Andrii Derkach, the Head of the Interfactional Parliamentary Association “For the Protection of Violated Rights of Citizens and Against Political Repression “Forbidden to Forbid”, had drafted and forwarded an MP appeal and inquiry to the President of the Verkhovna Rada, the heads of the relevant committees of the Parliament, as well as to the Head of the Presidential Administration, Foreign Affairs Minister, and Justice Minister. The MP inquiry was announced at the Verkhovna Rada session on February 5, 2016.
The documents that are to be examined by the state’s senior officials state that the Prevention of Corruption Act clearly violates a large number of European norms concerning the protection of privacy and of right to personal and confidential data by allowing open access to the information on “persons authorized to perform functions of state or local governance” and “members of their families” on the Internet site.
This infamous Act also violates a large number of rights of the family members of the subjects of declaration and of third persons: a right to privacy, a right to personal and confidential data, a right to legal personality, a right to entrepreneurship.
Providing the information on cash funds in the possession of the subjects of declaration, apart from allowing unlawful interference in their privacy, also increases the criminal danger for persons submitting such declaration.
The inquiry and appeal specifically underscore that the international standards of child protection are thus also violated.
It is emphasized that there is no legal conjunction between Ukraine’s obtainment of the visa-free regime and the open access to electronic declarations of the public officials.
For Ukraine, the Reports of the European Commission on visa-free regime are not legally-binding acts, neither within international, nor national law. Within the framework of the EU law they are but recommendations for the European Parliament and the Council.
”The Association Agreement with the EU and the Memorandum on Cooperation with IMF have a different subject of regulation and are not related to the obtainment of visa-free regime, although they do include the obligations on introducing online database on the property of officials. However, there is no provision on the open access to this database.
Moreover, a number of mandatory international legal and national procedures from the Agreement have been implemented: the publication (international and national), inclusion into the Unified State Register of Legal Acts”, the documents underscore.
Guided by Article 86 of the Constitution of Ukraine and Article 15 of the Act on Status of Member of Parliament of Ukraine, Andrii Derkach proposes to take urgent measures in order to bring the activity of Ukrainian authorities into conformity with the Constitution of Ukraine and the European human rights standards.
The MP inquiry and appeal are especially relevant due to numerous attempts made by current authorities to violate a right to privacy of the Ukrainian citizens and a right to personal and confidential data under the guise of pathetic slogans proclaiming the fight against corruption.
The full text of documents can be accessed here