Constitutional Court judgment on faction shifting in parliament

The Constitutional Court has declared unconstitutional the provisions in Article 13 § 5 and 6 of the Law “On the Status of a Ukrainian National Deputy” regarding free withdrawal of National Deputies from their faction, as well as their non-alliance to any registered deputy faction.

The Constitutional Court also issued interpretations of the terms “non-alliance” [“nevkhodzhennya”] and “withdrawal” [“vykhid”].

“Non-alliance” of a National Deputy elected as member of a political party (electoral bloc of political parties) to the deputy faction of this political party (electoral bloc of political parties) entails the rejection in the legally established manner of membership of the deputy faction formed by national deputies elected from the political party (electoral bloc of political parties).

According to the Court’s explanation, “withdrawal” of a National Deputy from the coalition is the cessation according to legally established procedure of the Deputy’s membership of the registered deputy faction whose candidate list he or she was elected to.

The Constitutional Court has also stated that a National Deputy must remain in the deputy faction of the political party or electoral bloc whose candidate list he or she was elected to.