49 Members of the Verkhovna Rada have signed a submission to the Constitutional Court with a request to rule as unconstitutional the ‘party dictatorship’ law, which allows the parties to expel the unfavorable candidates from the electoral lists.
MPs believe that the ability to expel the candidates for parliament from the party lists based on the decision made at its convention is in conflict with Article 5 of the Constitution, according to which the people are the only source of power in Ukraine. Also they reminded that the Constitutional Court had interpreted Article 5 back in 2005 and ruled that the results of people’s will obtained as a result of the election are mandatory.
Referencing the law on election, MPs point out that the results of parliamentary election constitute the approval and support of the party list in its entirety, as well as its order of candidates, therefore adjustment of the list by the party after the election, according to them, means usurping the people’s authority by the party and the alteration of the election results.
Moreover, MPs believe that the application of this law to the party lists for the 2014 parliamentary election precludes Article 58 of the Constitution, which states that the laws have no reverse action in time, except when they mitigate or cancel responsibility of a person.
Also MPs note that this law contradicts part 3, Article 22 of the Constitution, which forbids the constriction of existing rights and freedoms when adopting or amending laws, due to the fact that, according to them, it restricts the citizens’ electoral rights.
Overall, the submission was signed by 19 MPs from the faction “Petro Poroshenko’s Block”, five MPs from “People’s Front”, four from the group “Will of the People”, one from each of the following: “Revival”, “Fatherland”, and “Self Reliance”, as well as 18 independent MPs.
Source: Leviy Bereg