Volodymyr Makeienko: "Believe me; as long as I'm here, everything is right."
The legislation allows Members of Parliament to conduct investigations into any important for the society issue independently from law-enforcement or controlling bodies.
A force majeure happened in Vasylkiv, on 4 June, a half of an hour before the end of voting on the second large PEC. An observer from the opposition candidate has caught red-handed a member of the commission, who was trying to bring passports of five young men into the polling station. Shouts, police, Berkut special units.... It will be later revealed - that member of the PEC, a son of the Commission Head, was intended to secretly register his friends as observers, so that they could help to cover up ballot-box stuffing. At the height of the conflict, while unfortunate falsifier was trying to get off by a lie, a Deputy Head of the Party of Regions Volodymyr Makeienko came to the polling station.
Volodymyr Makeienko consciously violated the rules, which he had personally established with his political colleagues.
During an outbreak of ‘mass hysteria’, the appearance of a politician of a national scale, who has influence on the majority in the Parliament, was barely noticed. Only after 10pm, when a policeman had closed the doors of polling station, Head of the PEC noticed an unauthorized person and asked him to leave. Volodymyr Makeienko didn't have any objections. The MP had left with words, "Its okay, let's follow the rule." However, Volodymyr Makeienko was law-abiding only for a very short time, and returned to the sitting after 10 minutes. Answering to remonstrations from the other MPs and candidates, the member of the Party of Regions answered that he's present in case there would be incidents for the creation of a temporary investigation commission, and added, "Believe me, as long as I'm here, everything is right."
Nevertheless, there was nothing "right" in the situation. The law on elections, supported by 366 MPs, narrows the list of persons entitled to be in a polling station during the vote count. Volodymyr Makeienko wasn't entitled to be present and consciously violated the rules, which he had personally established with his political colleagues. It's difficult to understand actions of the police, which kept everybody out of the premises, but made exclusion for Mr. Makeienko. However, his illegal presence on committee sitting, on the pretext of imaginary temporary investigation commission, is absolutely wrong, as long as such committee is not likely to be created, reasoning from activities of the Committee on Rules of Parliamentary Procedure.
Temporary Inquiry Commissions of the VRU
Temporary Inquiry Commissions of Ukrainian Parliament are called to ensure law and order. According to the regulation, TICs are formed by a number of MPs to investigate issues that are interesting for the society. As long as there are no limits in significance of issues, MPs can conduct investigations into any important for the society issue independently from law-enforcement or controlling bodies. Results of such verification are provided in opinions and propositions, which are later becoming legislative acts according to the decision of Parliamentary majority.
Temporary investigation commissions have considerable advantage over the other Parliamentary instruments, as long as they are created by the simplified procedure. Only one third of the constitutional complement, i.e. 150 MPs, is enough to create a TIC. Therefore, even in minority, MPs can perform their controlling functions, providing that such investigation commission is created. Unfortunately, the Verkhovna Rada of VII convocation has the certain difficulties with this.
Only 2 investigation commissions were created during six months of activities of MPs. The first - on investigating facts of attack against mass media representatives on May 18, the second – to consider falsifications during 2012 Parliamentary elections. A number of other initiatives of MPs are crashed against a rock called the Committee on Rules of Parliamentary Procedure, Ethics and Support to Work of The Verkhovna Rada of Ukraine.
9 against 7 in favor of the government
Despite the decision on creation of a commission is taken by the Parliament, its presence in the agenda of the VR depends on the Committee on Rules of Parliamentary Procedure. Most of Committees have pro-power majority, and TICs are mostly initiated by opposition MPs. Therefore, the result of voting is stably 9 against 7 in favor of the government.
Thanks to the stable majority, pro-governmental MPs can prevent creation of Temporary investigation commissions on the level of committee.
Thanks to the stable majority, pro-governmental MPs can prevent creation of TICs on the level of committee. To reach this goal, members of the Committee rule to return a draft resolution to an author without including it into agenda of the VRU. In such a way, a creation of nearly ten Temporary investigation commissions was blocked on April 17. 2 decisions were proposed for consideration of the Committee. The first concerned putting the draft resolution on the agenda of the plenary session of the Parliament. The second – is an initiative of Volodymyr Makieienko to send the draft resolution for further elaboration without consideration in the Parliament. Head of the Committee has explained his decision by the fact that investigation commissions don’t include members of the Party of Regions. The majority supported Makieienko's initiative. However, according to the Rules of Parliamentary Procedure, "if a deputy faction hasn’t proposed its representatives to work in the commission during the established period, the commission is created without members of this faction."
Two exclusions, which confirm this rule, are 2 effective commissions. However, to tell the truth, they are equally advantageous for both pro-power forces and the opposition. For example, an investigation commission on reconsideration of voting results during 2012 Parliamentary elections. Taking into consideration the way the elections were conducted, denying falsifications in the certain districts would be quite unsuitable. Nevertheless, in practice, this commission didn't manage to legally enter into operation. Sittings of the TIC cannot be held due to the absence of members of the PR, which are needed for the quorum.
The similar situation is in the TIC, which investigating facts of attack against mass media representatives on May 18. Taking into consideration that the incident was widely discussed, and there are enough photo and video proofs, obstruction to the creation of investigating commission would be politically disadvantageous. Therefore, this decision was taken unanimously in the VRU. At the same time, the proposition to create a commission on attack against mass media representatives wasn't supported by either the Committee on Rules of Parliamentary Procedure, or by the Committee on Legislative Support of Law Enforcement.
Reference:
According to the Rules of Parliamentary Procedure, the Temporary investigation commission is created by a number of MPs which have agreed thereto. The quantitative complement of the Temporary investigation commission is formed with consideration of the principle of proportional representation of factions. Propositions on the quantitative and personnel composition of the TIC are submitted in written form by factions within five days after receiving written request on creation of an investigative commission. A commission may include at least one MP from every faction. If a deputy faction hasn’t proposed its representatives to work in the commission during the established period, the commission is created without members of this faction.
The current Verkhovna Rada has created 38 Temporary investigation commissions. However, only 6 of them have finished their investigations and provided the corresponding reports.
Roman Martyn, Andrii Tokarskyi,
Civil Network OPORA