Rada Asking Constitutional Court To Assess Constitutionality Of 158 MPs' Bill Abolishing Parliamentary Immunity

The Verkhovna Rada of Ukraine has requested the Constitutional Court of Ukraine to estimate constitutionality of the bill submitted by 158 members of the Ukrainian Parliament and amending the Basic Law in terms of abolishing parliamentary immunity (the bill allows bringing MPs to justice, their detention and arrest without respective consent of the Ukrainian legislature).

A total of 328 parliamentary members backed respective bill No. 6773, when 226 votes enough to pass the decision, the Ukrainian News Agency reports.

In compliance with Article 159 of the Constitution of Ukraine, the bill amending the Basic Law is considered by the Verkhovna Rada in presence of respective conclusion from the Constitutional Court that confirms correspondence of the bill to Articles 157 and 158 of the Constitution.

Pursuant to Article 157, the Constitution of Ukraine cannot be amended should the amendments envision cancellation or restriction of civil and human rights and freedoms, or should they aim abolition of independence or violation of territorial integrity of Ukraine.

Besides, in compliance with the same Article, the Constitution cannot be amended in conditions of martial law or state of emergency.

Earlier on Thursday, the Verkhovna Rada sent the bill of President Petro Poroshenko No. 7203 that offers to abolish parliamentary immunity from January 1, 2020 for consideration at the Constitutional Court.

The Verkhovna Rada of Ukraine asks the Constitutional Court of Ukraine to assess the bill that envisions amending the Basic Law in terms of permitting to bring members of the Ukrainian Parliament to justice, detain and arrest them without previous consent by the Verkhovna Rada from 2020.

A total of 336 parliamentary members backed sending President Petro Poroshenko's bill No. 7203 for consideration by the Constitutional Court, when 226 votes enough to pass the decision.

Of 362 attending MPs, respective decision was backed by all 25 members of the Samopomich Association parliamentary faction; by 74 of 81 members of the People's Front parliamentary faction (one voted against and one did not take part in the vote); by 18 of 20 members of the faction of the Radical Party of Oleh Liashko; by 122 of 138 members of the Petro Poroshenko Bloc parliamentary faction (one abstained and five did not vote); by 17 of 20 members of the Batkivschyna All-Ukrainian Association parliamentary faction; by 34 out of 50 non-affiliated members of the Ukrainian Parliament (one voted against, one abstained and one did not vote); by 28 of 43 members of the Opposition bloc parliamentary faction (six did not vote); nine of 19 members of the Will of People parliamentary group (eight did not vote) and by nine of 26 members of the Vidrodzhennia Party parliamentary group (one did not vote).

In compliance with Article 159 of the Constitution of Ukraine, the bill amending the Basic Law is considered by the Verkhovna Rada in presence of respective conclusion from the Constitutional Court that confirms correspondence of the bill to Articles 157 and 158 of the Constitution.

Pursuant to Article 157, the Constitution of Ukraine cannot be amended should the amendments envision cancellation or restriction of civil and human rights and freedoms, or should they aim abolition of independence or violation of territorial integrity of Ukraine.

Besides, in compliance with the same Article, the Constitution cannot be amended in conditions of martial law or state of emergency.

In compliance with Article 158, the bill amending the Constitution was considered by the Verkhovna Rada however, it was not adopted. Therefore, it can be table for another consideration not earlier than in a year from the previous date of consideration.

Besides, according to the Article, within its tenure, the Verkhovna Rada cannot amend one the same provision of the Constitution more than once.

The bill No. 7203 offers to amend Article 80 of the Constitution that guarantee parliamentarians their parliamentary immunity: they are not liable for result of voting or statements made within the parliamentary session hall and Parliament's bodies (except for responsibility for humiliation or slander); they also cannot be brought to justice, detained or arrested (without respective Rada's consent).

In particular, the bill suggests retaining only the first part of the Article (MPs are not liable for result of voting or statements made within the parliamentary session hall and Parliament's bodies).

At that, it is offered to enact respective amendments from January 1, 2020.

Should the Constitutional Court provide its positive decision on the bill, the said constitutional amendments have to be adopted with at least 226 votes of MPs in first reading and 300 votes in second reading within the next regular session of the Verkhovna Rada (the next, 8th, session of the Verkhovna Rada of Ukraine will be opened on February 6, 2018).

In March 2016, the Constitutional Court explained that the Parliament could vote for the draft amendments (in principle) to the Constitution at every session following the one where the document was adopted in first reading.

As Ukrainian News Agency earlier reported, in February 2015, the Verkhovna Rada sent the bill No. 1776 for Constitutional Court's consideration.

The bill envisioned cancellation of parliamentary immunity and limitation of immunity of judges.