The Constitutional Court of Ukraine approved the bill that sharply limits legal immunity for members of parliament and judges.
The head of the court, Yuriy Baulin, announced
this landmark decision at a press conference on June 19, reported Ukrainian
News. “The ruling will be made available at the website of the Constitutional
Court today.”
The decision was not published as of 12:50 p.m.
on June 19.
Previously, on Feb. 5, Verkhovna Rada voted to
lift the immunity by overwhelming majority, 365 out of 450 votes.
The bill leaves MPs and judges with functional
immunity, meaning they are legally protected from criminal investigations or
lawsuits while performing their legislative duties or administering justice.
The ruling also deprives Parliament of the
discretion to grant or withhold the parliamentary or judicial immunity.
It gives the High Council of Justice, which
appoints, examines and disciplines judges, the power to lift judicial immunity
in cases of the detention or arrest of the judge.
The Constitutional Court believes these
amendments are consistent with Ukraine’s Constitution. They do not limit the
scope of constitutional rights and freedoms.
Now, Parliament has to collect 300 votes to
ultimately abolish immunity during the next parliamentary session, starting on
Sep.1.
Ukraine’s speaker, Volodymyr Groysman, has no
doubt about the outcome of the vote. “Verkhovna Rada will vote in the bill en
bloc at the regular session in September,” he said on Jan. 12. “I have been
working in Parliament for eight years and never had immunity… It must be
eliminated as it attracts people who genuinely do not want to perform
legislative duties.”
The experts of Venice Commission are less
enthusiastic about this move, according to member of parliament Oksana Syroid.
Given Ukraine’s corrupt law enforcement and judiciary, this decision might be
premature, she said on April 7.
The Kyiv Post’s legal affairs reporter Mariana
Antonovych can be reached at [email protected]
