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"Servants of People" Bezuhla and Tretyakova propose life imprisonment with confiscation for misappropriation of state functions

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MPs from the "Servant of the People" party, Halyna Tretyakova and Mariana Bezuhla, introduced a bill on life imprisonment for misappropriation of state functions, including representing Ukraine at international events, before authorised persons of foreign states and international organisations, including through correspondence and telephone conversations without authorisation or approval.

This was reported by Censor.NET with reference to the Judicial and Legal Newspaper.

The relevant draft law 11104 on amendments to the Criminal Code was registered in the Verkhovna Rada by MPs from the "Servant of the People" faction, Halyna Tretyakova and Mariana Bezuhla.

Why this bill is needed

According to the authors, this draft law is a component of the draft law "On Special Missions of Ukraine" 11103, which was developed to protect Ukraine's interests by consolidating and uniting Ukraine's representatives in matters of foreign activity, and should be considered simultaneously with it.

The adoption of amendments to the Criminal Code is due to the protection of national interests and security of Ukraine as a whole. According to the authors, sometimes Ukrainian citizens commit actions aimed at obtaining their own privileges at the expense of public interests by appropriating state functions. And these actions harm Ukraine's sovereignty, territorial integrity and inviolability, defence capability, as well as economic and information security.

The misappropriation of uncharacteristic state functions is a crime against the foundations of Ukraine's national security and, in the opinion of the MPs, requires maximum and fair punishment. Therefore, it is proposed to supplement the Criminal Code with a provision criminalising the representation of Ukraine's interests by unauthorised persons.
Namely, Article 111-3 "Misappropriation of State Functions" is added to the Criminal Code, according to which:

Misappropriation of state functions by a citizen of Ukraine, including representation of Ukraine at international events, before authorised persons or agents of foreign states, as well as representatives of international organisations, including through correspondence, telephone conversations, telegraphic and other correspondence, other forms of communication without authorisation and approval in accordance with the procedure established by law, shall be punishable by imprisonment for a term of 10 to 12 years with deprivation of the right to hold certain positions or engage in certain activities for a term of 10 to 15 years and with or without confiscation of property.

The same acts committed under martial law are punishable by imprisonment for a term of fifteen years or life imprisonment with confiscation of property.

The head of the Centre for Civil Liberties, Oleksandra Matviychuk, in turn, responded to the MPs' proposal:

"First, they thanked volunteers for 'appropriating state functions' and plugging holes where the authorised bodies failed, and introduced crazy regulation of volunteer work.

Then they introduced state control over NGOs engaged in reforms at the national and local levels and adopted a law on lobbying, which in EU countries is designed as a mechanism of transparency, not control.

And now it's the turn of people who advocate for the country's interests and protection of people in the international arena "without authority and approval"."

"I'm so sick of this imitation of work and constant spokes in the wheels when our survival is at stake, and without exaggeration," Matviychuk wrote and added a screen shot of the bill:

Законопроєкт Безуглої і Третьякової щодо привласнення державних функцій

What is a special mission?

According to draft law 11103, a special mission of Ukraine is a temporary mission sent with the consent of the host country to represent the state at a particular event or in negotiations, consisting of one person or a group of people authorised to represent Ukraine. The MFA coordinates the activities of the special mission of Ukraine in the field of foreign relations. The existence of diplomatic or consular relations is not necessary to send a special mission.

Special missions of Ukraine are established exclusively by the Chairman of the Verkhovna Rada of Ukraine, the President or the Prime Minister of Ukraine and are divided into parliamentary, presidential and governmental special missions depending on the subject of their establishment.