Without the Temporary Commission of Inquiry of the Verkhovna Rada and rallies, cases of attacks on public activists are closed

11.03.2021

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On 12 March 2019, a meeting of the Temporary Commission of Inquiry of the Verkhovna Rada of Ukraine (hereinafter – the Verkhovna Rada) was held to investigate the attacks on Kateryna Gandziuk and other public activists (hereinafter – TCI). The subject of consideration was the report of the top management of state law enforcement agencies, including Deputy Prosecutor of Kyiv Anatoliy Korzh and Chief of the Main Directorate of the National Police in Kyiv Andriy Kryshchenko, on verification of information on attacks on public activists in the capital. Part of the report was heard behind closed doors without the presence of media representatives.

The commission examines several cases at once. On this day, Valentina Makarova, a fighter against raiders in the Kyiv Forest, was also invited, a daring attack on which took place back in 2015, but the attackers are at large. “Active Citizens” wrote about this attack in the article “Fighter against raiders Valentin Makarov: “The prosecutor’s office of all kinds slows down the case on the fact of my deliberate murder attempt“. Then, we will remind, the woman almost died due to numerous injuries received during the attack, and it took a considerable time to restore vital functions.

For some reason, this case, as well as other attacks on activists without the control of MPs, are not being investigated quickly. Thus, in Makarova’s case, no significant progress has been made in the investigation since the opening of the relevant criminal proceedings. Several times at the level of the local investigative department, they even tried to close the proceedings under the pretext (think about it!) That there was no corpus delicti. The almost unkilled activist was forced to cancel the relevant decisions of the investigator. Currently, a new wave of intensification of the investigation has occurred during the creation and start of full-fledged work of the TCI, which was created by other activists, who, including loud actions, demand that law enforcement agencies order the assassination of Kateryna Gandziuk.

Why does the work of this commission have such a significant impact on the affairs of activists and what to expect in the future, immediately after the publication of the results of its work?

Today, the Temporary Commission of Inquiry of the Verkhovna Rada of Ukraine is one of the most influential temporary parliamentary bodies of the state. The subject of its activity is the implementation of investigations on a number of issues, on behalf of the entire parliament, ie on behalf of each of the people’s deputies personally. The current legislation of Ukraine does not provide a clear answer to the question of an exclusive list of issues on which the Commission may initiate an investigation. Part 3 of Article 89 of the Constitution merely does not explicitly state that TCI are formed for the purpose of conducting investigations on matters of public interest. At the same time, the legislator defines a clear condition for the establishment of such a commission – its creation should be supported by at least one third of the constitutional composition of the Verkhovna Rada of Ukraine, which automatically classifies their consideration as of significant public interest.

The scope of TCI’s powers, as of today, is also not definitively defined by the current legislation. However, this does not indicate the absence of a specific way of influencing such a commission on the work of other public authorities, but most of all – law enforcement agencies, and, in particular, investigative bodies, but an inexhaustible list of ways of influence that can be applied to the commission. another matter. TSC is primarily a special investigative body that, unlike law enforcement investigators, reports directly not to officials of its leadership, but to MPs, ie elected officials who, according to the Constitution, directly represent the will of the people of Ukraine, which is the only source of power.

However, what real decisions can the TCI make, and how can this affect the investigation of specific cases? Based on the results of its work, the TCI prepares a report, which is then submitted to the Verkhovna Rada. Conclusions of this report, in accordance with Part 4 of Art. 88 of the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine” may be sent for study and response to the Prosecutor General’s Office of Ukraine, the President, the Prime Minister of Ukraine, relevant state and local authorities, their officials. In addition, proposals to address the problem, formed as a result of the commission, are drafted by a separate normative act – it can be a draft resolution of the Verkhovna Rada, which addresses internal organizational issues of parliament, and a separate bill, which in its support will become commonplace. linguistic force of law.

Thus, the TCI has a fairly wide range of influence on social processes, including addressing the issue of intensifying the investigation of attacks on public activists. And this is not just about the public authority of the members of such commissions, under the influence of which decisions are sometimes made that are quite strong-willed for the bureaucratic machine. TCI, in the first place, can influence the events taking place in the country by the force of the written word, such as the transfer of collected evidence and newly discovered circumstances to the competent authorities as appropriate for their further effective response, or the creation, modification, refinement and ultimately transformation. existing legislation in accordance with the requirements of the time and current challenges of life. And all this will continue to happen under the control of TCI members.

Dmitry Perov , founder of the NGO “Green Minute”