"The bill will be hidden": what will happen to the law on fines for officials for failing to appear at a summons to the Rada after Zelenskyy's veto
Kyiv • UNN
Ukrainian President Volodymyr Zelenskyy vetoed law No. 11387, which provides for increased fines, including for contempt of court and ignoring appeals from the Verkhovna Rada. A source in parliament claims that the bill will not be finalized by the relevant committee.
Ukrainian President Volodymyr Zelenskyy vetoed a law that, among other things, establishes liability for ignoring appeals from the Verkhovna Rada. A source from UNN in parliament notes that "the bill will be hidden," and the relevant committee – on law enforcement – will not finalize it.
Details
In September, the Verkhovna Rada of Ukraine adopted in the second reading and in general bill No. 11387, which provides for changes to a number of regulatory legal acts – in particular, the Code of Ukraine on Administrative Offenses, the Criminal and Criminal Procedure Codes.
The document provides for an increase in a number of fines and the establishment of new ones. In particular, the fine for showing disrespect to the court or the Constitutional Court of Ukraine is increased.
Fines for contempt of court
For contempt of court, expressed in malicious evasion of appearance in court by a witness, victim, plaintiff, defendant, or in disobedience of these persons and other citizens to the order of the presiding judge or in violation of order during a court session, as well as committing any actions that indicate clear disrespect for the court or the rules established in court, the fine is set at 1700 to 3400 hryvnias instead of the current 850 to 2550 hryvnias.
For a repeat offense - from 3400 hryvnias to 6.8 thousand hryvnias instead of the current 2550 hryvnias to 4250 hryvnias.
For malicious evasion of appearance in court by an expert, specialist, or interpreter, a fine of 1700 to 3400 hryvnias is established. Currently, the fine for such an offense is 340 to 1700 hryvnias.
For non-fulfillment by a guarantor of obligations imposed by the court during proceedings in cases of administrative claims regarding the detention and expulsion of foreigners and stateless persons, a fine is set at 3400 to 5100 hryvnias, instead of the current 2550 hryvnias.
For disrespect of the Constitutional Court by participants in the proceedings, a fine is set at 3400 to 6800 hryvnias. Currently, such an offense provides for a fine of 340 to 1700 hryvnias.
Responsibility for ignoring appeals from the Verkhovna Rada
According to the bill, administrative liability is established for:
- untimely, false, or incomplete response to an appeal from a people's deputy, committee, or temporary investigative commission: 5950–8500 hryvnias;
- failure to appear at a plenary session without a valid reason: 13000–17000 hryvnias.
Protocols can be drawn up by authorized persons of the VRU Apparatus. If an official, civil servant, or other person invited by the investigative commission does not appear at the meeting of the temporary investigative commission, it has the right to decide on the application of a summons to them, the execution of which is ensured by the National Police bodies.
A summons consists of the forced escort of the person to whom it is applied, by the person executing the decision on the summons, to the place of their call at the time specified in the decision.
Non-execution of a court order for a summons
The Code of Ukraine on Administrative Offenses is supplemented by a new article 1856-1 Failure to take measures regarding a court order for a summons:
- 1700–2550 hryvnias - for ignoring the order without explanation;
- 2559–3400 hryvnias - for unjustified non-execution of the summons.
President's veto
On October 4, Ukrainian President Volodymyr Zelenskyy vetoed the said law with his own proposals.
In particular, regarding the part on establishing liability for officials who ignore the Rada's summons, the President emphasizes that "the novelties proposed by the law do not take into account, in particular, the political and legal nature of the Ukrainian government's responsibility to parliament, as well as the limited forms of parliamentary control by constitutional norms, in particular Articles 85, 87, 113, 115 of the Constitution of Ukraine."
Thus, Zelenskyy returned the law for reconsideration by the Verkhovna Rada of Ukraine with a proposal to reject it.
What they say in the Rada
Sources from UNN in parliament note that "the bill will be hidden."
"The committee does not plan to finalize it or overcome the veto in the Rada," the source said.
The source also added that "they do not see the potential in the committee for this, let alone among parliamentarians."
It should be noted that if the President of Ukraine proposes to reject an adopted law, a vote is held on rejecting the law as a whole. If the proposal to reject the law as a whole is supported by a majority of votes (226 votes - ed.) of people's deputies from the constitutional composition of the Verkhovna Rada, the law is considered rejected.
However, if the President's proposal to reject the law as a whole is not supported by the Verkhovna Rada, a vote is held on re-adopting the law as a whole (overcoming the veto), and it is considered adopted as a whole if it receives at least two-thirds of the votes of people's deputies, i.e., 300 votes.