INSTITUTE OF DEPUTY INVIOLABILITY: EXPERIENCE OF FUNCTIONING IN UKRAINE AND FOREIGN STATES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)Publication Date: 2020-05-31
Authors : Dakhova Іryna; GurzhiyVictoria; Boriychuk Sophia;
Page : 42-49
Keywords : deputy inviolability; Constitution of Ukraine; Law of Ukraine; indemnity; inviolability; parliament; president; restrictions; fraction;
Abstract
One of the main components of the constitutional legal status of a deputy in democratic states is the guarantee of his activity, among which the parliamentary immunity holds a special place. In today's conditions, given the peculiarities of the status of parliamentarians and the factors influencing it in different countries, there is no single, universal position regarding the advisability of endowing immunity for members of parliament, as well as regarding the establishment of the limits of such immunity. The scientific article is devoted to the study of the institution of parliamentary immunity in Ukraine and foreign countries. In Ukraine, this issue was updated with the entry into force on January 1, 2020 of the Law on Amendments to Art. 80 of the Constitution of Ukraine», which otienen parliamentary immunity, as well as the presence of a constitutional representation of a group of people's deputies to the Constitutional Court of Ukraine on the recognition of this law as unconstitutional, which once again confirms the discussion of this issue. The essence and types of deputy inviolability are revealed; the features of the institution of deputy inviolability are studied and its general characteristics are given in the paper. A detailed analysis of the introduction history of the institution of deputy inviolability secured in legal acts and its concept as an important component of parliamentarism in Ukraine and other states was paid particular attention to in the article. The significant number of the most famous cases of deputy inviolability deprivation over the years of Ukrainian independence is considered in the article. The legal practice of the institution of deputy inviolability in Ukraine is analyzed; the changes that have occurred in the constitutional and legal status of a people's deputy of Ukraine in connection with the adoption of the Law of Ukraine «On Amendments to Art. 80 of the Constitution of Ukraine» are studied in detail in the article. Particular attention is paid to the study of the «indemnity» category and the ratio between the former and deputy inviolability. The opinion of the advantage of a significant restriction of deputy inviolability the degree of which will require further clarification but not a complete deprivation in the world practice was expressed.
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