Parliament has completed the process of cancellation of immunity of deputies, passing the corresponding bill No. 2237.
The second reading of the document has undergone some changes and once again testified, without a privilege, the deputies can not. Even in such “gentle” question of criminal responsibility, they have provided for themselves is quite different from “mere mortals” order. The article in the bill called “the special order of bringing to responsibility the people’s Deputy”.
As you can see, about the promised equality for all somehow forgot. And the talk about equality ends where there is a personal interest.
It’s not like the citizens
MPs have a number of features concerning the criminal responsibility that does not apply to ordinary citizens. Thus equal conditions do not exist.First, let’s talk about those norms in the bill that are not only “special”, and so to say reinforcing for the MP.
First, to carry out pre-trial investigation of the criminal offence committed by a people’s Deputy of Ukraine, can only NABU and the Central office RRT under their jurisdiction. Ordinary Ukrainians are engaged investigators not only NABOO, RRT, as well as the national police, security agencies.There are norms that, for example, provide more guarantees for deputies from detaining. It is implemented desire to protect themselves, which is clearly not indicative of the equality of all in front of everyone.
For example, the delay of the MP without the permission of the investigating judge, it will be possible only when people’s choice caught committing or immediately after committing a grave or especially grave crimes, connected with violence, or one that resulted in the death of a man.But with all the “features” of accountability is still of equal conditions is not something that compared to humans, but compared to other MPs. Selective justice will be that Pro-government deputies will be better protected, and the opposition less.Primarily spoken in the context of dependence of the deputies of the Prosecutor General, which in turn represents the majority, of the President of Ukraine.
It is the attorney General be made in the Unified register of pre-judicial investigations information that may indicate the Commission of a people’s Deputy of the crime.
It is the attorney General approves the petition for detention, remand in custody or house arrest, they searched his dwelling, violation of secret of correspondence, telephone conversations, Telegraph and other correspondence, as well as the use of covert investigative measures and other measures restricting the rights and freedoms of MP.Such dependence on the decisions of the Prosecutor General is the major risk of the bill. Thus, the project contains risks of corruption and can prevent unequal application, when regarding some members even information in the ERD will not be made, and relative to the other – will apply to all procedures.There is a danger of persecution of “unwanted” members. That is, inequality in the administration of justice in all its glory.
Second, it establishes the possibility of involvement of the MP to legal liability for his statements only on television or radio. But people’s deputies of Ukraine shall not bear legal liability for voting results or statements only in the Verkhovna Rada of Ukraine and its bodies, as well as in the implementation of parliamentary powers, with the exception of liability for insult or defamation.
But for any of the other statements can be held accountable. Such rules will not contribute to any parliamentary independence, nor the protection of the right to freedom.In addition, now the head of the lying will have to inform about the arrest of the MP, the application in respect of him a preventive measure not later than 24 hours from the time of the Commission of such acts.
And finally, let me remind you that the Venice Commission has spoken out against the complete abolition of parliamentary immunity.
In its opinion CDL-AD(2015)013 the Commission’s experts noted that in the political system vulnerable democracy as in Ukraine, the complete abolition of immunity may be dangerous for the functioning and autonomy of Parliament.
This is not the first critical conclusion of international experts on legislative initiatives see!team. But expert opinion does not interest anyone.