The Bill "On Amendments to the Constitution of Ukraine" (re Restrictions on Deputies' Immunity)

21 January 2008, 14:23

According to the People´s Deputies, V. Kyrylenko and I. Kyrylenko, the authors of the Bill (Reg. No. 1375), "this Law aims at coordination of deputies´ immunity institute in Ukraine with international legal principles".

Inter alia, the Bill envisages exclusion of Part 1 and 3 of Article 80 of current version. Namely: "The People´s Deputies of Ukraine have guaranteed deputies´ immunity. One can not institute criminal proceedings against the People´s Deputies of Ukraine, detain or arrest them without consent of The Verkhovna Rada of Ukraine".

According to the authors of the Bill, exclusion of these statements "means that, without Parliament´s consent, one can perform the following actions regarding the People´s Deputy or any citizen of Ukraine: to draw to administrative responsibility, namely: to impose a fine, correctional works or put an administrative arrest; perform investigation and search operations; institute criminal proceedings; take preventive measures, including imprisonment in order to evade inquest, hampering ascertainment of truth in criminal case or proceeding with criminal activity; perform investigative actions, namely: detain and interrogate as a suspect, search and confiscate under the legally established procedure".

However, Article 80 is expected to remain in the wording, according to which: "The People´s Deputies of Ukraine bear no legal liability for voting results or pronouncements in the Parliament and its bodies, except of liability for offence or slander".