Tomenko filed lawsuit regarding deprivation of deputy mandate to Supreme Administrative Court

Unseated MP Mykola Tomenko has filed a lawsuit regarding the deprivation of deputy mandate to the Supreme Administrative Court of Ukraine.

Censor.NET reports citing Tomenko's press service.

In particular, he claims to recognize wrongful and cancel the decision of the XII extraordinary congress of the Petro Poroshenko Bloc of March 25 "On early termination of powers of the People's Deputy of Ukraine Mykola Tomenko."

Mykola Tomenko points out that according to Paragraph 5 of Article 81 of the Constitution of Ukraine, "in case of a failure by a people's deputy of Ukraine elected as a member of a political party (an electoral block of parties) to join a deputy faction of such political party (an electoral block of parties) or in case of termination of the membership of people's deputy of Ukraine in such faction, the power of such deputy shall be subject to an early termination on the basis of a law by virtue of a decision of the supreme body of the relevant political party (an electoral block of parties) from the date of adoption of such decision."

Thus, the constitution establishes the relevant law a mandatory prerequisite for the pre-term termination of authority of a national deputy of Ukraine if the MP leaves the fraction. If such law is absent, the decision of a party congress is not a sufficient ground for pre-term termination of powers of a people's deputy.

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Tomenko also cites the conclusion of the Venice Commission, which stated that "mandatory membership of a national deputy in a parliamentary faction or bloc violates the independence of the MP and may be considered unconstitutional, taking into account the fact that members of the Parliament should represent all the people, not the party to which they belong". In addition, the Venice Commission noted that the imperative mandate provision "... gives political parties the right to annul the elections results," which "can lead to a weakening of the Verkhovna Rada because it might prevent the implementation of a free and independent mandate of people's deputies, who may find themselves in a situations when they can not stick to their own beliefs and at the same time be members of the parliament."

In addition, the conclusion of the Venice Commission has repeatedly been included in the PACE resolutions on Ukraine, while its implementation is the responsibility of Ukraine as a member of the Council of Europe. Therefore, Tomenko says, the decision of the PPB extraordinary congress on the deprivation of his deputy mandate does not match the Paragraph 5 of Article 81 of the Constitution of Ukraine, and is, therefore, subject to cancellation.

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Источник: https://censor.net.ua/en/n382354