In its resolution on Ukraine regarding the functioning of democratic institutions, PACE 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 the former Minister of the Interior, Mr Yuri Lutsenko, the former Acting Minister of Defence, Mr Valeriy Ivashchenko, and the former first Deputy Minister of Justice, Mr Yevhen Korniychuk, as well as the former Prime Minister, Ms Yulia Tymoshenko.

According to the document, the Assembly considers that Articles 364 and 365 of the Ukrainian Criminal Code are overly broad in application 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 to promptly amend these two articles of the Criminal Code in line with the Council of Europe's standards 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. In this respect, the Assembly asks the President of Ukraine to consider all legal means available to him to release these former government members and to allow them to compete in the upcoming parliamentary elections. It considers that strict international standards delimitating political and criminal responsibility need to be developed.

The Assembly considers that the implementation of its recommendations, and especially those relating to the criminal prosecution of former government members, would signal the commitment of the authorities to the norms and values of the Council of Europe. Conversely, failing to do so, within a reasonable timeframe, would raise serious questions regarding the authorities' commitment to the principles of democracy and the rule of law, which should lead to an appropriate response of the Assembly. The Assembly therefore invites the Monitoring Committee to follow the situation closely and to propose any further action to be taken by the Assembly as required by the situation, including with regard to the possible consideration of sanctions if the Assembly's demands are not met.

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