"The functioning of democratic institutions in Ukraine" -
Draft resolution adopted unanimously on 15 December 2011 by the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe .
"1. The Parliamentary Assembly expresses its concern with regard to the criminal proceedings initiated under Articles 364 (abuse of office) and 365 (exceeding official powers) of the Criminal Code of Ukraine against a number of former government members, including against former Minister of the Interior, Mr JuriyLutsenko, former Acting Minister of Defence, Mr Valeriy Ivashchenko, former first Deputy Minister of Justice,Mr Yevhen Korniychuk, as well as former Prime Minister, Ms Yulia Tymoshenko.
2. The Assembly considers that Articles 364 and 365 of the Ukrainian Criminal Code are overly broad inapplication and effectively allow for post-facto criminalisation of normal political decision-making. This runs counter to the principle of the rule of law and is unacceptable. The Assembly therefore urges the authorities promptly to remove these two articles from the Criminal Code and for the charges against former government officials which are based on these provisions to be dropped. The Assembly wishes to emphasise that the assessment of political decisions and their effects is the prerogative of parliaments, and ultimately of the electorate, and not of the courts. It considers that that strict international standards delimitating political and criminal responsibility need to be developed.
3. The Assembly regrets the numerous shortcomings noted in the trials against former government members and considers that they may have undermined the possibility for the defendants to obtain a fair trial within the meaning of Article 6 of the European Convention of Human Rights."