The Rada wants to introduce criminal liability for misappropriation of state functions
26 March 2024 11:08
The Verkhovna Rada of Ukraine has registered draft law #11104, which establishes criminal liability for the misappropriation of state functions, Komersant ukrainskyi 
reports.
The bill was authored by two MPs from the Servant of the People party, Halyna Tretyakova and Mariana Bezuhla.
The document proposes to introduce a new article to the Criminal Code: “Misappropriation of state functions”. It reads as follows:
“Misappropriation by a citizen of Ukraine of state functions, including representation of Ukraine at international events, before authorised persons or agents of foreign states, as well as representatives of international organisations, including by means of correspondence, telephone conversations, telegraphic and other correspondence, and other forms of communication, without the authority and approval in accordance with the procedure established by law, shall be punishable by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for the same period.
The MPs propose 15 years in prison or life imprisonment for the same acts during martial law.
This draft law resonated with the public and social media. Its critics argue that the phrase “appropriation of state functions by a citizen of Ukraine” includes every citizen of Ukraine who communicates with representatives of other states. For example, businessman and well-known blogger Valeriy Pekar called the initiative shameful.
“This is one of the most shameful things I have seen in the last few years. For your understanding, I constantly represent Ukraine before authorised persons of foreign states and representatives of international organisations, including through correspondence, telephone conversations and, I’m afraid to say, even Zoom. Under martial law. 15 years with confiscation,”
– the businessman wrote on Facebook.
In response to the criticism, one of the authors of the document, Mariana Bezugla, called her initiative a “test for political discussion.” According to her, the proposed draft law is a counterpart to the US Logan Act, which was introduced in 1799 and is still in force today.
“Adopted on 30 January 1799, the federal law criminalises negotiations by unauthorised American citizens with foreign governments that are engaged in a discussion with the United States (dispute). The purpose of the law is to prevent the undermining of the official position of the state,”
– bezugla wrote on Facebook.
She added that no one has been convicted under this law in the United States, but it works as a safeguard.
“What can be theoretically regarded as a Logan precedent in our country? For example, the trip of OPFL MPs to Russia in March 2020,”
– the MP wrote.
Bezuhla added that the draft law will not be put to a vote, apparently due to the negative reaction of society. However, it still remains registered on the Verkhovna Rada’s website.
on 20 May, the constitutional term of office of the current President of Ukraine, Volodymyr Zelenskyy, expires. After that, due to martial law and the absence of scheduled elections, his powers will be automatically extended indefinitely. According to the Defence Intelligence of Ukraine, Russia is going to use this fact to organise an information attack and a special operation to discredit the Supreme Commander-in-Chief as illegitimate, codenamed“Maidan-3“.
