Parliamentary instruments should not be used for private interests - statement of crime
Law enforcement agencies should assess whether an MP is using the parliamentary research tool in private interests. Involvement of the Research Service of the Verkhovna Rada in tasks not provided for in its Regulations has signs of corruption.
This was agreed upon by the members of the Bar Council of Ukraine (meeting is taking place today, February 21, in Uzhhorod) during the discussion of the situation around the publication of a parliamentary study containing conclusions about the inconsistency of some decisions of the Bar Council with the Law «On the Bar and Practice of Law».
As a reminder, information about a parliamentary study «on current issues of the legal framework for the organization and operation of the Bar in Ukraine and bar self-government guaranteed by the state» prepared by the Research Service of the Verkhovna Rada has recently appeared on social media.
As it has become known, Larysa Kryvoruchko, whose right to practice law was terminated last year by the QDCB of Zakarpattia region, on January 30 appealed to MP Yuriy Kamelchuk with a request to initiate a parliamentary study of the current problem of state policy in the field of the Bar. The MP turned to the Research Service, which produced a 15-page study on the same day.
Based on this, the former lawyer demanded the termination of the activities of the bar, including the Qualification and Disciplinary Commissions of the Bar (QDCB), and also sent a parliamentary study to all courts of appeal, the Supreme Court and the Constitutional Court to be taken into account when making court decisions.
The members of the BCU noted that since the registration of the person's appeal, its transfer to the Research Service, as well as the processing and production of the voluminous material took place on the same day, this gives reason to believe that the MP only formally registered the appeal of L. Kryvoruchko and transferred it to a state institution in order to legalize the previously prepared conclusion in the wording required by the interested parties.
The extraordinary speed of the study raises reasonable doubts about its objectivity, the lawyers believe, and may indicate prior coordination of actions, a coordinated scheme that creates risks of corruption and the use of parliamentary mechanisms to ensure private interests.
MP Yulia Yatsyk, who was present at the meeting, also assessed the strange behavior of her colleague. «I am outraged by such work aimed at undermining the authority of the bar community and the practice of law. Unfortunately, we have cases when such stories go beyond Ukraine, they are perceived very negatively by the international community», - she said.
The MP noted that the work of the Research Service does not allow for interference in the activities of existing bodies, but is only aimed at assisting MPs and preparing analytics on certain issues for internal use. Moreover, the Regulations on the Service clearly state that the conclusions are not the official position of the Verkhovna Rada. «In this case, we can talk about exceeding the powers of the MP», - said Y. Yatsyk.
Earlier, Volodymyr Vatras, a member of the Verkhovna Rada Committee on Legal Policy, chairman of the subcommittee on organization and activities of the Bar and legal aid agencies, also studied this issue. He emphasized that the main tasks of the Research Service are research, information and analytical support of the activities of the Verkhovna Rada, its bodies, MPs of Ukraine, and parliamentary factions (deputy groups). The Service prepares written analytical and informational materials, including parliamentary research. The latter is a comprehensive analytical compilation related to the study of draft laws under consideration in the Verkhovna Rada, other topical issues of public policy, and the assessment of the effectiveness of the implementation of the adopted legislative act.
The Bar Council of Ukraine took note of the information. Taking into account the established circumstances, the UNBA filed a corresponding appeal to the State Bureau of Investigation, the Security Service of Ukraine, the National Agency for the Prevention of Corruption and the Prosecutor General's Office about the commission of a number of criminal offenses by a group of persons by prior conspiracy.
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