AN EXTRAORDINARY SESSION OF THE VERKHOVNA RADA OF UKRAINE OF THE SIXTH CONVOCATION ON 28 JANUARY 2010
In the beginning of the plenary meeting, Volodymyr Lytvyn, Chairman of The Verkhovna Rada of Ukraine, informed about the initiatives of 164 People´s Deputies of Ukraine-members of the Party of Regions Deputy Faction and 151 People´s Deputies of Ukraine-members of the Yulia Tymoshenko Bloc Faction concerning convocation of the extraordinary session of The Verkhovna Rada of Ukraine.
"Having held the consultations, I passed the resolution to convene an extraordinary session of The Verkhovna Rada of Ukraine today, on 28 January 2010", - the Chair stated and declared the extraordinary session open.
The State Anthem of Ukraine was performed at the session hall.
V.Lytvyn informed about the demand of the BYuT and "Our Ukraine-People´s Self-Defence" Factions to announce a recess to hold a Conciliative Council.
The Chair read out the agenda of the extraordinary session including the following issues:
1) on Observance of the Constitution and the Laws of Ukraine by the Leaders of the Ministry of Internal Affairs of Ukraine during the Presidential Elections in Ukraine in 2010;
2) the Bill on Amendments to the Law "On Elections of the President of Ukraine" (re Organization of Work of the Election Commissions) (Reg. No. 6004);
3) the Bill on Amendments to the Law "On Elections of the President of Ukraine" (re Prevention of Distortion of Public Will) (Reg. No. 5509);
4) the Draft Resolution "On setting up a Temporary Inquiry Panel of The Verkhovna Rada of Ukraine to investigate Legitimacy of Lease of "Mezhyhiria" Governmental Residence to V.F.Yanukovych" (Reg. No. 5354).
After the recess, the Chair briefed on the results of the Conciliative Council dedicated to the scrutiny of agenda. He gave floor to the initiators of the extraordinary session. Oleksandr Lavrynovych, representative of the Party of Regions Faction, and Serhiy Sobolev, representative of the BYuT Faction, briefed on the reasons for which the Factions demanded an extraordinary session.
When the representatives of the Factions commented upon the proposal concerning appointment of the Central Election Commission member, V.Lytvyn reminded that The Verkhovna Rada failed to endorse the first candidate nominated by the President of Ukraine. The President of Ukraine nominated another candidate Oleksandr Osadchuk.
However, the Chair stressed that according to Clause 83 of the Constitution of Ukraine, only the issues suggested by the initiators of the extraordinary session could be brought forward.
As to the Bills on Amendments to the Law "On Elections of the President of Ukraine", V.Lytvyn stated that the Bill had not been scrutinized by a profile Committee.
The Chairman of The Verkhovna Rada of Ukraine stated that Oleksandr Medvedko, Prosecutor General, and Vasyl Hrytsak, First Deputy Head of the Security Service of Ukraine, Head of the Main Department for fighting Corruption and Organized Crime, were invited to the plenary meeting.
Yuriy Lutsenko, Minister of Internal Affairs of Ukraine, reported on the observance of the Constitution and the Laws of Ukraine by the leaders of the Ministry of Internal Affairs of Ukraine during the presidential elections in Ukraine in 2010. He briefed on the measures taken by the Ministry of Internal Affairs of Ukraine to secure holding of the presidential elections.
Yu. Lutsenko stated that the Ministry had received a thank-you note from the mission of OSCE observers for the cooperation and provision of law order.
According to Yu. Lutsenko, the attempts of corrupt payments to the voters and forgery of the applications for home voting were the main violations of the electoral legislation during the first round of elections. Yu. Lutsenko also commented upon the situation at Ukraina Printing and Publishing. He stated that a special operation investigation group had been set up to investigate the situation.
Yu. Lutsenko assured the People´s Deputies that the police could secure public order during the second round of elections.
Oleksandr Medvedko, Prosecutor General, stated that on 15-16 January 2010, the regional prosecution offices received the reports concerning the actions of the MIA officials in the regions and districts. They were said to perform mass verification of written appeals of the voters concerning voting outside of the voting premises due to health conditions. As it was clarified, the measures were taken to fulfill the written commission of the Deputy Minister of Internal Affairs of 14 January 2010 forwarded to the heads of main departments and regional offices of the Ministry of Internal Affairs.
"The said actions of the Ministry of Internal Affairs contradicted the Constitution of Ukraine and the Law "On Elections of the President", - O. Medvedko stated. On 15 January, the General Prosecution raised the opposition to the actions of the Deputy Minister of Internal Affairs. The opposition was sustained next day, a corresponding commission being withdrawn from the main departments and regional offices of the Ministry of Internal Affairs.
Vasyl Hrytsak, First Deputy Head of the Security Service of Ukraine, Head of the Main Department for fighting Corruption and Organized Crime, reported on the measures taken by the Security Service to secure free demonstration of public will during the first round of the presidential elections.
The Verkhovna Rada passed the resolution on dismissal of Yuriy Lutsenko from the office of the Minister of Internal Affairs by 231 votes.
People´s Deputy Oleksandr Lavrynovych presented the Bill on Amendments to the Law "On Elections of the President of Ukraine" (re Organization of Work of the Election Commissions).
O. Lavrynovych stated that the proposed amendments shall provide for the full-fledged formation of the election commissions on the voting day regardless of the will of certain candidates.
Olha Bodnar, First Deputy Chairman of the Committee on State Building and Local Self-Government, stated that the Committee had received the conclusion of the Central Scientific Experts Office of The Verkhovna Rada Secretariate only that day. The conclusion recommends that the Bill be forwarded for adjustment.
The People´s Deputies discussed the Bill. Its supporters stated that "the Bill will prevent electoral fraud and absence of quorum, securing honest elections".
However, the opponents stated that the Bill "disrupts the very basis of elections, as the proposal concerning cancellation of quorum violates the essence of such a collegiate body as the election commission".
The Verkhovna Rada adopted the Bill as a basis by 226 votes.
The People´s Deputies rejected the proposal, according to which adjustment of the Bill for the second reading shall be facilitated.
People´s Deputy Valeriy Pysarenko presented the Bill on Amendments to the Law "On Elections of the President of Ukraine" (re Prevention of Distortion of Public Will). He stated that adoption of the Law would sustain the right of the Ukrainian citizens to vote outside the voting premises.
Serhiy Podhorny, Chairman of the Sub-Committee of the State Building and Local Self-Government Committee, stated that the Committee recommended adopting the Bill as a basis and in its entirety.
The Bill was rejected (190 votes).
People´s Deputy Serhiy Mishchenko presented the Draft Resolution "On setting up a Temporary Inquiry Panel of The Verkhovna Rada of Ukraine to investigate Legitimacy of Lease of "Mezhyhiria" Governmental Residence to V.F.Yanukovych".
Oleksandr Yefremov, Chairman of the Committee on the Rules of Parliamentary Procedure, Ethics and Support to Work of The Verkhovna Rada of Ukraine, stated that the Committee had not scrutinized this Bill. He also stressed that the Bill failed to comply with the Rules of Parliamentary Procedure.
Before putting the Bill to the vote, Volodymyr Lytvyn, Chairman of The Verkhovna Rada of Ukraine, stated that the Resolution could be signed and promulgated in case of adoption, provided the Deputy Factions nominated all the candidates as required by the Draft.
The Verkhovna Rada passed the Resolution "On setting up a Temporary Inquiry Panel of The Verkhovna Rada of Ukraine to investigate Legitimacy of Lease of "Mezhyhiria" Governmental Residence to V.F.Yanukovych" by 198 votes.
Volodymyr Lytvyn, Chairman of The Verkhovna Rada of Ukraine, declared the extraordinary session adjourned.