People's Deputy of Ukraine
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Activity sectors | Government |
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Related jobs | Government official, President of Ukraine |
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A people's deputy of Ukraine (Ukrainian: народний депутат України, romanized: narodnyi deputat Ukrainy, IPA: [nɐˈrɔdnɪj depʊˈtɑt ʊkrɐˈjinɪ]) is a member of parliament and legislator elected by popular vote to the Verkhovna Rada, the parliament of Ukraine. They are often referred to simply as "deputies". Prior to 1991, the Verkhovna Rada had been called the Supreme Council of People's Deputies of the Ukrainian Soviet Socialist Republic.
Statutes concerning elections and the rights and duties of deputies are outlined in Articles 76 - 81 of the Constitution of Ukraine. Ukraine's parliament has 450 seats. Deputies may be appointed to various parliamentary positions such as chairperson (speaker) of the Verkhovna Rada, a head of a committee or a parliamentary faction, etc. Upon taking office, each deputy receives a deputy mandate.
People's deputies elected to the Verkhovna Rada as independent candidates may choose to join factions.[1]
Since 2016, anti-corruption regulations mandate senior public officials (including deputies) must disclose their wealth, which is recorded in an electronic database.[2]
Requirements
[edit]Election eligibility
[edit]A person may be elected as a people's deputy of Ukraine if they are a citizen of Ukraine who, on the day of elections, is at least 21 years of age, has the right to vote, and has resided within Ukraine for the last five years.[3][4] There were a number of deputies who, before being elected to parliament held Ukrainian citizenship for no longer than two years. These include Dmytro Salamatin, Vadim Novinsky, and others.
A citizen cannot be elected to the Verkhovna Rada if they have been convicted for a crime unless that conviction is extinguished or legally removed.
Duties
[edit]Each deputy carries out their duties on a continuous basis.
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 activities (except teaching, scientific or artistic pursuits), be a member of a governing body, a supervisory council of a company, or a for-profit organization. Within 20 days of winning an election, a victorious candidate must submit documents confirming their dismissal from their previous workplace to the Central Election Commission of Ukraine.[5]
Activities considered incompatible with the duties of a deputy are legally prohibited. If a deputy has violated their mandate by failing to refrain from proscribed activities, they are required to either cease that activity or submit a statement of resignation within 20 days after the violation is discovered.
On 13 March 2012, the Constitutional Court of Ukraine banned public officials and people's deputies from participating in general meetings of for-profit companies or organizations deemed unconstitutional.[6]
In October 2016 a requirement was placed upon deputies to declare their wealth. In the first register, 413 deputies cumulatively declared wealth of $460 million. Reacting to public criticism, deputies cancelled a raise that would have doubled their salary.[7] This measure was part of an Anti-Corruption Package passed into law in October 2014, which was a requirement of international financial support for Ukraine.[8][9]
Oath of office
[edit]Before assuming office, the Verkhovna Rada's deputies must take the following oath before the parliament:
In original Ukrainian:
Присягаю на вірність Україні. Зобов'язуюсь усіма своїми діями боронити суверенітет і незалежність України, дбати про благо Вітчизни і добробут Українського народу.
Присягаю додержуватися Конституції України та законів України, виконувати свої обов'язки в інтересах усіх співвітчизників.[10]
In English translation:
I swear allegiance to Ukraine. I commit myself with all my deeds to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and for the welfare of the Ukrainian people.
I swear to abide by the Constitution of Ukraine and the laws of Ukraine, to carry out my duties in the interests of all compatriots.[11]
Prior to the 2014 Ukrainian parliamentary election the oath was read by the eldest deputy before the opening of the first session of the newly elected Ukrainian Parliament, after which deputies affirmed the oath by their signatures under its text.[12] As of the first session of the 27 November 2014 parliament, all deputies are required to read the oath aloud simultaneously.[12] The oath marks the beginning of a deputy's accession to power. Refusing the oath will result in the forfeiture of their mandate.
Immunity
[edit]Until December 2019, deputies were guaranteed parliamentary immunity.[13] This meant they could not be held criminally liable, detained or arrested without the consent of the Verkhovna Rada.
In December 2019, deputy parliamentary immunity was largely abolished, with the exception of voting records and statements made within parliament or its bodies[14]
Termination of office
[edit]The authority of Peoples' Deputies of Ukraine lapses at the end of the official session (convocation) of the Verkhovna Rada.
The authority of a deputy may be ended early in some cases, including:
- resignation via personal statement
- a criminal conviction
- a court recognition of disability or absence without notice
- renunciation of Ukrainian citizenship or leaving Ukraine for permanent residence abroad
- continued participation in activities considered legally incompatible with the obligations of a deputy
- failure of a deputy elected by a political party to join that party's parliamentary faction (Imperative mandate)[15]
- death
The Verkhovna Rada terminates the powers of People's Deputies appointed to the Cabinet of Ministers of Ukraine.[16]
Misconduct and voting fraud
[edit]Absence from parliamentary meetings is punished by withholding salary.[17]
Tushky
[edit]Tushky is a pejorative term used to denigrate deputies who participate in party switching.
Knopkodavy
[edit]Knopkodavy (lit. 'button-pushers') refers to deputies who fraudulently cast a vote for deputies who are absent. Voting for non-present colleagues, also called "piano voting", is notorious in Ukraine.[18][19] Multiple deputies have reported that, despite being unable to vote, votes attributed to them were registered in parliament.[20][21][22] In April 2011, a deputy was registered as having voted despite dying four days earlier.[23][24]
Voting for other deputies became prohibited by law in February 2013.[20] In December 2019, legislation was passed that made "button pushing" punishable by a fine of ₴3,000-5,000.[25] Both measures did little to reduce or prevent piano voting.[18][20] The first attempt to hold an deputy legally accountable for piano voting was announced by Prosecutor General of Ukraine Iryna Venediktova on 12 February 2021.[18]
On 2 March 2021, the Ukrainian parliament began using pressure sensors to prevent piano voting. Voting with one hand, a deputy must use the hand other to apply continuous pressure on the sensor, making simultaneous operation of multiple voting machines difficult. This is intended to prevent deputies from using the voting machines of their absent neighbours.[18]
See also
[edit]- Corruption in Ukraine#Political corruption
- Deputy (legislator)
- Member of Parliament
- List of members of the Verkhovna Rada of Ukraine who died in office
References
[edit]- ^ Yanukovych signs law on open voting to elect parliamentary chairman Archived 2014-06-29 at the Wayback Machine, Kyiv Post (19 November 2012)
- ^ Ukraine politicians' huge cash piles exposed in reform drive Archived 2023-03-15 at the Wayback Machine, BBC News (28 October 2016)
Lutsenko says MPs who failed to submit e-declaration face up to 2 years in prison Archived 2016-11-05 at the Wayback Machine, Interfax-Ukraine (2 November 2016) - ^ (in Ukrainian) Член ЦВК: Саламатін законно став нардепом, UNIAN (12 April 2012)
- ^ (in Ukrainian) Скандальний міністр незаконно був обраний до Верховної Ради Archived 2012-04-14 at the Wayback Machine, Ukrayinska Pravda (12 April 2012)
- ^ Azarov: ministers elected to parliament should decide on work place taking into account president's opinion Archived 2012-11-20 at the Wayback Machine, Kyiv Post (20 November 2012)
- ^ Constitutional Court allows officials, MPs to have corporate rights, according to court ruling, Interfax-Ukraine (20 March 2012)
- ^ Roman Olearchyk (1 November 2016). "Ukraine's MPs forgo pay rise as public balks at scale of wealth". Financial Times. Archived from the original on 4 November 2016. Retrieved 2 November 2016.
- ^ Reid Standish, Ian Bateson (4 November 2016). "Ukraine Has Opened Pandora's Database of Corruption". Foreign Policy. Archived from the original on 7 November 2016. Retrieved 7 November 2016.
- ^ "Ukraine: parliament passes important laws to tackle corruption". Kyiv Post. 23 October 2014. Archived from the original on 7 November 2016. Retrieved 7 November 2016.
- ^ "Стаття 79". Ukrainian Wikisource. Archived from the original on 2009-03-23. Retrieved 2007-10-11.
- ^ "Article 79". Wikisource. Archived from the original on 2007-03-25. Retrieved 2007-10-11.
- ^ a b CEC registers 357 newly elected deputies of 422 Archived 2014-11-26 at the Wayback Machine, National Radio Company of Ukraine (25 November 2014)
- ^ Parliament rejects opposition bill to lift immunity of deputies and judges, Interfax-Ukraine (14 April 2013)
- ^ Bill stripping Ukrainian lawmakers of immunity passes its second reading, UNIAN (18 December 2019)
- ^ (in Russian) Tomenko lost the court of its mandate and will complain to Europe Archived 2022-01-26 at the Wayback Machine, Ukrayinska Pravda (28 July 2016)
BPP Congress moves to terminate powers of MPs Tomenko, Firsov Archived 2016-10-10 at the Wayback Machine, UNIAN (25 March 2016)
"People's deputy of Ukraine VIII convocation Mykola Tomenko". Official portal (in Ukrainian). Verkhovna Rada of Ukraine. Archived from the original on 15 February 2017. Retrieved 9 October 2016. - ^ Rada terminates mandates of Yatsenyuk, eight members of parliament appointed ministers Archived 2014-12-05 at the Wayback Machine, Kyiv Post (2 December 2014)
- ^ Ukrainian lawmakers fall short of half a million dollars in salaries in Jan-Sept for being absent, UNIAN (9 November 2018)
- ^ a b c d Ukrainian parliament finally moves to end multi-voting Archived 2023-03-08 at the Wayback Machine /UkraineAlert by Peter Dickinson, Atlantic Council (2 March 2021)
- ^ Crooked Lawmaking Archived 2013-04-02 at the Wayback Machine, The Ukrainian Week (12 March 2011)
Svoboda faction refuses to recognize Sorkin's appointment as NBU Governor Archived 2013-01-12 at the Wayback Machine, Kyiv Post (11 January 2012)
Ukraine re-elects Mykola Azarov as prime minister Archived 2012-12-16 at the Wayback Machine, Deutsche Welle (13 December 2012)
UDAR MPs prevent voting by card of deputy absent from Kyiv City Council Archived 2014-07-29 at the Wayback Machine, Interfax-Ukraine (20 December 2012)
Ukraine’s Opposition Program Requires Another Revolution Archived 2015-07-13 at the Wayback Machine by Taras Kuzio, The Jamestown Foundation (29 May 2012)
"Yatsenyuk: Ukrainians elected People's deputies but not voting cards". en.for-ua.com. 6 February 2008. Archived from the original on 20 February 2013. Retrieved 11 January 2013.
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' Archived 2012-08-27 at the Wayback Machine, Radio Ukraine (23 June 2012) - ^ a b c Danilova, Maria (5 July 2013). "Ukraine Parliament plagued by multiple voting". Yahoo. Associated Press. Archived from the original on 8 March 2017. Retrieved 7 March 2017.
- ^ Tymoshenko faction deputy denies voting to extend parliament term Archived 2011-02-19 at the Wayback Machine, Kyiv Post (February 2, 2011)
- ^ Crooked Lawmaking Archived 2013-04-02 at the Wayback Machine, The Ukrainian Week (12 March 2011)
Svoboda faction refuses to recognize Sorkin's appointment as NBU Governor Archived 2013-01-12 at the Wayback Machine, Kyiv Post (11 January 2012)
Ukraine re-elects Mykola Azarov as prime minister Archived 2012-12-16 at the Wayback Machine, Deutsche Welle (13 December 2012)
UDAR MPs prevent voting by card of deputy absent from Kyiv City Council Archived 2014-07-29 at the Wayback Machine, Interfax-Ukraine (20 December 2012)
Ukraine’s Opposition Program Requires Another Revolution Archived 2015-07-13 at the Wayback Machine by Taras Kuzio, The Jamestown Foundation (29 May 2012)
"Yatsenyuk: Ukrainians elected People's deputies but not voting cards]". en.for-ua.com. 6 February 2008. Archived from the original on 20 February 2013. Retrieved 11 January 2013.
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' Archived 2012-08-27 at the Wayback Machine, Radio Ukraine (23 June 2012) - ^ ZIK: Dead lawmaker continues to vote in Ukraine parliament Archived 2011-08-30 at the Wayback Machine, Kyiv Post (April 23, 2011)
- ^ (in Ukrainian) Лісін Микола Павлович Archived 2011-08-25 at the Wayback Machine, Official website of the Verkhovna Rada
- ^ Ukraine criminalizes piano voting, UNIAN (19 December 2019)
External links
[edit]
Media related to Members of the Verkhovna Rada at Wikimedia Commons
