Parliamentary Update

Fri, 30/10/2020 - 19:30

It is planned that the Parliament will resume plenary meetings in its weekly mode on November 2. The Chairman of the Verkhovna Rada of Ukraine Dmytro Razumkov previously stated that the state budget for 2021 would be considered during the plenary week.

There is also a great likelyhood that Draft Law 4131 (on the parliamentary oversight) will be considered during the plenary week. The USAID RADA Program continues to carry out an advocacy campaign as to this Draft Law and welcomes the strengthening of parliamentary oversight. At the same time, some changes and improvements of the text are needed before the final adoption of the Draft Law.

But, given the recent decision of the Constitutional Court of Ukraine, it can be assumed, that the issues concerning the anti-corruption infrastructure will be under the Parliament’s consideration. The first Draft Laws that propose the systematic solution of the problem were submitted by Yuliia Tymoshenko and some other MPs from her faction (Draft Law 4292 and 4293).

  • Draft Law on Amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” on monitoring the lifestyle of judges and in order to bring its provisions in line with the Decision of the Constitutional Court of Ukraine of October 27, 2020 № 13-р / 2020 (Draft Law 4292)

The Draft Law provides for amendments to the Law of Ukraine “On the Judiciary and the Status of Judges”, proposing to establish a procedure for monitoring the lifestyle of judges, including the obligation of judges to submit a declaration. In addition, the Draft Law regulates the issue of control and verification of the declaration. It is also proposed that prior to the functioning of the High Qualification Commission of Judges of Ukraine, the authority to control and verify declarations, store and publish such declarations, monitor the lifestyle of judges is entrusted to the State Judicial Administration of Ukraine.

  • Draft Law on Amendments to the Law of Ukraine “On Preventing Corruption” to bring its provisions in line with the Decision of the Constitutional Court of Ukraine of October 27, 2020 № 13-р / 2020 and to regulate the activities of the National Agency on Corruption Prevention (Draft Law 4293)

The Draft Law provides for amendments to the Law of Ukraine “On Preventing Corruption”, which proposes to restore almost all rights of the National Agency on Corruption Prevention. At the same time, taking into account the legal position of the Constitutional Court of Ukraine, it is proposed to specify that the legal and organizational principles of the anti-corruption system against judges, mechanisms for bringing them to responsibility will be regulated by the Law of Ukraine “On Judiciary and Status of Judges”. In addition, the procedure for resolving conflicts of interest in the activities of judges will be determined by the Law of Ukraine “On the Judiciary and the Status of Judges” and the relevant procedural legislation of Ukraine (some regulations are provided by the Draft Law 4292).

These Draft Laws provide for quick and efficient restoration of the anti-corruption institutions.

At the same time, it can be assumed that other factions will also submit their own bills. Thus, the Parliament will have enough solutions for the abovementioned situation.

As to the President’s Draft Law 4288, almost all factions stated that they would not support it (as they believe it violates the Constitution). So, the question is whether the faction of the political party “Servant of the People” will have enough votes. It is worth emphasizing once again that the Draft does not really comply with the Constitution and may cause a political crisis, finally destroying the system of checks and balances.