State sovereignty under martial law
Draft bill #8345 of January 10, 2023
Cosponsors: a group of MPs from factions Servant of the People, Trust, and Holos
Who is affected: MPs, in particular, from the banned Opposition Platform — For Life party, the Cabinet, the President, ministries, local governments, voters, citizens, and businesses.
Summary of the bill:
- the bill provisions that if a political party is banned, MPs nominated by this party become legally recognized as such who failed to join the parliamentary faction of this party
- the Central Election Commission will be allowed to act as the highest ruling body of a banned political party to enforce the early removal of MPs due to their failure to join the faction of their party. The procedure proposed by the bill is for the Ministry of Justice to prepare a respective request to the CEC that has to be considered within 15 days
- MPs from the banned parties will not be allowed to be replaced.
Why this is important: one of the legal grounds for the removal of MPs is a failure to join the faction of a political party that nominated this MP. The decision has to be made by the party’s highest ruling body.
What is right: the bill fills in a legal gap on how to replace MPs from banned political parties. Currently, the refusal of the CEC to register MPs from the banned Opposition Platform — For Life party is not backed up by law and can be challenged in court.
What is wrong: the draft bill is trying to change concepts and procedures defined in the Constitution. Without changes to the Constitution, innovations proposed by the draft bill will be unconstitutional.
Alternative solution: MPs suspected of working for the enemy or other major offenses should be prosecuted in court. Also, it is necessary to strip MPs from the banned parties of access to classified information and high positions in parliamentary committees.
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