Imperative mandate

Imperative mandate is commonly referred to a provision in Ukraine's Constitution in which members of Ukraine's Parliament are bound by the constitution and laws of Ukraine to remain members of the parliamentary faction/bloc in which they were elected.

Parliamentary Assembly of the Council of Europe - Venice Commission

The Imperative mandate provisions have been the subject of criticism by the Parliamentary Assembly of the Council of Europe as being undemocratic. Most recently in the Assembly's report on the Parliamentary Assembly of the Council of Europe - Resolution 1549 (2007) Functioning of democratic institutions in Ukraine ^{(items 8 and 9)}

Cquote|The Assembly calls on the political forces of Ukraine, as a matter of urgency, to resume working on the improvement of the Constitution of Ukraine and the related legislation in order to establish at last an effective system of checks and balances and bring constitutional provisions in line with European standards. Constitutional reform should be part of the discussions aimed at the resolution of the current political crisis. The Assembly expresses its expectation that the Venice Commission will be actively involved in the process of drafting constitutional reform proposals.

The Assembly reaffirms that the recall of people's representatives by the political parties ("imperative mandate") is unacceptable in a democratic state. The relevant constitutional provisions need to be abrogated in line with the recommendations of the Venice Commission in 2004; similar provisions also need to be deleted from ordinary legislation. The Assembly believes that a consistent political programme, responsible and committed party membership and scrupulous screening of parties' candidates are more effective tools for encouraging party and faction discipline.

Ukraine's Constitution

The Imperative mandate provisions are defined in the Constitution and Laws of Ukraine

Thee following extracts from Ukraine's Constitution are related to the Imperative mandate provisions.

Article 78

Where there emerge circumstances infringing requirements concerning the incompatibility of the deputy’s mandate with other types of activity, the People’s Deputy of Ukraine shall within twenty days from the date of the emergence of such circumstances discontinue such activity or resigns as a People’s Deputy.

Article 81

The authority of a People’s Deputy of Ukraine shall terminate prior to the expiration of his or her term in office in the event of:...

(5) his or her failure, within twenty days from the date of the emergence of circumstances leading to the infringement of requirements concerning the incompatibility of the deputy’s mandate with other types of activity, to remove such circumstances

(6) his or her failure, as having been elected from a political party (an electoral bloc of political parties), to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or his or her exit from such a faction;

The pre-term termination of the authority of a People’s Deputy of Ukraine shall also be caused by the early termination, under the Constitution of Ukraine, of authority of the Verkhovna Rada of Ukraine, with such termination of the Deputy’s authority taking effect on the date when the Verkhovna Rada of Ukraine of a new convocation opens its first meeting.

A decision on pre-term termination of the authority of a People’s Deputy of Ukraine on grounds referred to in subparagraphs (1), (4) of the second paragraph of this Article shall be made by the Verkhovna Rada of Ukraine, while the ground referred to in subparagraph (5) of the second paragraph of this Article shall be a matter to be decided by court.

Where a guilty verdict against a People’s Deputy of Ukraine becomes legally effective or where a court declares a People’s Deputy of Ukraine incapacitated or missing, his or her powers terminate on the date when the court decision becomes legally effective, while in the event of the Deputy’s death – on the date of his or her death as certified by the relevant document.Where a People’s Deputy of Ukraine, as having been elected from a political party (an electoral bloc of political parties), fails to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or exits from such a faction, the highest steering body of the respective political party (electoral bloc of political parties) shall decide to terminate early his or her authority on the basis of a law, with the termination taking effect on the date of such a decision.

Article 83

Paragraph six of Ukraine's Constitution states

According to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Verkhovna Rada of Ukraine to include a majority of People’s Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine.

Laws of Ukraine

In addition to the provisions outline in the Constitution the Imperative mandate provisions are reflected in various laws of Ukraine. (See reference to the Council of Europe Venice Commission reports on Ukraine for further information).

External links

* [http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1549.htm Council of Europe] — resolution Functioning of democratic institutions in Ukraine April 19 2007
* [http://assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc07/EDOC11255.htm Council of Europe] — Explanatory memorandum April 17 2007
* [http://www.venice.coe.int/site/dynamics/N_Country_ef.asp?C=47&L=E Council of Europe] — Venice Commission:Ukraine

Constitutional Law