People's Deputy of Ukraine

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Main article: Verkhovna Rada

People's Deputy of Ukraine (Ukrainian: народний депутат України, narodnyi deputat Ukrayiny) is a member of parliament, legislator elected by a popular vote to the Verkhovna Rada (the parliament of Ukraine). Often People's Deputies of Ukraine are referred to simply as the "deputies".

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 parliament, a head of a committee or a parliamentary faction, etc. Upon its appointment to the office each people's deputy of Ukraine receives a deputy mandate.

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

Requirements[edit]

Requirements to candidates[edit]

The People's Deputy of Ukraine may be elected a citizen of Ukraine who at the day of elections turned 21, has the right to vote, and resides within Ukraine for the last five (5) years.[2][3] 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, Vadym Novinsky, and others.

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

Requirements to the deputy's mandate[edit]

Each deputy carries out his/hers duties on a continuous base.

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 activity (except for teaching, scientific or artistic), be a member of a governing body or a supervisory council of a company or organization that are for profit. A candidates that was elected into parliament has to submit to the Central Election Commission of Ukraine documents confirming their dismissal from their previous work place within 20 days after the election.[4]

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

In case of appearance of circumstances that breach the requirements for the incompatibility of a deputy's mandate with other types of activities, the People's Deputy of Ukraine in a 20-day term from the day of appearance of such circumstances stops that activity or submits a personal statement of resignation as the People's Deputy of Ukraine.

On 13 March 2012 the Constitutional Court of Ukraine declared unconstitutional a ban on the participation of public officials and people's deputies in general meetings of companies or organizations that work for profit.[5]

Immunity[edit]

Article 80. The parliamentary immunity is guaranteed to the peoples' deputies of Ukraine.[6]

The peoples' deputies of Ukraine do not carry a legal responsibility for the results of voting and their saying in the parliament and its bodies, except the responsibility for an insult or a defamation.

The peoples' deputies of Ukraine cannot be held criminally liable, detained or arrested without the agreement of the Verkhovna Rada.

Termination of office[edit]

The authority of peoples' deputies of Ukraine elapses with each office termination (end of convocation) of the Verkhovna Rada.

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

  • resignation through his (her) personal statement
  • entry into legal force of a conviction
  • court recognition of him (her) being either disabled or absent without notice
  • termination of citizenship or leaving him or her Ukraine for permanent residence abroad
  • if in a 20-day term from the day of appearance of such circumstances that breach the requirements for the incompatibility of a deputy's mandate with other types of activities such circumstances are not resolved by him (her)
  • failure of the people's deputy of Ukraine elected by a political party (electoral block of political parties) become affiliated as a member of the parliamentary faction of that party (electoral block of political parties) or disaffiliated as a member
  • his (her) death

Parliamentary voting[edit]

(Since December 2012) before the start of every session of the parliament, deputies will register personally with their people's deputy cards and personal signatures.[7] The deputies should also register via the parliamentary electronic system at the session hall, and thus other people will be unable to register in place of deputies.[7] Deputies voting for non-present colleagues is notorious in Ukraine (sometimes referred too as "piano voting").[8] On 22 February 2013 procedural measures had been implemented to prevent multiple voting.[9]

Oath of office[edit]

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

In original Ukrainian:

In English translation:

The oath is read by the eldest deputy before the opening of the first session of the newly elected Ukrainian Parliament (Verkhovna Rada), after which deputies affirm the oath by their signatures under its text.

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

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

See also[edit]

References[edit]

  1. ^ Yanukovych signs law on open voting to elect parliamentary chairman, Kyiv Post (19 November 2012)
  2. ^ (Ukrainian) Член ЦВК: Саламатін законно став нардепом, UNIAN (12 April 2012)
  3. ^ (Ukrainian) Скандальний міністр незаконно був обраний до Верховної Ради, Ukrayinska Pravda (12 April 2012)
  4. ^ Azarov: ministers elected to parliament should decide on work place taking into account president's opinion, Kyiv Post (20 November 2012)
  5. ^ Constitutional Court allows officials, MPs to have corporate rights, according to court ruling, Interfax-Ukraine (20 March 2012)
  6. ^ Parliament rejects opposition bill to lift immunity of deputies and judges, Interfax-Ukraine (14 April 2013)
  7. ^ a b Tiahnybok proposes blocking voting cards of unregistered MPs, Kyiv Post (9 January 2013)
  8. ^ Crooked Lawmaking, The Ukrainian Week (12 March 2011)
    Svoboda faction refuses to recognize Sorkin's appointment as NBU Governor, Kyiv Post (11 January 2012)
    Ukraine re-elects Mykola Azarov as prime minister, Deutsche Welle (13 December 2012)
    UDAR MPs prevent voting by card of deputy absent from Kyiv City Council, Interfax-Ukraine (20 December 2012)
    Ukraine’s Opposition Program Requires Another Revolution by Taras Kuzio, The Jamestown Foundation (29 May 2012)
    Yatsenyuk: Ukrainians elected People’s deputies but not voting cards, ForUm (6 February 2008)
    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', Radio Ukraine (23 June 2012)
  9. ^ Parliament unblocked after Yanukovych televised claim (UPDATED), Kyiv Post (22 February 2013)
    THE SECOND SESSION OF THE VERKHOVNA RADA OF UKRAINE OF THE SEVENTH CONVOCATION HAS OPENED, Verkhovna Rada (22 February 2013)
  10. ^ "Стаття 79". Ukrainian Wikisource. Retrieved 2007-10-11. 
  11. ^ "Article 79". Wikisource. Retrieved 2007-10-11.