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Law on impeachment of president comes into force in Ukraine

Source : 112 Ukraine

According to the new law, a special commission of the Verkhovna Rada is formed within 30 days from the date of initiation of impeachment
13:03, 25 September 2019

President of Ukraine Volodymyr Zelensky
Open source

On September 25, the Presidential Impeachment Law No. 39-IX came into force.

The regulatory rules on the impeachment proceedings were transferred to the impeachment law, references to the law on temporary investigators and special commissions of the Verkhovna Rada (declared unconstitutional due to procedural violations upon entry into force) were removed.

According to the law, a Special Provisional Investigative Commission of the Verkhovna Rada is formed within 30 days from the date of initiation of impeachment. It must prepare, within six months, the implications of the investigation into signs of state treason or other president’s violations and submit them to parliament.

The Special Provisional Investigative Commission is obliged to: prepare conclusions on the alleged violations of the President following the investigation; gather information, testimonies, explanations, documents and materials, and investigate it; protocol and transcript the results of meetings; keep records of incoming and outgoing documents.

Related: Impeachment bill: What president does Zelensky's initiative mean?

The provisions for additional investigation, when it is revealed that the President interfered with the work of the special commission, are completely removed from the regulations.

If the Verkhovna Rada does not make a decision on impeachment, the chairman of the plenary session must apologize to the president on behalf of the parliament, but now in writing.

It should be noted that references to specific articles of the Constitution and Regulation of the Verkhovna Rada were removed from the regulatory norms while being transposed into the Presidential Bill.

It is reported that the Constitution and the Reglament have already regulated the following stages of the impeachment procedure:

  • 226 MPs sign a petition to remove the president from his post;
  • The Verkhovna Rada initiates the impeachment procedure by 226 votes of MP's;
  • The Verkhovna Rada establishes a commission to investigate claimed allegations (226 votes are required to pass a resolution);
  • Conclusions and proposals are submitted to the Chairman of the Verkhovna Rada for a decision on the type of proceedings (open or closed);
  • During a secret ballot, at least 300 votes are required to accuse the president;
  • 226 votes are required to appeal to the Constitutional and Supreme Courts on this matter;
  • In case of positive conclusions of the Constitutional Court and the Supreme Court, within two days a secret ballot to remove the President from his position is held in the Verkhovna Rada; this requires the support of ¾ of the constitutional composition of the Verkhovna Rada, i.e. 338 votes;
  • The Counting Commission reports on the results of a secret ballot at an open session of the Verkhovna Rada;
  • The decision of the Verkhovna Rada of Ukraine to remove the President from the position of impeachment shall come into force upon the announcement of the Chairman of the Plenary Session on its approval;
  • According to the Constitution, from that moment on the President's authority is executed by the speaker of the Verkhovna Rada of Ukraine (there are restrictions).

Related: Razumkov signs law on impeachment of President of Ukraine

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