| Parliament name (generic / translated) |
Verkhovna Rada / Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (see also Art. 79 (3) of the Constitution of 28.06.1996) |
| Start of the mandate |
· When the MPs take the oath (Art. 79 (6) of the Constitution). Pro-cedure (Art. 79 of the Constitution). |
| Validation of mandates |
· No validation |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 81 (1) and 90 (1) of the Constitution) (for early dissolution, see Art. 90 (2) and (4) of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (Art. 81 (2), No. 1 of the Constitution)
· Procedure (Art. 81 (2), No. 1 and (3) of the Constitution)
· Authority competent to accept the resignation: the Parliament |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Verdict of guilt or decision of a court declaring the MP incompe-tent or missing (Art. 81 (2), No. 2 and 3 of the Constitution, Art. 3 (4) and (6) of the Law of Ukraine on the Election of the People's Deputies of Ukraine)
- Loss of eligibility (Art. 81 (2), No. 4 of the Constitution, Art. 3 (5) of the Law of Ukraine on the Election of the People's Deputies of Ukraine)
- Death (Art. 81 (2), No. 5 of the Constitution)
- General procedure (Art. 81 (3) of the Constitution)
(b) Loss of mandate by judicial decision: incompatibilities (Art. 8 (2), and 81 (4) of the Constitution, Art. 3 (8) of the Law of Ukraine on the Election of the People's Deputies of Ukraine)
(c) Refusal to take the oath (Art. 79 (5) of the Constitution, see also Start of the mandate) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The First Vice-President
3. The Vice-President
4. The Chairpersons of the committees |
| Indemnities, facilities and services |
· Diplomatic passport (Art. 34 (5) of the Law of Ukraine on the Status of the People's Deputy of Ukraine)
· Basic salary (Art. 33 (1) of the Law of Ukraine on the Status of the People's Deputy of Ukraine): + Additional allowance:
· No exemption from tax (Resolution of the Parliament N 256/94 of 29.11.1994)
· Pension scheme (Art. 32 (16), (17) and (20) of the Law of Ukraine on the Status of the People's Deputy of Ukraine)
· Other facilities:
(a) Assistants (Art. 35 (1) and (2) of the Law of Ukraine on the Status of the People's Deputy of Ukraine, Resolution on the Assis-tant-Adviser of the People's Deputy of Ukraine): up to ten assis-tant-advisers + assistants working on a public (non-payment) basis
(b) Travel and transport (Art. 34 (3) and (4), and 39 (1) and (2) of the Law of Ukraine on the Status of the People's Deputy of Ukraine) |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 80 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: insult or defamation (Art. 80 (2) of the Constitution); offence or insult (Art. 4.1.9. of the Rules of Procedure of the Par-liament of Ukraine, see Discipline)
· Non-accountability takes effect (on the day when the mandate be-gins) and offers (. It does not offer), after the expiry of the man-date, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 80 (1) and (3) of the Constitution, Art. 27 of the Law of Ukraine on the Status of the People's Deputy of Ukraine). But see Loss of mandate.
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive cus-tody, from the opening of judicial proceedings against them and from their homes being searched.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided for the period of elections (Art. 27 (4) of the Law of Ukraine on the Election of the People's Deputies of Ukraine) and from the start to the end of the mandate (Art. 26 of the Law of Ukraine on the Status of the People's Deputy of Ukraine). It does not cover judicial proceedings instituted against MPs before their election (Art. 76 (3) of the Constitution, Art. 27 (4) of the Law of Ukraine on the Election of the People's Deputies of Ukraine).
· Parliamentary immunity (inviolability) can be lifted (Art. 80 (3) of the Constitution):
- Competent authority: the Parliament
- Procedure (Art. 91 of the Constitution): motivated decision by the majority of the constitutional composition. In this case, MPs can be heard (Art. 28 (5) of the Law of Ukraine on the Status of the Peo-ple's Deputy of Ukraine). They do have means of appeal (Art. 28 (3) of the Law of Ukraine on the Status of the People's Deputy of Ukraine).
· Parliament cannot subject the prosecution and/or detention to cer-tain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs con-cerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs. Nor is there a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 16 of the Law of Ukraine on the Status of the People's Deputy of Ukraine).
· Penalties foreseen in case of failure to fulfil this obligation:
- Exclusion from the Committee or Special Commission (Art. 17 (2) of the Law of Ukraine on the Status of the People's Deputy of Ukraine)
- Reduction of salary (Art. 17 (3) and 34 of the Law of Ukraine on the Status of the People's Deputy of Ukraine)
- Publication in newspapers of Parliament and of local authorities in whose territory the constituency of the Deputy concerned is situ-ated (Art. 17 (4) of the Law of Ukraine on the Status of the People's Deputy of Ukraine)
· Body competent to judge such cases/to impose penalties: |
| Discipline |
· The rules governing discipline within Parliament are contained in S. 3.8. and Art. 4.1.9. of the Rules of Procedure of the Parliament of Ukraine.
· Disciplinary measures foreseen (Art. 3.8.4. of the Rules of Proce-dure of the Parliament of Ukraine):
- Call to order
- Order to withdraw
- Suspension
· Specific cases:
- Offence or insult (Art. 4.1.9. of the Rules of Procedure of the Parliament of Ukraine): call to order, strict call to order following the promulgation in the newspaper "The Voice of Ukraine"
· Competent body to judge such cases/to impose penalties:
- Call to order: the President
- Order to withdraw: the President, after decision of the Parliament
- Suspension: the Parliament
- Offence or insult:
· Procedure (S. 3.8. and Art. 4.1.9. of the Rules of Procedure of the Parliament of Ukraine)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 8 (2), and 81 (4) of the Constitution, Art. 3 (8) of the Law of Ukraine on the Election of the People's Deputies of Ukraine, Art. 6 (1) of the Law of Ukraine on the Status of the People's Deputy of Ukraine, Art. 4.1.9. (1) of the Rules of Procedure of the Parliament of Ukraine).
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Art. 8 (2), and 81 (4) of the Constitution, Art. 3 (8) of the Law of Ukraine on the Election of the People's Deputies of Ukraine; incompatibilities)
- Other penalties (Art. 6 (1) of the Law of Ukraine on the Status of the People's Deputy of Ukraine; violation of parliamentary ethics)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate:
- Other penalties: the Parliament, on recommendation of the Com-mittee on the Mandate and Ethics of Deputies
· Procedure:
- Loss of mandate:
In this case, MPs have (no) means of recourse.
- Other penalties (Art. 4.1.9. (1) of the Rules of Procedure of the Parliament of Ukraine): decision, after brief discussion, by the ma-jority of MPs, recorded in the Minutes.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
