| People's Deputy of Ukraine | |
| Activity Sector: | Government |
| Competencies: | Legislation |
| Related Occupation: | Government official, President of Ukraine |
A People's Deputy of Ukraine (Ukrainian: народний депутат України|translit=narodnyi deputat Ukrainy) is a member of parliament and legislator elected by a popular vote to the Verkhovna Rada (the parliament of Ukraine). People's Deputies of Ukraine are often referred to simply as the "deputies"; however, regular deputies are members of regional and local councils, while people's deputies are elected to the national parliament, Verkhovna Rada. Prior to 1991, the Verkhovna Rada was named the Supreme Council of People's Deputies of the Ukrainian Soviet Socialist Republic.
The main statutes that define the order of elections, rights and duties of the People's Deputies of Ukraine are outlined in Articles 76 - 81 of the Constitution of Ukraine. There are 450 people's deputies of Ukraine who are elected based on the general, equal and direct electoral right. The deputies may be appointed to various parliamentary positions such as the chairperson (speaker) of the Verkhovna Rada, a head of a committee or a parliamentary faction, etc. Upon their appointment to office each People's Deputy of Ukraine receives a deputy mandate.
People's Deputies that ran for the Verkhovna Rada as self-nominated candidates can join factions if they wish.[1]
Since 2016, in line with new anti-corruption regulations, all senior public officials (thus including People's Deputies) must declare their wealth in an electronic database.[2]
A person may be elected as a People's Deputy of Ukraine if they are a citizen of Ukraine who, on the day of elections, is at least 21 years of age, has the right to vote, and has resided within Ukraine for the last five (5) years.[3] [4] There were number of deputies who before being elected to parliament held the citizenship of Ukraine no more than two years. Among them were Dmytro Salamatin, Vadim Novinsky, and others.
A citizen of Ukraine cannot be elected to the Verkhovna Rada if they have a conviction for committing a crime and that conviction is neither extinguished nor taken out of records by legal order.
Each deputy carries out their duties on a continuous basis.
A deputy may not possess any other representative mandates, be appointed to the state service, be placed in other salaried positions, participate in other paid or entrepreneurial activities (except for teaching, scientific or artistic pursuits), or be a member of a governing body, a supervisory council of a company, or for-profit organization. A candidate that was elected into parliament must submit documents confirming their dismissal from their previous workplace to the Central Election Commission of Ukraine within 20 days after the election.[5]
The requirements for the incompatibility of a deputy's mandate with other types of activities are established by governing law.
If circumstances arise that breach a deputy's mandate to refrain from other activities, they must either cease that activity or submit a personal statement of resignation within 20 days from the discovery of the breach.
On 13 March 2012 the Constitutional Court of Ukraine declared a ban on the participation of public officials and people's deputies in general meetings of for-profit companies or organizations to be unconstitutional.[6]
In October 2016 a requirement was placed upon deputies to declare their wealth. In the first register the 413 deputies cumulatively declared wealth of about $460 million. Reacting to public criticism, deputies cancelled a raise that would have doubled their salary.[7] This measure was part of an Anti-Corruption Package passed into law in October 2014, which was a requirement of international financial support for Ukraine.[8] [9]
Before assuming office, the Verkhovna Rada's deputies must all take the following oath before the parliament:
In original Ukrainian:
In English translation:
Prior to the 2014 Ukrainian parliamentary election the oath was read by the eldest deputy before the opening of the first session of the newly elected Ukrainian Parliament, after which deputies affirmed the oath by their signatures under its text. As of the first session of the newly elected Ukrainian Parliament on 27 November 2014 all the deputies simultaneously read out the oath.[10]
A refusal to take the oath is followed by the loss (forfeiture) of a deputy's mandate.
The authority of a People's Deputy of Ukraine starts from the moment of taking the oath.
Until December 2019, parliamentary immunity was guaranteed to the Peoples' Deputies of Ukraine.[11] This meant that deputies could not be held criminally liable, detained or arrested without the agreement of the Verkhovna Rada.
In December 2019, deputies’ immunity was dismantled, except the stipulation that lawmakers are not legally liable for the results of voting or statements made in parliament and its bodies.[12]
The authority of Peoples' Deputies of Ukraine lapses at the end of the official session (convocation) of the Verkhovna Rada.
The authority of a People's Deputy of Ukraine is terminated early in case of:
The Verkhovna Rada terminates the powers of People's Deputies appointed to the Cabinet of Ministers of Ukraine.[14]
A deputy's absence from parliamentary meetings is countered by withholding salary.[15]
People's Deputy of Ukraine should not be confused with Titushky.
The term tushky is a popular political term which refers to a member of Verkhovna Rada who participates in party switching.
See main article: Piano voting in Ukraine. Knopkodavy (lit. "button-pushers") refers to members of Verkhovna Rada who cast a vote for other members of parliament in their absence. Deputies voting for non-present colleagues is notorious in Ukraine and is also referred to as "piano voting".[16] Multiple deputies have stated they could not take part in votes, but nevertheless their votes were registered in parliament.[17] [18] In April 2011 the vote of a deputy was registered although the man had died four days before the voting.[19] [20]
Voting for other deputies became prohibited by law in February 2013.[21] In December 2019, legislation was passed that made "button pushing" punishable by a fine of ₴3,000-5,000.[22] Both measures did little to cut back or prevent "piano voting".[21] The first attempt to hold an MP legally accountable for "piano-voting" was announced by Prosecutor General of Ukraine Iryna Venediktova on 12 February 2021.
On 2 March 2021, sensor technologies were installed in the Ukrainian parliament that were designed to make it impossible for People's Deputies to vote on behalf of absent colleagues (since they need now to use both their hands for a single vote).[23]