Still in courts over election, Lutsenko might get another term for negligence

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Aug. 13, 2012, 1:38 p.m. | Politics — by Yuriy Onyshkiv

Yuriy Lutsenko
© AP

Yuriy Onyshkiv

While Ukraine’s embattled opposition is fighting in courts to get its leaders running for parliament in the Oct. 28 election on the United Opposition ticket, one of them – Yuriy Lutsenko – might get another conviction as early as this week. 

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Ukrtoday Ukraine Aug. 16, 2012, 11:15 p.m.    

A clear case of political persecution. It would be good if KP was able to outline thebasis of his claim to be included on the party list for election.

Article 76 says that anyone Whois a citizen and who has an entitlement to vote may stand for election. It oes on to exclude anyone who has been convicted of committing an "intentional" crime can not stand

The question is has Tymoshenko or Lutsenko been convicted of committing an "intentional" crime?

The constitution states.

Article 76. The constitutional membership of the Verkhovna Rada of Ukraine shall comprise 450 people's deputies of Ukraine elected on the basis of universal, equal and direct suffrage by secret ballot.

A citizen of Ukraine having attained to the age of twenty-one as of the day of elections, having the right to vote, and having resided in the territory of Ukraine for the past five years, may be elected people's deputy of Ukraine.

A citizen who has a criminal record of committing an intentional crime shall not be elected to the Verkhovna Rada of Ukraine if the record has not been nullified in compliance with a procedure established by law.

The powers of the people's deputies of Ukraine shall be determined by the Constitution and the laws of Ukraine.

The Verkhovna Rada of Ukraine shall retain its power for a five-year term.

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Ukrtoday Ukraine Aug. 16, 2012, 11:31 p.m.    

On preliminary ready of article 76 (subject to interpretation of translation) both Tymoshneko and zlutsenko would on the definition of paragraph 2 have the entitlement to be elected a people's deputy.

The ts of Paragrah 3 imposes a qualification on being elected o exclude anyone that has a criminal record of having committed an"intentional" crime. From being elected.

If this applies it would only apply to being elected. It would not prevent a person from bing nominated or included on th list of candidates. Paragrah 3 goes on to state that a person my seek nullification of any such conviction from the record based on the procedures of law. The question that the court would need o decide is does paragraph 3 of article 76 prevent a person from excel sizing their consitutionql right to nominate for public office. Does the limitation on the right to be elected extend to the nomination it's led or is it only applied to the election to office which would only occurs after an election has taken place. And at what point if any conviction was quashed would the person be entitled o regain their rights to be elected.

The other question of course is the qualification of an Intentional crime. Was the crime to which both Tymoshenko and zlutsenko convicted off Intentional or unintentional? Did they seek to intentionally committ a crime to which they have now been convicted.

In the interest of justice and Ukraine's contitutional rights of every citizen they should be allowed to be included in the party list nomination. And the argument as to election entitlement to be considered an applied following the declaration of the poll

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elmer-елмер Aug. 18, 2012, 2:29 a.m.    

"The prosecutors claimed during an Aug. 10 hearing that Lutsenko displayed professional negligence when extending surveillance while investigating the 2004 poisoning of Viktor Yushchenko, who served as president in 2005-2010."


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