17 March 2006, The President of Ukraine vetoed this Law, moving for its revocation. The Verkhovna Rada of Ukraine overrode the veto with 307 votes of the People´s Deputies on 4 April 2006, and on 7 April 2006 the Law was forwarded to The President of Ukraine for approval.
However, on 12 April 2006, The President returned the Law unsigned, stating that through this The President of Ukraine permits The Chairman of The Verkhovna Rada of Ukraine ‘to use his Right as provided in Clause 94, Part Four, of The Constitution of Ukraine, i.e. officially publicise this Law and publish it with his signature´.
On 18 May 2006, The Chairman of The Verkhovna Rada of Ukraine forwarded a letter to The President of Ukraine, in which, referring to Clause 94 of The Constitution of Ukraine, again requested him to sign and officially publicise the said Law. Replying to the above Letter, The President of Ukraine advised The Chairman of The Verkhovna Rada of Ukraine that he had commissioned the urgent preparation of Bills on those matters dealt with in the said Law, and these would shortly be submitted to The Verkhovna Rada of Ukraine ( Letter of 20 May 2006).
However, The Chairman of The Verkhovna Rada of Ukraine of the 4th Convocation, Volodymyr Lytvyn, and The Chairman of The Verkhovna Rada of the 5th Convocation, Olexander Moroz, both refused to publicise the Law, and therefore it has never been published with the signature of The Chairman of The Verkhovna Rada of Ukraine.
It is known that on 9 October 2007 The Constitutional Court of Ukraine issued an Official interpretation of Article 94, Part Four, of The Constitution of Ukraine, stating that in the event that the preceding Chairman of The Verkhovna Rada of Ukraine had not acted as listed below, The Chairman of The Verkhovna Rada of Ukraine, acting on the day of this Decision, should without further delay officially publicise and publish the Law, passed by Parliament of the corresponding Convocation by at least two-thirds of its Constitutional Membership during its second consideration, however not signed nor publicized by The President of Ukraine within the stated ten days.
Hence, the signing of the Law, passed by The Verkhovna Rada of Ukraine of the 4th Convocation, by The Chairman of the Verkhovna Rada of the 6th Convocation, is not possible by virtue of Clause 88 of The Constitution of Ukraine, according to which The Verkhovna Rada of Ukraine of each current Convocation elects the Chairman of The Verkhovna Rada, who shall then sign the Acts passed by it.
Also, the entry into force of this Law as of 1 January 2007, should it be published in December 2007, would be in direct conflict with Article 94 of The Constitution of Ukraine.