The report refers to two provisions of the election law, which have been modified as a result of the adoption of the Law “On Amendments to the Law of Ukraine “On Elections of People’s Deputies of Ukraine” regarding the exclusion of candidates for people’s deputies from party lists in multi-mandate constituency” dd 16.02.2016 №1006 -VIII.
According to the authors’ presentation, i.e. 49 people’s deputies, part 3 of Article 105 and part 9 of Article 61 of the Law “On Elections of People’s Deputies of Ukraine” (in wording of the Law № 1006-VIII), congress gives party the right to change people’s will and the election results. The legal positions of the first composition of the Constitutional Court can help the Court in addressing the dispute. Indeed, in 1998, when the notion of “mixed system of elections” appeared, the Court pointed out that the results of the parliamentary elections are the total number of mandates that belong to the list of nominated candidates. That is, the list itself is not subject to any changes.
Obviously, the provision extending the application of the innovations in the party lists, formed for the extraordinary elections in 2014, is unconstitutional. There is also a precedent – the first decision of the CCU in its history (the case of incompatibility of the deputy mandate).
Therefore, if the Court apply the view of its predecessors, the solution in this matter becomes evident.
Source of information: Law and Business