Chairperson of the Subcommittee on bodies of community self-organization, local elections and other forms of direct democracy O. Boiko during the discussion said that the draft law No. 2030a, by definition of the subject of the legislative initiative right, offers a number of amendments to the Laws of Ukraine "On the Election of Deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, local councils and village, town and city council chairmen," "On service in local self-government" and "On local self-government in Ukraine" to set the grounds for termination of service in local self-government bodies of a deputy, village, town and city council chairman in the case of foreign state citizenship, and the grounds for refusal of registration and election as a deputy, village, town, and city council chairman.
This draft law, as mentioned by the authors in the explanatory note, was elaborated to enhance the level of national security and preserve the sovereignty of Ukraine, to prevent the influence of foreign states on domestic and foreign policy of Ukraine, and to protect state secret.
Subcommittee Chairwoman also informed that having analyzed the draft law the Central Scientific Experts Office of the Verkhovna Rada of Ukraine made a number of remarks to it, relating first of all to non-compliance of certain proposed provisions with the Constitution of Ukraine.
The Central Scientific Experts Office points to solving the problem of dual citizenship in the Law of Ukraine "On Citizenship of Ukraine." However, termination of citizenship, including as a result of its loss, according to current legislation is already a basis for early termination of the powers of a village, town and city council chairman (Item 2, Section 1 of Article 79 of the Law of Ukraine "On local self-government in Ukraine") and a violation of the conditions for fulfillment of the right to serve in local self-government bodies, which is a ground for termination of the service in them (Section 1 of Article 5, Paragraph 3, Section 1 of Article 20 of the Law of Ukraine "On service in local self-government bodies"). The Office believes that the draft law should be returned to the corresponding subject of the legislative initiative right for revision.
Deputy Director of the Center of Professional Development and Legal Assistance under the All-Ukrainian Association of local self-government bodies "Association of Cities of Ukraine" V. Kravchenko said that in the summary to the draft law the Association focuses on noncompliance of the provisions of the draft law with constitutional requirements and standards of the current legislation of Ukraine. In particular, he noted that discrimination of citizens of Ukraine on the basis of having another country citizenship contradicts the principle of equality guaranteed by Article 25 of the Constitution of Ukraine.
Thus, the legal substance of Ukraine’s citizenship, the grounds and procedure of its acquiring and termination, etc. are clearly defined by the Law of Ukraine "On Citizenship of Ukraine." The Association of Cities of Ukraine at the same time drew attention to the fact that the draft law proposed amendments to the Law of Ukraine "On the Election of Deputies of the Parliament of the Autonomous Republic of Crimea, local councils and village, town and city council chairmen," which had already expired and therefore the restrictions proposed by the authors require making amendments to the current Law of Ukraine "On Local Elections." The Association believes advisable to return the draft law to the subject of the legislative initiative right for revision.