The Verkhovna Rada of Ukraine adopted the draft law on the procedure of the president’s dismissal in the order of impeachment in the second reading and generally. 279 MPs supported it as 112 Ukraine reported.
The official title of the bill is “On temporary investigative commission, special temporary investigative commission and temporary special commissions of the Verkhovna Rada of Ukraine”.
The procedure of impeachment is partially regulated by the Constitution of Ukraine and Regulation of the Rada, so the document covers the issues tied with the activity of the special parliamentary commissions (previous law on temporary investigative commission was recognized as unconstitutional, particularly, due to the procedure of the coming into force).
According to the draft law, the special temporary investigation commission of the Verkhovna Rada is the collegial temporary body, which is formed for the investigation of the circumstances of the possible state treason of the president or any other crime and check of the data provided by proper submission of 226 MPs.
According to the Regulation of the Verkhovna Rada, the MPs, considering the principle of the proportional representation of the parliamentary factions and groups, prosecutor special and three special investigators enter the membership of the special investigative commission.
According to the draft law, the parliamentary factions and groups should provide their nominees for five days since the written request is sent to them. If they fail, the commission is created without the participation of the proper parliamentary political force.
The draft law regulates the authorities of the special investigation commission and duplicates the norms of parliamentary Regulation almost verbatim.
Thus, the special investigation commission holds the investigation of the possible state treason or commitment of any other crime of a president, checks the completeness and validity of the evidence.
If the grounds are present, it prepares the offers on the draft regulation on the accusation of a president.
The special investigation commission has a right to listen to the president and defender of his right; demand necessary documents; appoint expert studies; involve specialists; invite and hear the citizens as witnesses.
The demands to the candidates for the posts of the prosecutor special and special investigators also almost duplicate the norms of parliamentary Regulation.
The draft law regulates the authorities of the prosecutor special and special investigators.
The prosecutor special possesses the authorities of the prosecutor and special investigator has the authorities of the investigator (the exception is putting of data on offenses to United register of pretrial investigation, detention of a suspect, use of a restrictive measure, notifying on suspicion, for prosecutor special – extension of the pretrial investigation, confirm of the indictment and its sent to the court; for special investigator – compilation of the indictment).
The prosecutor special checks the received draft conclusion of a special investigative commission provided by special investigators and approves it or returns with the written comments and offers.
The special investigator checks the circumstances investigated by a special investigative commission.
It is established that a special investigative commission may define the direction of work of the prosecutor special and special investigators. The members of a special investigative commission cannot interfere in the activity of the prosecutor special and special investigators.
A special investigative commission prepares the conclusions and offers, and considers them at the session of the commission and makes decisions on them.
The data, which should be included in the conclusions and offers of a special investigative commission and this issue is also set by the norms of parliamentary Regulation. It is the grounds for the investigation; evidence established by a special commission; not confirmed evidence; not checked facts and circumstances; fact and circumstances, which confirm and establish the presence of the signs of state treason or any other crime in actions of a president.
A special investigative commission prepares and adopts conclusions on the accusation or the necessity to stop the procedure of impeachment.
If a member of special investigative commission, prosecutor special or special investigator does not agree on the position of a commission, he expresses an opinion in the written form and attaches it to the protocol of the session of a special investigative commission.
The issues should be considered in parliament. If Rada adopts a decision on the accusation of a president, it appeals to the Constitutional or Supreme court with the conclusions on the constitutional nature of a procedure and signs of the state treason or any other crimes in actions of a head of a state.
The draft law provides 15 days to the Constitutional court and Supreme court for the consideration of the parliamentary appeal.
The procedure of impeachment provides such stages:
- 226 MPs sign the submission on the dismissal of a president from his post;
- the Verkhovna Rada initiates the beginning of the procedure of impeachment;
- Rada form the commission for the investigation of the accusations, 226 votes needed for adoption of a regulation;
- the conclusions and offers passed to the chairman of Rada for the adoption of a decision on open or closed session;
- during secret voting at least 300 votes of the MPs should be gained for accusation of a president;
- 226 votes are needed for appeal of the Verkhovna Rada to the Constitutional and Supreme courts on this issue;
- in the case of the positive conclusions of the courts, the secret voting takes place on the dismissal of the president in the Verkhovna Rada. The support of 338 votes is needed for it.
- the accounting commission reports on the results of the secret voting at the open session of Rada;
- the regulation of Rada on the dismissal of a president from the post in the order of impeachment comes into force as its adoption announced at the plenary session;
- according to the Constitution, the Speaker of the Verkhovna Rada fulfills the authorities of the president starting from this moment.