Deprivation of state awards

Deprivation of state awards 

Draft bill #8407 of January 31, 2023 

Cosponsors: a group of MPs from European Solidarity and Servant of the People factions 

Who is affected: the President, the Office of the President, members of the State Commission for Awards and Heraldry, and persons awarded with state awards 

Summary of the draft bill: 

• the State Commission for Awards and Heraldry under the President will be able to preliminary consider deprivation of state awards 
• the President will be able to deprive a person of a state award in the following cases: 
  • a person requests to take back the award 
  • at the request of the court if a person is convicted or his or her assets are recognized as unsubstantiated and eligible for confiscation 
  • at the request of the National Security and Defense Council if a person is under sanctions, took part in the aggression against Ukraine, or provided falsified information, false documents, or concealed information and thus received the state award under false pretenses 
  • at the request of the SSU if a person receives an award from the aggressor state, has citizenship of the aggressor state, violated the law on martial law, or is a member of the banned political party 
• after the presidential decree depriving of a state award is passed, the person in question loses the rights to privileges to which this award entitles. 

What is right: the bill introduces a mechanism to deprive a person of a state award. Currently, there are two procedures to deprive a person of a state award in Ukraine: by a court decision for committing a grave or severe offense or if the state has imposed sanctions against the person. Both procedures are lengthy and can be applied selectively. At the same time, among those who received state awards, there are supporters of the Russian aggression against Ukraine, and it is currently hard to deprive them of state awards. 

Additional information: MPs from the Holos faction registered an alternative draft bill (8407-1 of January 31, 2023) proposing to grant the President the powers to deprive a person of a state award in the following cases: a person is ruled guilty of certain crimes; a person committed a grave or severe offense; the state imposed sanctions against the person.