MPs on a “second job”: will the new changes allow them to earn money outside politics?
23 May 13:19
Ukrainian MPs have decided that they can earn extra money in their free time, and this will not interfere with their main activity. They are planning to expand the list of permitted activities that can be carried out after receiving a parliamentary mandate. Moreover, they are going to allow MPs to combine their mandate with positions in the parliament, the President’s Office, and the Cabinet of Ministers. We found out what MPs can do in parallel with lawmaking
So, the Law of Ukraine “On the Status of People’s Deputies of Ukraine” currently contains Article 3 – “Incompatibility of the deputy mandate with other activities” – which states what MPs cannot do.
And there is a whole list of prohibitions. For example: to be a member of the Cabinet of Ministers, head of a central executive body, have another representative mandate, or be in the civil service at the same time. It is also forbidden to simultaneously hold the position of city, village or town mayor.
It is also emphasized that MPs have no right to engage in any paid activity other than that of a deputy, except for teaching, research, creative activity and medical practice in their free time.
They are also prohibited from being involved as experts in criminal proceedings, practicing law, and being a member of the management, board, or council of an enterprise, institution, or organization that is intended to generate profit. And if you have already been appointed to the above positions, you must resign your mandate.
Lists of professions for MPs
Now MPs propose to expand this article. And it should sound different, namely: “Compatibility of a deputy’s mandate with other types of activity.”
They say that the main activity of a people’s deputy of Ukraine is to fulfill his or her parliamentary powers on a permanent basis. However, the types of activities that MPs will be able to engage in “part-time” are clearly spelled out, with additional payment.
They will be able to hold positions in the executive branch: be the Prime Minister, First Vice Prime Minister, Deputy Prime Minister, Minister, First Deputy Minister, or hold other political positions.
Engage in teaching activities: give lectures, conduct seminars, trainings, courses, master classes, webinars, etc.
Engage in scientific and technical activities – the list here is long. For example, scientific consulting within the framework of professional expertise or participation in scientific grants, competitions, funds, including as researchers.
Creative activity is an individual or collective activity that results in the creation or interpretation of original works. In this paragraph, among literature, journalism, acting, and conquering social media through the creation of original content, very interesting things have quietly crept in:
advising on the application of laws, drafting laws and advocating for them.
This is, in fact, a “gold mine”.
MPs will be able to practice medicine if they wish.
The prohibitions have been modified by adding several new clauses, for example, a ban on membership in the governing bodies or supervisory boards of an enterprise or organization aimed at making a profit.
According to the authors of the draft law, its purpose is to ensure transparency, legal certainty and prevent abuse of the status of a member of parliament by clearly defining the types of activities compatible with parliamentary powers.
The law specifies the permitted activities that can be combined with the mandate of an MP, including teaching, research, scientific, creative and creative activities, and medical practice.
MPs will be able to co-found non-profit scientific, educational or artistic platforms, enter into civil law contracts for teaching or research activities, and create software, if these activities are not entrepreneurial and are not related to the management of a legal entity.
Any activity that is not included in the exhaustive list of permitted activities is considered incompatible with the status of a Member of Parliament of Ukraine and must be terminated in accordance with the procedure established by law.
The Constitution should be changed for MPs-ministers
On the one hand, it is indeed time to clarify what types of activities MPs can engage in, since the vague wording “teaching, research, scientific, creative, creative activity and medical practice” did not give a clear understanding of what exactly they could do.
“If there is a great desire to combine something somewhere, then, say, a corporation engaged in international trade, but its charter includes ‘scientific research’ among its activities. It turns out that an MP can legally work for such a company, but to engage in commerce rather than science there is a direct violation of the Constitution. If he gives lectures there, that’s another matter, it’s allowed. MPs are not allowed to engage in entrepreneurial activities. Even the consulting (application of laws) they offer is consulting, and it is prohibited for part-time MPs,” he said in a commentary
[Kommersant] former MP Taras Chornovil said in a commentary to [Komersant].
In his opinion, all of this looks like an attempt to legalize what is expressly prohibited by the Constitution, including the permission to hold political positions in the OP, the Cabinet of Ministers, or other positions at the same time.
“This is a direct violation of Article 6 of the Constitution of Ukraine, which refers to the separation of powers. This is an attempt to combine different branches of power in one person. This happens abroad, for example, in the UK, but there it is spelled out in the Constitution – there is a unification of branches of power. In our country, the Constitution is the basis of the state system, and I am not sure that it can be changed without a referendum. There was a decision of the Constitutional Court that the form of government in the state is determined by a national referendum. Because the power belongs to the people, and it is they who should decide. And when the positions of MP and minister, MP and prime minister, etc. are combined, the very notion of separation of legislative and executive powers disappears. This is a direct violation of Article 6 of the Constitution,” emphasizes Taras Chornovil.
The authors of the draft law are confident that it does not violate the Constitution. In their opinion, the constitutional requirement of incompatibility of a parliamentary mandate with public service is not violated, as it concerns political, not official, activities. In general, they expect the draft law to be beneficial.
Author: Alla Dunina
