The election of a new ombudsman occurred with violation of the procedure. People’s deputies insist on this, providing a comprehensive list of deviations from the Verkhovna Rada Regulations. First of all – on the order of voting.
As stated in the petition that was sent to Zhylyanska Street, on 15 March the Verkhovna Rada elected the Parliamentary Commissioner for Human Rights, not adhering to the requirements for balloting procedure indicated in the relevant law. Instead, the “fresh” rule of the Regulation was applied, which, inter alia, was approved as the “trailer” to the new wording of the Law “On the Constitutional Court of Ukraine”.
Moreover, as the People’s Deputies point out, there was the manipulation by the Speaker during the consideration of amendments to the draft law on the Constitutional Court (No. 6427-d). Since the People’s Deputy voiced the proposal to support the balloting procedure of electing an ombudsman, but the Speaker called the number of the amendment related to another provision.
It seems that neither the majority MPs who voted at this point “in favor” or those who subsequently emendated both laws did not understand what was exactly approved. Thus, at the time of Lyudmila Denisova‘s election, there were two rules of the same level, but with the opposite content. And now the Constitutional Court must determine whether the process which in fact does not depend on the will of the People’s Deputies can be called lawmaking.
However, there are claims to the authors of the petition and to the election procedure of the ombudsman, which lasted for almost a year. And now L. Denisova`s tenure of office depends on whether the CC will be as principal as during ruling the unconstitutionality of laws on language policy or referendum.