Journal article Open Access

Issues Regarding Abolishment of the Parliamentary Members' Immunity: Ukraine and International Experience

A.O. Penska N.V. Shevchuk

The article deals with the institute of parliamentary immunity particularly parliamentary privileges. Scientific views for comprehensive understanding and right interpretation of the parliamentary privileges have been provided. The authors focus on the lack of universal terminology for definition of the principle of immunity in foreign legislation. Two models of parliamentary immunity in foreign have been described and their peculiarities have been investigated. The types of parliamentary privileges in foreign legislation have been identified and their classification according to the set of immunity and duration has been provided. The authors focus on the peculiarity of foreign legislation regarding the procedure of bringing the parliamentary member to liability for the offences prior to his/her tenure. It has been stated that full abolishment of parliamentary privileges regarding criminal prosecution is not possible in most European states. Limitations of parliamentary privileges in European practice have been established. The authors investigate more thoroughly legal regulation of parliamentary immunity in Poland and Germany.

The authors state that legal regulation of parliamentary privileges in Ukraine was an area of abuse of powers by the people’s deputies and a tool to avoid responsibility. The Law of Ukraine No. 7203 ‘On Amendments to Art. 80 of the Constitution of Ukraine (regarding immunity of the people’s deputies of Ukraine)’ which will be effective from January 1, 2020 has been analyzed. But the authors mention that full deprivation of privileges will be an obstacle for their protection and creation of respective parliamentary working conditions. The authors think it is not necessary to abolish parliamentary immunity but to change its formula by limiting the sphere of its application during the parliamentary session, simplifying the procedure of abolishing immunity and excluding grievous offences, arrest during or after commission of a crime. 

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