Restriction for persons representing banned political parties to participate in state management

Draft bill #9081 of March 6, 2023 

Cosponsors: a group of 13 MPs 

Status: preparations for consideration 

Who is affected: persons who were MPs, local councilors, or community heads when martial law was declared and were nominated for their positions by the banned political parties, the CEC, and voters 

Summary of the bill: 

• persons who were MPs, local councilors, or community heads when martial law was declared and were nominated for their positions by the banned political parties will be banned from running for the Parliament or local governments 

• candidates who will run for the Parliament, local councils, or community head positions will be required to submit declarations that when martial law was declared they were not MPs, local councilors, or community heads nominated by the banned political parties 
• the ban on running for office will be in effect for the next ten years. 

What is wrong: 

• the part of the bill prohibiting citizens from running for the Parliament is unconstitutional. The Constitution gives a comprehensive list of requirements for candidates running for the Parliament, and this list cannot be expanded by laws or other legal acts 
• the bill does not cover the period between February 20, 2014, when Russia’s armed aggression started, and February 24, 2022 

• persons in question will still be able to be judges, hold other political offices and public service positions, and run for the presidency 

Alternative solutions: 

a) to abandon the idea of large-scale lustration of persons involved with the banned political parties. Instead, to investigate the activities of persons suspected of criminal acts and bring them to justice 

b) to develop special detailed legislation on lustration that will cover all public offices that cannot be held by persons involved with the banned parties. 

Alternative draft bill #9081-1 of March 7, 2023 

Cosponsors: a group of 12 MPs 

Status: preparations for consideration 

Who is affected: persons who were or will be elected MPs, local councilors, or community heads during the period between the start of the temporary occupation of the territory of Ukraine and the full liberation of the Ukrainian territory and were nominated for their positions by the banned political parties (or were or will be members of factions of these parties), the CEC, and voters 

Summary of the bill: 

• persons who were or will be elected MPs, local councilors, or community heads during the period between the start of the temporary occupation of the territory of Ukraine and the full liberation of the Ukrainian territory and were nominated for their positions by the banned political parties (or were or will be members of factions of these parties) will be prohibited from running for the presidency, the Parliament, local governments, or community head positions 
• candidates who will run for the Parliament, local councils, or community head positions will be required to submit declarations that they were not elected MPs, local councilors, or community heads during the period between the start of the temporary occupation of the territory of Ukraine and the full liberation of the Ukrainian territory as nominees of the banned political parties and were not members of factions of these parties 
• persons who were elected MPs, local councilors, or community heads during the period between the start of the temporary occupation of the territory of Ukraine and the full liberation of the Ukrainian territory and were nominated for their positions by the banned political parties (or were members of factions of these parties) will not be eligible to become members of the Cabinet of Ministers or hold category A positions in civil service 
• restrictions proposed in the draft law will be in effect for the next ten years. 

What is wrong 

• the part of the bill prohibiting citizens from running for the presidency or the Parliament is unconstitutional. The Constitution gives a comprehensive list of requirements for candidates running for the presidency or the Parliament, and this list cannot be expanded by laws or other legal acts 
• persons in question will still be able to be judges, hold category B and category C positions in civil service, and hold positions in local governments.