President vetoes law on moral damages according to “status”

On 1 December President Yushchenko used his power of veto over the Law “On amendments to Ukraine’s Civil Code on compensating moral damages” (reg. No. 4332 from 08.04.09) and returned it, with his suggestions, for further consideration by the Verkhovna Rada.

The President’s suggestions during the parliamentary plenary session will be presented by the Deputy Head of the President’s Secretariat and Presidential representative in the Constitutional Court, Marina Stavniychuk.

The President agreed with the point of view put forward by the National Commission for the Affirmation of Freedom of Speech that determining the amount of compensation depending on the status of the person who has been harmed, as well as the material situation of the person who inflicted such harm is in contravention of Ukraine’s Constitution according to which all are equal before the law. The criteria introduced by the Law also fail to comply with the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms.

The National Commission for the Affirmation of Freedom of Speech recommended that the President veto this law since its norms could be used to apply pressure on media outlets and journalists. The Media Law Institute also called for a veto.

The Law “On amendments to Ukraine’s Civil Code on compensating moral damages”, drawn up by National Deputies Oleksandr Lavrynovych and Andriy Portnov was passed by the Verkhovna Rada on