Button pusher
A button pusher (Ukrainian: кнопкодав, Knopkodav) is a term in Ukrainian politics and society related to a member of the Verkhovna Rada of Ukraine who votes on a motion by using own identity card as well as ones belonging to other deputies. This voting is done either with or without the consent of the absent deputies.
Other names for this phenomenon are "vote in the dark", "truant voting", "multiple voting", "vote for himself and for the other guy", "piano voting",[1][2][3] "pianism".[4][5]
The participants of "button pushing" are MPs - "button pushers" who vote alien card, as well as those that provide for voting card or duplicate card to "button pusher".
Since December 2019 "button pushing" is punishable by a fine of 3,000 to 5,000 Ukrainian hryvnia.[1]
"Button pushing" is one of the manifestations of political corruption and the crisis of parliamentarism in Ukraine.
Etymology
The term "button pusher" emerged in the early 2000s in a journalistic environment for designation MPs who vote for their colleagues.
Description
If unable to attend the legislature personally, a deputy might give his or her personal voting card to a fellow deputy. Alternately, duplicate cards might be issued without the knowledge of their supposed "owner".
If voting for a neighbor, the "button pusher" inserts the card for the e-voting system "Rada" received from the missing deputy of the card, preferably not getting up, openly or secretly (hand covering newspapers, magazines, or other method) pushes the button to vote for or against the measure.
If voting for several deputies, the pusher moves from one seat to the next with multiple voting cards and pushes the buttons the same way. One such button pusher was found to have voted on average for 9.8 missing persons. Often when the absolute majority of 226 deputies was required, the button pushers were responsible for 35-40 votes.[6]
Examples
With the use of "button pushing" voting the Verkhovna Rada adopted:
- the changes to the Constitution of Ukraine, which established the date of presidential elections in Ukraine
- the Law of Ukraine "On measures to ensure the legislative reform of the pension system"
- the 2012 bill "On the principles of the State language policy" (Actually voted 172 deputies, not 234, as officially announced)[7]
- a new Criminal Procedural Code of Ukraine (It was adopted by 50 MPs instead 226) in 2012[8]
- 2013 appointment of Ihor Sorkin as the new head of the National Bank of Ukraine.[9]
- in December 2020 Voice claimed that two deputies not present in the Verkhovna Rada building voted for the appointment of Serhiy Shkarlet as Minister of Education and Science (who was appointment with exactly the 226 required votes)[10][11]
Legal analysis of violations of the law
On the criminal nature of voting for another in the Ukrainian parliament by the analysis of provisions which regulated the legislative procedure. Personal vote required by the Constitution of Ukraine, Article 84: "Voting at meetings of the Verkhovna Rada of Ukraine made deputy of Ukraine in person".[12]
The presence and direct participation in meetings of the deputy of the Verkhovna Rada of Ukraine is not a matter of free decision MPs, and under paragraph 3 first part of the 24th article of the law ""About the Status of the People's Deputy of Ukraine" - is his duty.[13]
December 6, 2012 the Parliament of Ukraine amended the Regulation (Article 37), which require MPs to register in person to attend meetings of Parliament, to vote and to do it in person. According to the law, before the opening of each session of Parliament shall be registered MPs personally based identification MP and handwritten signatures. In the boardroom deputy recorded through the e-voting system "Rada", so that rules out the registration deputy in his stead another person.[14]
In addition, the European Court of Human Rights in January 2013 decision in the case "Alexander Volkov v. Ukraine," in which the judge found that the vote in the Verkhovna Rada of Ukraine in violation of the established procedure against European standards.[15]
However, today the legislation also provides liability for card use another MP (including duplicate) for registration and voting by electronic system (voting for someone else's card), as well as unauthorized intervention in the electronic voting system of the Verkhovna Rada of Ukraine and issuance of duplicate voting cards without the consent of the MP.
"Button pushing" organizers and advocates
The peak of "button pushing" was reached in the sixth convocation at the initiative and organizational support leadership factions ruling majority - Party of Regions and Communist Party of Ukraine. Tactics were quick voting when the current favorable government decisions taken quickly, without discussion or almost without discussion, often in the evening or at night by pressing of the team of "button pushers" in 35-40 MPs. Party of Regions faction leadership commits MPs to vote for other members.[16] Before the vote, the responsible persons of the faction of the Party of Regions deputies dealt another card.[17] Defending the practice of non personal voting, representatives of the ruling majority called it "delegation of authority".[18] Party of Regions and the Communist Party of Ukraine together against criminal liability for "button pushing".[19]
Enforcement of opposition
From the earliest days of the Verkhovna Rada of Ukraine at the 7th convocation opposition faction in the Verkhovna Rada of Ukraine - "Batkivshchyna", the Ukrainian Democratic Alliance for Reform, VO "Svoboda", made a series of coordinated measures to cease "button pushing" by the faction of the Party of Regions.[20][21][22]
February 5, 2013, deputies from the opposition blocked the rostrum. A representative of the "UDAR" came to the session in the red sweater with the words "Vote personally".[23]
Faction VO "Svoboda" filed a bill on criminalizing voting for others in the legislature. This document provides penalties deputies who vote this way of imprisonment from 5 to 8 years.[24]
MP, member of the "Batkivshchyna" Yuri Odarchenko sued suit against Verkhovna Rada of Ukraine with the requirement to enter personal vote and cancel resolutions passed in violation of the regulations. MP calls implement electronic voting, which makes it impossible to register and vote one deputy instead of another, and to recognize the illegal and cancel the acts of the Verkhovna Rada, which were adopted in the period from December 13, 2012 to January 11, 2013 Lawsuit filed to the Supreme Administrative Court of Ukraine, February 5, 2013.[23]
In other countries
Armenia
There have been several votes in which members of the Parliament of Armenia, mainly of the Republican Party of Armenia (RPA), voted instead of other MPs.[25][26][27]
References
- Ukraine criminalizes piano voting, UNIAN (19 December 2019)
- The Regionals are preparing new changes to the Constitution. "Glavcom". 07, Feb 2011
- The Political Information. «Day». 08, Feb 2011
- Spyhotehnyka. Scheme of legal collapse of Ukraine. "Maidan" July 22, 2011
- The new session of Parliament: how will be work majority and opposition? "Radio Liberty". September 5, 2011
- The button pushers will continue to force Constitution? Basil Belous. UP, April 17, 2012
- BILL for language VOTING - not legally?
- MPs' -button pushers approved a new Code of Criminal Procedure by night
- Tomenko showed 22 knopkodaviv who appointed Sorkin. List. "Ukrainian Truth". January 14, 2013
- Reaction to Scarlett vote: Razumkov promises new cameras and increased responsibility for button-pressing, Civil movement "Chesno" (18 December 2020) (in Ukrainian)
- Shkarlet appointed Ukraine's education minister, Ukrinform (17 December 2020)
- The Constitution of Ukraine
- Law of Ukraine "About the Status of the People's Deputy of Ukraine"
- Law of Ukraine "About the Reglament of Parliament of Ukraine"
- "ECHR declared illegal "button pushering" in Parliament". Archived from the original on 2014-07-04. Retrieved 2013-03-05.
- The Regionals were ordered "propianinyty" for missing party members. (photo) January 10, 2013
- As the elected head of the NBU Council, pushed, and women rebelled. January 11, 2013
- "Nikolaev people's deputies of Regions called "button pushing" the delegation of authority. Dire 15 2013". Archived from the original on 2013-04-18. Retrieved 2013-03-05.
- Regions and Communists against criminal liability for button pushing. January 15, 2013
- The opposition block Rada until button pushers vote. December 13, 2013
- The opposition seeks removal button pushers. January 23, 2013
- Rostrum and presidium of parliament blocked the opposition. February 5, 2013
- "UDAR" would "strike" to require MPs to vote personally at all levels
- Nationalists offer PACE introduce criminal liability for "button pushing"
- Ուրիշի փոխարեն քվեարկություն եւ թեժ բանավեճ ԱԺ-ում
- Ուրիշի փոխարեն քվեարկության բազմաթիվ փաստեր ԱԺ-ում
- ԱԺ-ում քննարկվել է ուրիշի փոխարեն քվեարկած պատգամավորների հարցը