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Court rejects Speaker’s duty to ensure MP personal voting

08.03.2013    source:

The District Administrative Court in Kyiv has rejected a suit brought by the UDAR political party and other claimants against the Speaker of the Verkhovna Rada, Volodymyr Rybak.  The suit had asked for the court to find the actions and inaction of the Speaker with respect to the failure of MPs to vote in person unlawful.

The court concluded that the Speaker is not obliged to exercise control in order to ensure that MPs comply with the Parliamentary Regulations and the Constitution on personal voting.

“Such a position by the court is in our view flawed and wrong since the norms of the Regulations envisage that the Speaker at a plenary session carries out control over MPs’ observance of the Regulations”, Vitaly Plukar, on behalf of the claimant said.

He informs that the party will be appealing against the court’s ruling which he calls the latest confirmation that court rulings are not determined by norms of the law, but by the norms of “telephone law”.

The suit was lodged on 22 January and related specifically to the failure to respond to MPs voting for absent colleagues during the vote for the removal of Arbuzov from his post as head of the National Bank of Ukraine. 

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