The deputies will hand. What is sought from the Parliament

Депутаты станут ручными. Чего добиваются от Рады

Action in support of political reform was announced as a large-scale, nationwide event, the new Maidan-3.

But in the end, the protest was quickly blown away and resulted in a tent camp near the Parliament a few hundred people. The initial demands of the protesters was never implemented, and new they really have not formulated, says Valery Litvinski in No. 39 magazine Reporter.

The abolition of parliamentary immunity, the creation of an anti-corruption court and the enactment of new electoral legislation — these requirements were combined under the great sign sweeping political reforms. The organizers were going to force the Parliament to immediately consider all three questions. However, to believe that it will be able to get a quick positive decision, was at least naive. But could it stop or at least cool of the protest organizers? No, of course. Because for them it was an opportunity to remind myself, to score points ahead of possible early elections.

Glad the bills considered, but not all approved. Kiev for a rally look, but not supported.

Stolen action

To cook action group “Euro-optimists” began back in the summer. Initially, the initiative was organized by the public movement Honestly, the anti-corruption group of the Reanimation package of reforms, Centre for anti-corruption, MPs Mustafa Nayem, Sergey Leshchenko, Svetlana Zalishchuk, Viktor Chumak, the Democratic Alliance party, Samopomich, Svoboda, and others.

Representatives of the organizing Committee visited different regions, called on citizens to arrive on October 17 in Kiev or to go to rallies in your city. Later, after his breakthrough in the Ukraine, joined the ex-Chairman of the Odessa regional administration Mikhail Saakashvili and his party the Movement of new forces, and the party Batkivshchyna, the national housing movement Automaidan.

Saakashvili predicted a 300-strong meeting. Then the organizers spoke of plans to bring under the Verkhovna Rada of 50 thousand people, closer to the action hoping that will gather not less than 15 thousand, in the end it came out about 4 thousand people. Moreover, the composition of the protesters was incredibly colorful and reminded of the classic protests “for all good against all bad”. 17 October under the Parliament could meet and depositors of failed banks, and Chernobyl, demanding benefits and trade Union representatives of the medical staff. There were “downed pilots” of various kinds: the former Minister and MP Anatoliy Hrytsenko and his party, the Civil position of ex-Deputy Mykola Katerynchuk and the European party, the former head of the SBU Valentin Nalyvaychenko with his new political project Justice.

Parties like Batkivshchyna and Freedom, rather, took part in promotions for the show, bringing several hundred activists and lit up party flags on the camera. But the leaders of these parties at the meeting and has not appeared. Quite another matter — Saakashvili, who immediately tried to privatize the event and turn it into their own benefit. His new forces Movement (NAM) has delegated to the rally, most of the activists, and the emergence of the ex-President of Georgia in the square under the Parliament became the Central event of the conference. Saakashvili does not bother too much and immediately called for a shift to more radical action. “Poroshenko should think, to leave his post”, — Saakashvili said under the approving roar of his supporters.

Депутаты станут ручными. Чего добиваются от Рады

EPA

Saakashvili at a rally outside the Parliament

He also announced the perpetual share than was pretty surprised by the other organizers, as initially this was no agreement.

Already thin, the protest was pretty quick to fade, but Saakashvili supporters of the DNC cheered his performance on the installation of tents. What other organizers had not planned.

Security forces tent performance resisted openly admitted reluctantly and after installation of tents. And the action finally came under the control of Saakashvili.

Camp, the perpetuity of protest statement about early elections and the impeachment of the President — clearly not what I expected, and what was originally invested in the action its organizers. To be a front for the promotion of the figure of Saakashvili, no one special desire was not. The organizers, of course, continued to insist on the original requirements. “The campaign is not intended to expedite elections even if some of its members have such a goal. This is not an ultimatum to the Parliament… it is important to keep the peace in nature,” said Zalishchuk. In this place, along with her colleagues are to be congratulated: now the main task of the initiators of the action is to dissociate themselves from it. Otherwise trouble their political standing.

The eternal question

Meanwhile Bankova began to play in advance. Petro Poroshenko introduced in Parliament a bill to abolish parliamentary immunity. And this is the second such initiative from the President for his term. The essence of the project is not changed, the President proposes to remove from the Constitution the rule that deputies are guaranteed immunity and cannot be prosecuted, detained or arrested without prior consent of the Verkhovna Rada. The norm that MP does not bear legal liability for voting results or statements in Parliament, is preserved.

That is, the President proposes to maintain the political immunity of deputies (parliamentary indemnity) and to terminate the criminal (parliamentary immunity). To take effect such amendments of the Constitution, on the proposal of the President, shall in 2020 — and this is important know-how of the bill (see infographic on page 14). According to Poroshenko, such a rule will contribute to a positive vote of the deputies, because they will not be deprived of immunity directly yourself. But the decision will affect parliamentarians who isseroda in the next convocation of the Rada, and in the subsequent convocations.

In the Parliament was exactly the same parliamentary bill, which, however, provides for the changes to take effect immediately upon adoption, without delay to 2020. The Rada, according to the procedure, sent both bills to the constitutional court, for which voted more than 300 deputies. Now the Parliament will return to consideration of this matter until February 2018.

However, the approach to the issue of parliamentary immunity set out in the bills is quite controversial. During the years of independence the idea of deprivation of immunity of deputies have become eternal and win-win political slogan. In their election programme include all of the party, only to fulfill the promises no hurry. The question of immunity in Ukraine has already submitted to a referendum, and the constitutional court such initiatives sends each new power.

The idea that all are equal before the law, and the slogan Dealt with the corrupt officials who hide behind the mandate is attractive for political rhetoric. But frontal abolition of immunity of deputies in Ukraine could lead to dramatically negative consequences.

In Ukraine there is no authoritative and independent judicial system. Therefore, without the immunity of MPs are vulnerable to manipulation them with criminal cases and prosecutions. Can appear the whole parliamentary group, controlled from the security agencies — the security service, the Prosecutor General of national police, etc. Without parliamentary immunity would not be of Euromaidan, the current authorities would be in prison, not in high offices. Young Ukrainian democracy is not immune from the coming to power of a new authoritarian ruler, so the immunity you need.

Депутаты станут ручными. Чего добиваются от Рады

EPA

These risks were pointed out and the Venice Commission, when it considered the first draft law Poroshenko on the abolition of immunity filed in 2015. The Commission is of the complete abolition of immunity recommended the establishment of other mechanisms that could prevent the abuse of parliamentary immunity. “In countries with unapproved (not developed) democracy, where there is no independent judiciary, are persuasive arguments in favor of more moderate reform, which narrows the concept of immunity and guarantees a specific procedure for its removal and not completely cancel it,” — said in the conclusion of the Venice Commission.

According to the Deputy Chairman of the Central election Commission Andriy Mahera, the Deputy immunity should be restricted, not abolished. For example, to establish that the detention at the place of committing a serious crime to arrest or detention Deputy will not need the consent of Parliament. In other cases, consent will be required, the criminal prosecution of people’s Deputy should occur on a common basis. On the same principle of parliamentary immunity is built in several leading European countries (see table). “At least leave the existing wording of the Constitution is a lesser evil than to cancel the immunity,” — said Mager.

However, to explain to voters why integrity is better to leave much more difficult and not so attractive from the point of view of political capital. So while before the actual vote on the issue is, all political forces unanimously will tell you that they are for the abolition of immunity. To tell you is not to vote.

Eyewash

The second and third requirements of the action sweeping political reforms — the creation of an anti-corruption court (ACN) and the adoption of the law on elections in General have not advanced a single step. Create (AKS) is the Ukraine’s commitments to the IMF and Western partners. His action in launching the crown vertical anti-corruption bodies — NAPC, NABOO and Specialized anti-corruption Prosecutor’s office (SAP) are already working. They work, but corrupt officials escape responsibility. Just because of the vices of the judicial system.

Because of that, and resist the creation of an anti-corruption court many. Poroshenko is just going to have to ask about the development of the consolidated draft, promising to pay it immediately. In response, the activists argue that the working group on the creation of the bill of AKS is delaying the process and urge the President to quickly introduce to Parliament his own project. The main essence of the dispute over the bill — who exactly will control the formation of AKS.

With the new law on elections, the situation is even worse. All the bills are in the Parliament have been registered in this regard, at the request of the activists were considered, and all successfully failed. Elections on open party lists promise all parties, but to vote for such a law no one is ready. Half of the Rada is composed of deputies elected on majority districts, — someone expects that they will themselves destroy their chances to get into Parliament again? MPs years your County Spud, there poured not stolen money from the state budget, and now voluntarily abandon them? It’s certainly not about Parliament.

In search of an exit

Adequately out of stock at least with the illusion of victory is much more difficult than to enter it. Of the achievements by category #Peremoga could be called, except that the direction of the constitutional court of the draft laws on the abolition of parliamentary immunity.

Депутаты станут ручными. Чего добиваются от Рады

EPA

Camp under the Rada

So, the organizers of a Large political reform rushed to privatize a partial victory over immunity and now “will continue to struggle by own strength and means.” Under the Rada only Saakashvili and his Movement, together with joined them by the people’s Deputy Semyon Semenchenko Donbass battalion and Yegor Sobolev. Party Samopomich faction which consists of both deputies, their actions under the Rada called a purely personal initiative.

Total:

  • Saakashvili reminded about yourself. Now it will be harder to extradite from Ukraine.
  • Clear requirements from the people who stay in tents near the Verkhovna Rada, no. That is, — from the field of fierce populism and non-political fiction — “to eliminate the National guard,” etc.
  • Pro-presidential forces have audited the opponents, recovered from the fright and fun laugh.
  • What is left are Happy about, more like a tent camp of Yulia Tymoshenko by the Pechersk court on Kreshchatyk, during the time of Yanukovych. Imitation of protest, meaningless design.
  • For meetings out of sight fell really important things: Parliament disrupted the timing of the budget process and have not considered, as the law requires, in the first reading the draft state budget for 2018 to October 15. Is Parliament only in November. The IMF has pushed back the visit of the next mission to Ukraine, which means moving and the timing of the receipt of the fifth tranche. It is unclear what will be the price of gas for the population, is also the subject of negotiations with the Fund. But the heating season has already started. In General, there are many issues that the country is much more important than rallies with the best of common goals and the interests of individual politicians.

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