Deprivation of deputy mandates through the court can negatively affect Ukrainian parliamentarism in the future, – according to the expert poll conducted by the Civil Network OPORA.
On September 12, the Higher Administrative Court has obliged the CEC to deprive MP of Ukraine Ihor Markov, who ran in district #133 in Odesa, of his mandate. Sometime earlier, on February 8, similar decision was taken on cases of majoritarian deputies Pavlo Baloha (district #71) and Oleksandr Dombrovskyi (district #11). Therefore, the court has deprived MPs of their mandates, allegedly, on the basis of violations committed during the electoral process and falsification of voting results.
Civil Network OPORA has inquired experts and political correspondents, which assessed the decision of HAC to terminate powers of some MPs, and how it may influence negotiations between Ukraine and EU regarding signing of the Association Agreement. 21 experts, particularly representatives of specialized NGOs, parliamentary journalists and editors of the national media, leading scientists, sociologists, and political scientists, participated in the poll. The poll was conducted through personal interview and remote processing of questionnaires.
71% of experts and correspondents are convinced that the decision of the Higher Administrative Court to deprive Oleksandr Dombrovskyi, Pavlo Baloha, and Ihor Markov of their mandates on the basis of unreliable voting results in single-mandate districts is insufficient, inconclusive, and against regulations of the Constitution of Ukraine and the corresponding laws. 24% of respondents agree that despite some aspects of decisions are logical according to the law, these decisions of the HAC are rather insufficient, inconclusive, and violate regulations of the Constitution of Ukraine, Ukrainian laws, and international acts. Only one expert thinks that the decision is sufficient and conclusive and, despite there are some doubtful legal aspects, the court ruled in correspondence with legislative regulations.
90% of respondents stated that political and other non-legal factors had determinative influence on such decisions of the HAC. Only two persons answered that political and other non-legal factors had the certain influence, but the legitimacy of the decision was taken into consideration.
67% of experts are convinced that the court decision to deprive MPs of their mandates will negatively influence perspectives of Ukrainian parliamentarism. 24% of the inquired think that it can have certain negative influence. Only one respondent answered that it will have the positive influence on Government's activities.
Experts have different opinions regarding the proper reaction of the Verkhovna Rada of Ukraine on decision of the HAC to deprive Oleksandr Dombrovskyi, Pavlo Baloha, and Ihor Markov of their mandates. 38% of the inquired are convinced that the Parliament should have ignored decision of the HAC regarding the certain MPs (O. Dombrovskyi, P. Baloha, I. Markov) with future intention to legislatively regulate the procedure of depriving of mandate due to unreliability of the voting results. 29% are convinced that decision of the HAC should have been ignored as unlawful. Other experts have an opposite opinion. 10% think that decision of the HAC should be implemented and re-election should be appointed. A fourth part of respondents support decision of the HAC and appointment of re-election, but hope that the certain measures will be taken to prevent deprivation of mandates by effective MPs in the future.
Experts have different opinions regarding consequences of the court decision to deprive O. Dombrovskyi, P. Baloha, I. Markov of their mandates. 33% think that it may have negative influence on negotiations between Ukraine and EU regarding signing of the Association Agreement, and 10% are convinced that it will have negative influence. 33% think that such decisions of the HAC cannot influence negotiations on signing of the Association Agreement. 5% of experts answered that the influence will be rather positive than negative. 10% of politologists and journalists couldn't answer this question.
Civil Network OPORA is convinced that the Parliament shall promptly take the corresponding measures when MPs were deprived of mandates by means that are not provided by the Constitution. On this stage, the CEC cannot implement the court decision because the Law provides no form for realization of such cases.
Andrii Kulykov, TV-journalist, hosts a political program Freedom of Speech on ICTV channel.