SCIENTIFIC CONCLUSION ON THE INTERPRETATION OF CERTAIN PROVISIONS OF THE CURRENT LEGISLATION OF UKRAINE (CRIMINAL LIABILITY OF A MEMBER OF THE UKRAINIAN PARLIAMENT)
Review
This legal opinion examines the procedure for holding a Ukrainian Member of Parliament criminally liable. It analyzes:
Constitutional and criminal-procedure grounds requiring Parliamentary consent before notifying an MP of suspicion;
Constitutional and criminal-procedure grounds requiring Parliamentary consent before notifying an MP of suspicion;
Content and motivation requirements for the Prosecutor General’s submission requesting that consent;
Content and motivation requirements for the Prosecutor General’s submission requesting that consent;
The committee and plenary stages of reviewing and voting on this submission, including timing and voting rules;
The committee and plenary stages of reviewing and voting on this submission, including timing and voting rules;
The obligation to deliver a written suspicion notice to the MP immediately once consent is granted;
The obligation to deliver a written suspicion notice to the MP immediately once consent is granted;
The legal consequences of failing to deliver the notice (no suspect status, exclusion of all evidence, and right to challenge the consent decision).
The legal consequences of failing to deliver the notice (no suspect status, exclusion of all evidence, and right to challenge the consent decision).
The opinion provides a clear, step-by-step framework ensuring parliamentary immunity and the procedural rights of the suspect.