gototopgototop
Salus populi suprema lex . Marcus Tullius Cicero

Legal analytics of Euromaidan: early termination of President’s functions
Monday, 02 December 2013 22:10

IMAG1200 

Constitution of Ukraine

Article 102. The President of Ukraine shall be the Head of the State and shall act on behalf of the State.

The President of Ukraine shall be the guarantor of the state sovereignty and territorial integrity of Ukraine, the observance of the Constitution of Ukraine, human and citizen rights and freedoms.

Article 108. The President of Ukraine shall exercise his powers until the assumption of office by the newly elected President of Ukraine.

The authority of the President of Ukraine shall be subject to an early termination in cases of:

1) resignation;

2) inability to exercise presidential authority for health reasons;

3) removal from office by the procedure of impeachment;

4) his/her death.

Article 109. The resignation of the President of Ukraine shall enter into force from the moment when he personally announces the statement of resignation at a meeting of the Verkhovna Rada of Ukraine.

Article 111. The President of Ukraine may be removed from the office by the Verkhovna Rada of Ukraine in compliance with a procedure of impeachment if he commits treason or other crime.

The issue of the removal of the President of Ukraine from the office in compliance with a procedure of impeachment shall be initiated by the majority of the constitutional membership of the Verkhovna Rada of Ukraine.

The Verkhovna Rada of Ukraine shall establish a special ad hoc investigating commission, composed of special prosecutor and special investigators to conduct an investigation.

The conclusions and proposals of the ad hoc investigating commission shall be considered at the meeting of the Verkhovna Rada of Ukraine.

On the ground of evidence, the Verkhovna Rada of Ukraine shall, by at least two-thirds of its constitutional membership, adopt a decision to bring charges against the President of Ukraine.

The decision on the removal of the President of Ukraine from the office in compliance with the procedure of impeachment shall be adopted by the Verkhovna Rada of Ukraine by at least three-quarters of its constitutional membership upon a review of the case by the Constitutional Court of Ukraine, and receipt of its opinion on the observance of the constitutional procedure of investigation and consideration of the case of impeachment, and upon a receipt of the opinion of the Supreme Court of Ukraine to the effect that the acts, of which the President of Ukraine is accused, contain elements of treason or other crime.

Article 112. In the event of an early termination of the authority of the President of Ukraine in accordance with Articles 108, 109, 110 and 111 of this Constitution, the discharge of the duties of the President of Ukraine, for the period pending the elections and the assumption of the office by the next President of Ukraine, shall be vested on the Prime Minister of Ukraine. The Prime Minister of Ukraine, for the period of discharge of the duties of the President of Ukraine, may not exercise the powers stipulated by items 2, 6, 8, 10, 11, 12, 14, 15, 16, 22, 25, 27 of Article 106 of the Constitution of Ukraine.

According to the Decision of the Constitutional Court of Ukraine Constitutional procedure on investigating case on impeachment is initiated without initiating a criminal case.