President Viktor Yushchenko signed a law that provides for the criminal and administrative immunity of local council deputies. This was reported by the press service of the head of state.
According to the law "On Amendments to the Law of Ukraine 'On the Status of Local Council Deputies,' a local council deputy may not be held criminally liable, arrested, or subjected to administrative penalties imposed by court order without prior consideration of the matter by the local council. A criminal case against a local council deputy may be initiated by a court or prosecutor. A preventive measure against a local council deputy in the form of a written undertaking not to leave or detention may be applied exclusively by a court after the consent of the relevant local council has been given.
According to the law, in order to obtain the local council's consent to hold a deputy criminally liable, to arrest him, or to apply administrative penalties to him imposed by court order, the relevant prosecutor submits a motion to the council. It may also be submitted by a higher-level prosecutor.
A higher-level prosecutor may withdraw a motion for consent to hold a local council deputy liable, submitted to the council by a lower-level prosecutor.
The motion is submitted before charges are brought against the deputy or before sanction for arrest is given, or before an administrative offense case is sent to court.
According to the law, the Council considers the prosecutor's motion no later than within one month, adopts a reasoned decision, and notifies the prosecutor of it within three days. The deputy has the right to participate in the council's consideration of the matter of holding him criminally liable.
In the event of refusal by a village, settlement, city (city of district significance), or district-in-city council to grant consent to hold a deputy criminally liable, to arrest him, or to apply administrative penalties to him imposed by court order, the prosecutor has the right, in order to resolve this matter on the merits, to submit a motion to the relevant district or city council. In the event of refusal by a city or district council to grant such consent, the matter may be resolved on the merits upon the motion of the Prosecutor of the Autonomous Republic of Crimea or the oblast prosecutor, by the Verkhovna Rada of the Autonomous Republic of Crimea or the relevant oblast council. In the event of disagreement with the decision of an oblast, city council, the Kyiv City Council, and the Sevastopol City Council to refuse consent to hold a deputy criminally liable, to arrest him, or to apply administrative penalties to him imposed by court order, the Prosecutor General has the right to submit a motion to resolve the matter on the merits to the Verkhovna Rada of Ukraine.
According to the law, the prosecutor who submitted the motion to the local council is obliged, within three days from the day of completion of the proceedings in the case, to notify the council that granted consent to hold the deputy liable or to arrest him of the consequences of the investigation or consideration of the case."
This Law enters into force on the day of its publication.