Part II.    PROCEEDINGS IN THE SEJM

Chapter 13

DEPUTIES' ETHICS COMMITTEE

Article 143

1. Subject to para. 12, the Deputies' Ethics Committee shall consist of Deputies representing all clubs of the Deputies, one member from each club.

2. Candidates for membership of the Committee shall be nominated by the chairpersons of the clubs.

3. A candidate for membership of the Committee shall be a person of unblemished reputation and high moral authority.

4. Any candidate for membership, or a member, of the Committee may lodge with the Marshal of the Sejm a substantiated objection to another candidate's membership in the Committee. Such objection shall suspend the procedure for choosing the membership of the Committee by the Sejm.

5. A candidate to whom an objection has been raised, or a club which has nominated that candidate may, within 7 days following the submission of the objection, lodge with the Marshal of the Sejm an explanation in respect of the objection lodged.

6. The Presidium of the Sejm, after taking cognizance of the objection and the explanation, may, by means of a resolution, find the objection:

1) well founded,

2) not well founded.

7. In the event referred to in para. 6 subpara. 1, the Presidium of the Sejm shall request those entitled to do so to immediately nominate new candidates for membership of the Committee.

8. In the event referred to in para. 6 subpara. 2, the Presidium of the Sejm shall present its position to the person who raised the objection and shall call him to withdraw the objection. In the event of sustaining the objection, the person who raised it, shall notify this fact, within 7 days, to the Marshal of the Sejm.

9. If no repeat objection has been lodged within the time limit specified in para. 8, the Presidium of the Sejm shall submit to the Sejm a motion to choose as members of the Committee the candidates referred to in para. 2.

10. Irrespective of the submission of a repeat objection within the time limit, the Presidium of the Sejm may submit to the Sejm a motion to choose the membership of the Committee, taking into account the candidate to whom the objection has been lodged. If the Sejm has not chosen the Committee, those entitled to do so shall nominate new candidates for its members on the basis of para. 2.

11. Subject to para. 10 and para. 12, the Committee shall be chosen when there is no objection to the candidates. The Sejm shall determine, in joint voting, the membership of the Committee.

12. If those entitled to do so, have failed to nominate a new candidate, as referred to in para. 7, the Presidium of the Sejm shall specify the time limit for such nomination. After ineffective expiry of that time limit, the Presidium of the Sejm may propose to the Sejm a new membership of the Committee, excepting the candidate to whom an objection has been raised.

13. In the event that an objection has been withdrawn or a new candidate has been nominated, under para. 2, after the expiry of the time limit referred to in para. 12, in place of the candidate to whom the objection has been raised, the Sejm shall additionally determine the membership of the Committee in accordance with para. 4.

14. In the event of a change in his club affiliation, a member of the Committee shall submit resignation from membership of the Committee.

15. In the event that a resolution, as referred to in Article 21 para. 1, Article 22 para. 1, Article 25 para. 1 or 2, or Article 147 para. 1, has been passed in relation to a member of the Committee, and that no objection has been lodged against it or it has been continued in force by the Sejm or the Presidium of the Sejm, respectively, the Deputy shall cease to be member of the Committee. In such a case, the provisions of paras. 1 to 13 shall apply as appropriate.

Article 144

1. Provisions of Article 138 para. 2, Article 139 para. 1 and Article 141 paras. 1 and 2, shall apply to sittings of the Committee at which matters of financial declarations of Deputies are considered.

2. Information obtained in the course of work of the Committee, as referred to in para. 1, shall be deemed an official secret within the meaning of the provisions concerning state and official secrets.

Article 145

1. Decisions in cases of Deputies who conduct themselves in a manner inconsistent with the dignity of a Deputy, shall be taken on the basis of the "Principles of Deputiesí Ethics".

2. The "Principles of Deputiesí Ethics" shall be subject to approval by the Sejm. The Sejm shall adopt or reject as a whole, by means of a resolution, the draft of "Principles of Deputiesí Ethics" submitted by the Committee.

3. The Chairperson of the Committee or, in the event of his absence - the deputy Chairperson, shall direct the Committee's work. The functions of the Chairperson and deputy Chairperson shall be performed, for 3 months consecutively, by Committee members. Detailed procedures for rotation of performance of the functions of the Chairperson and his deputy shall be specified by the Standing Orders of the Deputiesí Ethics Committee.

4. The Committee shall, at its own initiative, consider matters falling within its competence.

5. A member of the Committee whose case is to be considered shall not participate in a sitting of the Committee, subject to Article 146.

Article 146

The Committee may require a Deputy to explain any matters of doubt which have arisen in the course of the proceedings.

Article 147

1. Having considered a case and having found violation of the standards of Deputies' conduct, the Committee may, by means of a resolution:

(1) reproach a Deputy;

(2) admonish a Deputy;

(3) reprimand a Deputy.

2. Resolutions adopted by the Committee shall be publicized. The Standing Orders of the Committee shall specify the procedure and deadline for such publication.

3. The resolution referred to in para. 1 subparas. 2 and 3, shall be passed by the Committee by an absolute majority of votes in the presence of at least half of the number of its members.

4. The resolution referred to in para.1 may be appealed by Deputies pursuant to Article 132 para. 2 of the Standing Orders of the Sejm. Any appeal lodged by a Deputy shall suspend publication of the text of the resolution.

Article 148

The provisions of the Standing Orders of the Sejm shall apply, as appropriate, to the Committee and to the Deputies appointed thereto, subject to modifications resulting from the provisions of this Chapter and from the Standing Orders of the Deputies' Ethics Committee.