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People's Deputy of Ukraine

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People's Deputy of Ukraine
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A People's Deputy of Ukraine (Ukrainian: народний депутат України, romanized: narodnyi deputat Ukrainy) is a member of parliament and legislator elected by a popular vote to the Verkhovna Rada (the parliament of Ukraine). People's Deputies of Ukraine are often referred to simply as the "deputies"; however, regular deputies are members of regional and local councils, while people's deputies are elected to the national parliament, Verkhovna Rada. Prior to 1991, the Verkhovna Rada was named the Supreme Council of People's Deputies of the Ukrainian Soviet Socialist Republic.

The main statutes that define the order of elections, rights and duties of the People's Deputies of Ukraine are outlined in Articles 76 - 81 of the Constitution of Ukraine. There are 450 people's deputies of Ukraine who are elected based on the general, equal and direct electoral right. The deputies may be appointed to various parliamentary positions such as the chairperson (speaker) of the Verkhovna Rada, a head of a committee or a parliamentary faction, etc. Upon their appointment to office each People's Deputy of Ukraine receives a deputy mandate.

People's Deputies that ran for the Verkhovna Rada as self-nominated candidates can join factions if they wish.[1]

Since 2016, in line with new anti-corruption regulations, all senior public officials (thus including People's Deputies) must declare their wealth in an electronic database.[2]

Requirements

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Requirements to candidates

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A person may be elected as a People's Deputy of Ukraine if they are a citizen of Ukraine who, on the day of elections, is at least 21 years of age, has the right to vote, and has resided within Ukraine for the last five (5) years.[3][4] There were number of deputies who before being elected to parliament held the citizenship of Ukraine no more than two years. Among them were Dmytro Salamatin, Vadim Novinsky, and others.

A citizen of Ukraine cannot be elected to the Verkhovna Rada if they have a conviction for committing a crime and that conviction is neither extinguished nor taken out of records by legal order.

Requirements of the deputy's mandate

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Each deputy carries out their duties on a continuous basis.

A deputy may not possess any other representative mandates, be appointed to the state service, be placed in other salaried positions, participate in other paid or entrepreneurial activities (except for teaching, scientific or artistic pursuits), or be a member of a governing body, a supervisory council of a company, or for-profit organization. A candidate that was elected into parliament must submit documents confirming their dismissal from their previous workplace to the Central Election Commission of Ukraine within 20 days after the election.[5]

The requirements for the incompatibility of a deputy's mandate with other types of activities are established by governing law.

If circumstances arise that breach a deputy's mandate to refrain from other activities, they must either cease that activity or submit a personal statement of resignation within 20 days from the discovery of the breach.

On 13 March 2012 the Constitutional Court of Ukraine declared a ban on the participation of public officials and people's deputies in general meetings of for-profit companies or organizations to be unconstitutional.[6]

In October 2016 a requirement was placed upon deputies to declare their wealth. In the first register the 413 deputies cumulatively declared wealth of about $460 million. Reacting to public criticism, deputies cancelled a raise that would have doubled their salary.[7] This measure was part of an Anti-Corruption Package passed into law in October 2014, which was a requirement of international financial support for Ukraine.[8][9]

Oath of office

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Before assuming office, the Verkhovna Rada's deputies must all take the following oath before the parliament:

In original Ukrainian:

Присягаю на вірність Україні. Зобов'язуюсь усіма своїми діями боронити суверенітет і незалежність України, дбати про благо Вітчизни і добробут Українського народу.
Присягаю додержуватися Конституції України та законів України, виконувати свої обов'язки в інтересах усіх співвітчизників.[10]

In English translation:

I swear allegiance to Ukraine. I commit myself with all my deeds to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and for the welfare of the Ukrainian people.
I swear to abide by the Constitution of Ukraine and the laws of Ukraine, to carry out my duties in the interests of all compatriots.[11]

Prior to the 2014 Ukrainian parliamentary election the oath was read by the eldest deputy before the opening of the first session of the newly elected Ukrainian Parliament, after which deputies affirmed the oath by their signatures under its text.[12] As of the first session of the newly elected Ukrainian Parliament on 27 November 2014 all the deputies simultaneously read out the oath.[12]

A refusal to take the oath is followed by the loss (forfeiture) of a deputy's mandate.

The authority of a People's Deputy of Ukraine starts from the moment of taking the oath.

Immunity

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Until December 2019, parliamentary immunity was guaranteed to the Peoples' Deputies of Ukraine.[13] This meant that deputies could not be held criminally liable, detained or arrested without the agreement of the Verkhovna Rada.

In December 2019, deputies’ immunity was dismantled, except the stipulation that lawmakers are not legally liable for the results of voting or statements made in parliament and its bodies.[14]

Termination of office

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The authority of Peoples' Deputies of Ukraine lapses at the end of the official session (convocation) of the Verkhovna Rada.

The authority of a People's Deputy of Ukraine is terminated early in case of:

  • resignation via personal statement
  • entry into legal force of a conviction
  • court recognition of becoming either disabled or absent without notice
  • renouncing citizenship or leaving Ukraine for permanent residence abroad
  • unresolved circumstances that breach the requirements for the incompatibility of a deputy's mandate with other types of activities
  • failure of a deputy elected by a political party to become affiliated as a member of the parliamentary faction of that party (the so-called Imperative mandate)[15]
  • death

The Verkhovna Rada terminates the powers of People's Deputies appointed to the Cabinet of Ministers of Ukraine.[16]

Problems among People's Deputies

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A deputy's absence from parliamentary meetings is countered by withholding salary.[17]

Tushky

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Not to be confused with Titushky.

The term tushky is a popular political term which refers to a member of Verkhovna Rada who participates in party switching.

Knopkodavy

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Main article: Piano voting in Ukraine

Knopkodavy (lit. "button-pushers") refers to members of Verkhovna Rada who cast a vote for other members of parliament in their absence. Deputies voting for non-present colleagues is notorious in Ukraine and is also referred to as "piano voting".[18][19] Multiple deputies have stated they could not take part in votes, but nevertheless their votes were registered in parliament.[20][21][22] In April 2011 the vote of a deputy was registered although the man had died four days before the voting.[23][24]

Voting for other deputies became prohibited by law in February 2013.[20] In December 2019, legislation was passed that made "button pushing" punishable by a fine of ₴3,000-5,000.[25] Both measures did little to cut back or prevent "piano voting".[18][20] The first attempt to hold an MP legally accountable for "piano-voting" was announced by Prosecutor General of Ukraine Iryna Venediktova on 12 February 2021.[18]

On 2 March 2021, sensor technologies were installed in the Ukrainian parliament that were designed to make it impossible for People's Deputies to vote on behalf of absent colleagues (since they need now to use both their hands for a single vote).[18]

See also

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References

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  1. ^ Yanukovych signs law on open voting to elect parliamentary chairman Archived 2014-06-29 at the Wayback Machine, Kyiv Post (19 November 2012)
  2. ^ Ukraine politicians' huge cash piles exposed in reform drive Archived 2023-03-15 at the Wayback Machine, BBC News (28 October 2016)
    Lutsenko says MPs who failed to submit e-declaration face up to 2 years in prison Archived 2016-11-05 at the Wayback Machine, Interfax-Ukraine (2 November 2016)
  3. ^ (in Ukrainian) Член ЦВК: Саламатін законно став нардепом, UNIAN (12 April 2012)
  4. ^ (in Ukrainian) Скандальний міністр незаконно був обраний до Верховної Ради Archived 2012-04-14 at the Wayback Machine, Ukrayinska Pravda (12 April 2012)
  5. ^ Azarov: ministers elected to parliament should decide on work place taking into account president's opinion Archived 2012-11-20 at the Wayback Machine, Kyiv Post (20 November 2012)
  6. ^ Constitutional Court allows officials, MPs to have corporate rights, according to court ruling, Interfax-Ukraine (20 March 2012)
  7. ^ Roman Olearchyk (1 November 2016). "Ukraine's MPs forgo pay rise as public balks at scale of wealth". Financial Times. Archived from the original on 4 November 2016. Retrieved 2 November 2016.
  8. ^ Reid Standish, Ian Bateson (4 November 2016). "Ukraine Has Opened Pandora's Database of Corruption". Foreign Policy. Archived from the original on 7 November 2016. Retrieved 7 November 2016.
  9. ^ "Ukraine: parliament passes important laws to tackle corruption". Kyiv Post. 23 October 2014. Archived from the original on 7 November 2016. Retrieved 7 November 2016.
  10. ^ "Стаття 79". Ukrainian Wikisource. Archived from the original on 2009-03-23. Retrieved 2007-10-11.
  11. ^ "Article 79". Wikisource. Archived from the original on 2007-03-25. Retrieved 2007-10-11.
  12. ^ a b CEC registers 357 newly elected deputies of 422 Archived 2014-11-26 at the Wayback Machine, National Radio Company of Ukraine (25 November 2014)
  13. ^ Parliament rejects opposition bill to lift immunity of deputies and judges, Interfax-Ukraine (14 April 2013)
  14. ^ Bill stripping Ukrainian lawmakers of immunity passes its second reading, UNIAN (18 December 2019)
  15. ^ (in Russian) Tomenko lost the court of its mandate and will complain to Europe Archived 2022-01-26 at the Wayback Machine, Ukrayinska Pravda (28 July 2016)
    BPP Congress moves to terminate powers of MPs Tomenko, Firsov Archived 2016-10-10 at the Wayback Machine, UNIAN (25 March 2016)
    "People's deputy of Ukraine VIII convocation Mykola Tomenko". Official portal (in Ukrainian). Verkhovna Rada of Ukraine. Archived from the original on 15 February 2017. Retrieved 9 October 2016.
  16. ^ Rada terminates mandates of Yatsenyuk, eight members of parliament appointed ministers Archived 2014-12-05 at the Wayback Machine, Kyiv Post (2 December 2014)
  17. ^ Ukrainian lawmakers fall short of half a million dollars in salaries in Jan-Sept for being absent, UNIAN (9 November 2018)
  18. ^ a b c d Ukrainian parliament finally moves to end multi-voting Archived 2023-03-08 at the Wayback Machine /UkraineAlert by Peter Dickinson, Atlantic Council (2 March 2021)
  19. ^ Crooked Lawmaking Archived 2013-04-02 at the Wayback Machine, The Ukrainian Week (12 March 2011)
    Svoboda faction refuses to recognize Sorkin's appointment as NBU Governor Archived 2013-01-12 at the Wayback Machine, Kyiv Post (11 January 2012)
    Ukraine re-elects Mykola Azarov as prime minister Archived 2012-12-16 at the Wayback Machine, Deutsche Welle (13 December 2012)
    UDAR MPs prevent voting by card of deputy absent from Kyiv City Council Archived 2014-07-29 at the Wayback Machine, Interfax-Ukraine (20 December 2012)
    Ukraine’s Opposition Program Requires Another Revolution Archived 2015-07-13 at the Wayback Machine by Taras Kuzio, The Jamestown Foundation (29 May 2012)
    "Yatsenyuk: Ukrainians elected People's deputies but not voting cards". en.for-ua.com. 6 February 2008. Archived from the original on 20 February 2013. Retrieved 11 January 2013.
    Understanding Ukrainian Politics: Power, Politics, and Institutional Design by Paul D'Anieri, M.E. Sharpe, 2006, ISBN 978-0-7656-1811-5, page 89
    Opposition proposes introducing criminal liability for 'piano voting' Archived 2012-08-27 at the Wayback Machine, Radio Ukraine (23 June 2012)
  20. ^ a b c Danilova, Maria (5 July 2013). "Ukraine Parliament plagued by multiple voting". Yahoo. Associated Press. Archived from the original on 8 March 2017. Retrieved 7 March 2017.
  21. ^ Tymoshenko faction deputy denies voting to extend parliament term Archived 2011-02-19 at the Wayback Machine, Kyiv Post (February 2, 2011)
  22. ^ Crooked Lawmaking Archived 2013-04-02 at the Wayback Machine, The Ukrainian Week (12 March 2011)
    Svoboda faction refuses to recognize Sorkin's appointment as NBU Governor Archived 2013-01-12 at the Wayback Machine, Kyiv Post (11 January 2012)
    Ukraine re-elects Mykola Azarov as prime minister Archived 2012-12-16 at the Wayback Machine, Deutsche Welle (13 December 2012)
    UDAR MPs prevent voting by card of deputy absent from Kyiv City Council Archived 2014-07-29 at the Wayback Machine, Interfax-Ukraine (20 December 2012)
    Ukraine’s Opposition Program Requires Another Revolution Archived 2015-07-13 at the Wayback Machine by Taras Kuzio, The Jamestown Foundation (29 May 2012)
    "Yatsenyuk: Ukrainians elected People's deputies but not voting cards]". en.for-ua.com. 6 February 2008. Archived from the original on 20 February 2013. Retrieved 11 January 2013.
    Understanding Ukrainian Politics: Power, Politics, and Institutional Design by Paul D'Anieri, M.E. Sharpe, 2006, ISBN 978-0-7656-1811-5, page 89
    Opposition proposes introducing criminal liability for 'piano voting' Archived 2012-08-27 at the Wayback Machine, Radio Ukraine (23 June 2012)
  23. ^ ZIK: Dead lawmaker continues to vote in Ukraine parliament Archived 2011-08-30 at the Wayback Machine, Kyiv Post (April 23, 2011)
  24. ^ (in Ukrainian) Лісін Микола Павлович Archived 2011-08-25 at the Wayback Machine, Official website of the Verkhovna Rada
  25. ^ Ukraine criminalizes piano voting, UNIAN (19 December 2019)
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