Archive for July 13th, 2012

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Constitutional Court rules on the issue of immunity

July 13, 2012

As regular readers will know, I have been following the attempts to remove the absolute immunity MPs currently enjoy and the limitations of those immunities to something similar to UK’s parliamentary privilege.

Well, the Constitutional Court has ruled.  It has also ruled very much as I expected it to rule.

MPs can indeed be stripped of their absolute immunity retaining immunity only against prosecution relating to how they vote on an issue and the results and impact those votes have.  Very good and there should be much rejoicing if the bill actually gets through its second reading and receives presidential signature after the RADA recess concludes in September.

Also unsurprisingly the absolute immunity for the holder of the office of President remains and its removal deemed unconstitutional.

Absolute immunity also remains for judges, although they are so beholding to the politicians for their office and ability to be sacked from office, in effect they have no immunity if they cross the most powerful of Ukrainian society.  What judges need is absolute immunity from political interference, but one fears that is still some time away unfortunately.

Anyway, that is the result which is final and without appeal process.  It therefore makes Arseniy Yatseniuk’s plan to remove the current president an almost impossibility, not that it is a campaign based on any real legal hope in the first place.  Just empty electioneering rhetoric.

But there we have it.  Yet another step closer to the removal of absolute immunity for MPs.  I am starting to think it may actually happen (at least on paper).

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