Shokin can regain chair of the Attorney General through the court

  • Shokin can regain chair of the Attorney General through the court

Kyiv: Recently, there have been published documents proving the intervention of US Vice President Joseph Biden in the internal affairs of Ukraine. As it turned out, this interference and pressure were dictated by his personal interests, which he lobbied under cover of supposedly allocation of $ 1 billion loan for Ukraine. The main task was the resignation of Viktor Shokin from the post of Attorney General. The voting process in Ukrainian parliament passed with breaking of law, regulations and the Constitution. The number of votes required for the resignation was recruited through the so-called "knopkodavstvo" - non-personal voting of PM. The former Attorney General filed a lawsuit to the Supreme Administrative Court of Ukraine with a view to declaring his dismissal unconstitutional. He stated to the legal and factual circumstances, which are essential to the court's decision in his favor. He said that in accordance with Article 84 of the Constitution of Ukraine voting at the sessions of the Verkhovna Rada of Ukraine is carried out by each deputy personally, but these constitutional orders that were grossly violated during the voting on granting consent to dismiss Shokin from the post of Attorney General.

Non-personal voting of PM is the main scourge of Ukrainian parliament

The problem of indirect voting in the Ukrainian parliament has been a large-scale and permanent phenomenon during a long time. Deputies of different factions, not embarrassed by the cameras or the consequences, vote for themselves and for another MP. There are a lot of examples, photos and video evidence in the web, but no one has been able to outbid the representatives of the deputy group "Vidrodzhennya" so far. For example, Anton Yatsenko, who during the voting for the bill of the Cabinet of Ministers №4647 "Draft Law on Amendments to the Law of Ukraine" nn motor roads with respect to highways of defense importance, "managed to vote instead of the SIX PM»

It is worthwhile to separately identify colleague and colleague Yatsenko on "Vidrodzhennya", Dmitry Svyatash who also was repeatedly caught in non-personal voting during the absence of his colleagues in the parliament. For example, Svyatash (as was the case with Shokin) can always rely on Khomutynnik, Geller, Bondar, Berezkin, or on Yatsenko that they will push the buttons instead of him. (Which is confirmed by this video http://exo.in.ua/?page=new&id=37334). Thus it can be concluded that the Deputy Group "Vidrodzhennya" is a real example of friendship and mutual assistance in the Verkhovna Rada.

A similar precedent has already been before the European Court of Human Rights. This is the case of "Alexander Volkov against Ukraine", in which the ECHR came to the conclusion that failure to comply with the requirements of Article 84 of the Constitution of Ukraine and Article 47 of the Rules of the Verkhovna Rada of Ukraine on the personal presence of PM at parliamentary sessions and participation in voting should be regarded as a violation the principle of legal certainty and the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

So, Shokin's lawsuit has all the legal grounds for consideration, and the ex- Attorney General has an opportunity to regain his post. The decision remains with the Supreme Court. The hearing of the claim on the illegality of the decision by the Supreme Administrative Court of the decision is scheduled for consideration by the Supreme Court of Ukraine on July 11.

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