The Law of Ukraine “On the Status of a Deputy of the Verkhovna Rada of the Autonomous Republic of Crimea”

The Law of Ukraine “On the Status of a Deputy of the Verkhovna Rada of the Autonomous Republic of Crimea”

Date of entry into force: January 16, 2007

The present Law shall identify the legal status of a Deputy of the Verkhovna Rada of the Autonomous Republic of Crimea and establish legal and social guarantees for the fulfillment of their deputy powers.

The present Law shall establish that a Deputy of the Verkhovna Rada of the Autonomous Republic of Crimea (hereinafter referred to as a Deputy) shall be a representative of interests of the population of this autonomy.

A Deputy can be a Ukrainian citizen who has reached the age of 18 on the day of elections, has the right to vote and has been residing in Ukraine for the past five years.

A Ukrainian national who has a criminal record for committing a deliberate crime, provided this criminal record was not cancelled and lifted, according to the procedure established by the law, cannot be elected to the Verkhovna Rada of the Autonomous Republic of Crimea.

A Deputy shall be elected for the period of five years on the basis of the general, equal and direct universal suffrage by way of a secret vote according to the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea and the Law of Ukraine on the elections of deputies.

According to the present Law, powers of a Deputy shall begin on the date of opening the first session of the Verkhovna Rada of the Autonomous Republic of Crimea of a new convocation.

Powers of a Deputy shall be terminated from the moment of opening the first session of the Verkhovna Rada of the Autonomous Republic of Crimea of a new convocation, except for the instances of pre-term termination of powers of a Deputy.

According to provisions of the present Law, powers of a Deputy shall be terminated pre-term in the instance when: · such a Deputy abdicates their powers on the basis of their personal application; · a “guilty” verdict related to such a Deputy comes into legal force; · such a Deputy is recognized incapable or missing by a court; · such a Deputy terminates their Ukrainian citizenship or departs to a permanent place of residence outside the borders of Ukraine; · within twenty days from the emergence of circumstances that result in the violation of the requirements related to the incompatibility of a Deputy mandate with other types of activity, these circumstances have not been eliminated by such a Deputy; · such a Deputy passes away.

The decision on pre-term termination of powers of a Deputy shall be adopted by the majority of votes of Deputies from the overall composition of the Verkhovna Rada of the Autonomous Republic of Crimea.

The decision on pre-term termination of powers of a Deputy may be appealed against in court.

Not later than five days from the date after a Deputy has gained powers, such a Deputy shall be issued an identity card and a breastplate whose patterns shall be approved by the Verkhovna Rada of Ukraine.

A Deputy shall not have the right: · to have some other representative mandate; · to use their deputy mandate for the purposes that are not related to deputy activity; · to combine their deputy activity with some other work.

The present Law shall establish that Deputies shall have equal rights that shall provide for their active participation in the activities of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies and the fulfillment of their deputy responsibilities. A Deputy shall personally exercise their right to vote.

According to provisions of the present Law, the main rights of a Deputy shall include: · to vote on all issues discussed at sessions of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies to which a Deputy was elected; · to elect and to be elected to any office in the Verkhovna Rada of the Autonomous Republic of Crimea; · to reject the nomination in the instance of their nomination to any office in the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies; · to resign on the basis of their personal application, in the instance of their election to any office in the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies; · to put questions to presenters and co-presenters at sessions of the Verkhovna Rada of the Autonomous Republic of Crimea; · to make statements and to submit proposals related to the procedure for holding sessions and for observing the Rules of Order of the Verkhovna Rada of the Autonomous Republic of Crimea; · to make a speech, involving a substantiation for their proposals and the motives for voting; · to propose issues for the agenda of sessions and plenary sessions of the Verkhovna Rada of the Autonomous Republic of Crimea; · to develop drafts of regulations and pieces of legislation, and also other legislative documents and to submit them to the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies for consideration, and also to submit proposals related to changing and amending such drafts, to recall drafts of regulations and pieces of legislation submitted thereby; · to read out addresses and statements at sessions of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies; · to be part of the composition of one deputy faction of the Verkhovna Rada of the Autonomous Republic of Crimea, to work in a deputy faction, to leave the composition of a deputy faction of the Verkhovna Rada of the Autonomous Republic of Crimea, according to the procedure established by the present Law, the Rules of Order of the Verkhovna Rada of the Autonomous Republic of Crimea and other regulations and pieces of legislation of the Verkhovna Rada of the Autonomous Republic of Crimea; · to receive one copy of official publications of the Verkhovna Rada of the Autonomous Republic of Crimea, texts of speeches and information materials of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies, and so on.

The present Law shall establish that a Deputy shall have the right for urgent reception by officials of local bodies of executive power, government bodies of the Autonomous Republic of Crimea, bodies of local government located on the territory of the Autonomous Republic of Crimea, directors of enterprises, institutions, organizations, community organizations, and republican organizations of political parties.

According to the present Law, a Deputy shall: · observe the requirements of the Constitution of Ukraine, the Constitution of the Autonomous Republic of Crimea, Ukrainian laws, the Rules of Order of the Verkhovna Rada of the Autonomous Republic of Crimea, and other regulations and pieces of legislation of the Verkhovna Rada of the Autonomous Republic of Crimea; · be part of a standing commission and an interim commission of the Verkhovna Rada of the Autonomous Republic of Crimea; · be present and personally participate in sessions of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies to which a Deputy was elected; · participate in the work on drafts of regulations and pieces of legislation, and also other legislative documents that are submitted to the Verkhovna Rada of the Autonomous Republic of Crimea for consideration; · personally participate in the votes on issues that are examined by the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies; · fulfill instructions of the Verkhovna Rada of the Autonomous Republic of Crimea, the relevant standing commission, a deputy faction, or the relevant interim commission of the Verkhovna Rada of the Autonomous Republic of Crimea to which a Deputy was elected; · observe the requirements of labor discipline and norms of deputy ethics; · provide the information about the impossibility to be present at a session of the Verkhovna Rada of the Autonomous Republic of Crimea or its bodies to chairs of these bodies in advance; · maintain ongoing relations with voters, study the public opinion, the needs and requirements of the population; · inform voters about their deputy activity at least once a year; · organize personal reception of citizens.

The present Law shall identify the forms for a Deputy of the Verkhovna Rada of the Autonomous Republic of Crimea to exercise their powers at the time of examining proposals, statements and complaints from citizens. Such forms shall include: · a deputy inquiry; · a deputy address.

Based on the results of examining proposals, statements and complaints from citizens, a Deputy may turn to officials of the relevant bodies, enterprises, institutions, and organizations with a deputy inquiry or a deputy address.

A deputy address shall be a proposal of a Deputy to implement certain measures, to provide an official explanation or to present the position on issues included into the competence of the relevant bodies or institutions that is presented in writing and is addressed to local bodies of executive power, government bodies of the Autonomous Republic of Crimea, bodies of local government and their officials, and directors of enterprises, institutions and organizations located on the territory of the Autonomous Republic of Crimea.

It shall be mandatory for a body and officials to examine a deputy address that are the recipients of such an address within ten days from the moment of receiving such an address.

A deputy inquiry shall be a deputy request that was supported by at least one-third of the number of deputies of the overall composition of the Verkhovna Rada of the Autonomous Republic of Crimea at a plenary session of the Verkhovna Rada of the Autonomous Republic of Crimea to local bodies of executive power, government bodies of the Autonomous Republic of Crimea, bodies of local government and their officials, and directors of enterprises, institutions and organizations located on the territory of the Autonomous Republic of Crimea on issues that are included into the jurisdiction of the Verkhovna Rada of the Autonomous Republic of Crimea, if a deputy address on these issues that had been submitted prior to such an inquiry was not satisfied.

A body or an official that is the recipient of the relevant deputy inquiry shall submit an official written reply to a Deputy not later than within a fifteen-day period.

Provisions of the present Law establish the forms for carrying out deputy activity. These forms shall include: · participation in sessions of the Verkhovna Rada of the Autonomous Republic of Crimea and its Presidium; · participation in the work of standing and interim commissions and also working groups set up by the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies respectively; · the work on drafts of regulations and pieces of legislation, and also other legislative documents of the Verkhovna Rada of the Autonomous Republic of Crimea; · participation in the work of deputy factions of the Verkhovna Rada of the Autonomous Republic of Crimea; · participation in deputy hearings and public hearings; · the fulfillment of instructions of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies; · participation in sessions of local bodies of executive power of the Autonomous Republic of Crimea and bodies of local government in the Autonomous Republic of Crimea with the right for advisory vote; · the submission of deputy inquiries and addresses; · the work with voters.

The discussion and solution of issues by Deputies shall take place at sessions.

Upon a decision of the Verkhovna Rada of the Autonomous Republic of Crimea, a Deputy shall participate in the work of an interim deputy commission.

The present Law shall provide for a possibility of setting up deputy factions in the Verkhovna Rada of the Autonomous Republic of Crimea. Deputy factions shall constitute a form for uniting Deputies in the Verkhovna Rada of the Autonomous Republic of Crimea.

Deputy factions shall have the right for: · the proportional representation in standing and interim commissions of the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies; · preliminary discussion of nominations for offices that shall be elected, appointed or agreed by the Verkhovna Rada of the Autonomous Republic of Crimea; · a guaranteed possibility for a representative of the relevant deputy faction to make a speech, upon request of such a deputy faction, at a plenary session of the Verkhovna Rada of the Autonomous Republic of Crimea on an issue from the agenda of the relevant session or the relevant plenary session that is being discussed; · the exercise of other rights envisaged by the present Law, the Rules of Order of the Verkhovna Rada of the Autonomous Republic of Crimea and other regulations and pieces of legislation of the Verkhovna Rada of the Autonomous Republic of Crimea.

According to the present Law, the Verkhovna Rada of the Autonomous Republic of Crimea and its bodies shall provide for the necessary conditions for Deputies of the Verkhovna Rada of the Autonomous Republic of Crimea to effectively exercise their powers.

A criminal case related to a Deputy may be initiated by the Prosecutor General of Ukraine, their deputies, a prosecutor of the Autonomous Republic of Crimea, or a court.

The present Law shall envisage that a Deputy may have no more than ten assistants and consultants that shall work in the Verkhovna Rada of the Autonomous Republic of Crimea on a voluntary basis.

An assistant or a consultant of a Deputy may be only Ukrainian national that has secondary, vocational or higher education and is fluent in the official language.

In the instance of electing a Deputy to an office where they will work on a permanent basis, the labor contract with such a Deputy at their previous place of employment shall be terminated according to the law.

Labor remuneration of Deputies that work on a permanent basis in the Verkhovna Rada of the Autonomous Republic of Crimea shall be paid at the expense of funds of the Budget of the Autonomous Republic of Crimea according to the procedure specified by the Cabinet of Ministers of Ukraine.