At the evening session of the Verkhovna Rada of Ukraine on 3 June 2012, MPs of Ukraine voted for the bill #9073 "On the principles of the state language policy". Such information was spread by the press-service of Ukrainian Parliament. Civil Network OPORA studied the procedure itself and examined all related information and documents. Having analyzed the record of live broadcasting of the session, a verbatim record of the evening sitting and results of voting in the VRU (Verkhovna Rada of Ukraine), we have every reason to affirm that the scandalous draft bill wasn't adopted. Therefore, OPORA asks the leadership of the Verkhovna Rada to inform the public about real results of consideration of the bill #9073.
Position of OPORA is based on the following facts:
The procedure of consideration of the bill was violated in the second reading
According to the Law of Ukraine "On the Regulations of the Verkhovna Rada of Ukraine" of 10.02.2010 #1861-VI, bills shall be considered in accordance with the three-reading procedure (Article 102). By the decision of the Verkhovna Rada, the bill may be considered as adopted "... after the first or the second reading, if it doesn't need to be corrected, and if there were no remarks regarding its content from MPs, other subjects of legislative initiative, legal or expert departments of the Verkhovna Rada". After the bill #9073 "On the principles of the state language policy" was adopted in the first reading on 23 March 2012, there were sent about 2600 corrections to the Committee on Culture and Spirituality, where the bill was sent for improvement. It means, that the bill is supposed to be considered in the second and the third reading with all remarks and propositions.
Besides that, according to the Article 123 of the Regulations of the VRU, after consideration of the bill in the second reading the Verkhovna Rada shall legitimate one of the following five decisions:
- to adopt the bill in the second reading and pass it to the Main Committee for preparation to the third reading;
- to reject the bill;
- to adopt the bill in the second reading and as a whole;
- to adopt the bill in the second reading with the exception of some paragraphs, chapters, articles, and pass it to the Main Committee for preparation with the further revision of the bill on the repeated second reading;
- to pass the bill to the Main Committee for preparation with the further revision of the bill on the repeated second reading.
However, as we can see on the record of live broadcasting of the VRU session and a verbatim record of the sitting, the first Deputy Head of the Verkhovna Rada of Ukraine Adam Martuniuk said before the voting started: "I put to the vote the adoption of the bill #9073 as amended..." Thus, the chairman didn't indicate which particularly decision he proposed.
The procedure for voting wasn't followed
According to the verbatim record of the evening sitting of VRU, MPs of Ukraine voted on the bill #9073 "On the principles of the state language policy" three times. First, when the chairman made a proposal to include the bill on the agenda at the request of the MP Oleksandr Yefremov. 219 deputies supported the decision, what means that it wasn't adopted. Some time later Adam Martyniuk proposed to come back to this issue and, in the result of the second voting, the proposition of the vice-speaker was supported by 241 MPs of Ukraine.
Therefore, the next voting was on the inclusion of the bill #9073 "On the principles of the state language policy" on the agenda. 248 deputies supported the decision. It means, that MPs of Ukraine didn't vote for the bill, but only included the bill on the agenda of evening sitting of the Verkhovna Rada of Ukraine.
Than, Adam Martuniuk had closed the evening sitting of the Verkhovna Rada, so the adoption of the bill "On the principles of the state language policy" hadn't been even put to the vote.
Thus, the bill #9073 "On the principles of the state language policy" can't be considered as adopted, because it wasn't adopted, but only included on the agenda.
Print screen of the verbatim record of the evening sitting of the Verkhovna Rada of Ukraine on 3 July 2012:
