Article 81 was criticised by the Venice Commission in its opinion on the 2004 Constitution as not reflecting good practice. The opinion stressed that:

“[…] the proposed procedure in the Constitution gives the parties the power to annul electoral results. It might also have the effect of weakening the Verkhovna Rada itself by interfering with the free and independent mandate of the deputies, who would no longer necessarily be in a position to follow their convictions and at the same time remain a member of the Parliament. As the Commission has stressed in its previous opinion, linking a mandate of a national deputy to membership of a parliamentary faction or bloc is also inconsistent with the other constitutional provisions bearing in mind that Members of Parliament are supposed to represent the people and not their parties”.