The Verkhovna Rada adopted the law establishing the procedure of impeachment of the President of Ukraine. In the first reading voted for by 337 deputies. And the adoption of a law in General voice gave 245 members of Parliament: all but one member of Parliament — the representatives of the “public Servants”. Other factions did not support the initiative due to the violation of the rules. The bill fills in the gaps in the Constitution, which made the procedure of resignation of the President impossible.
The Verkhovna Rada of Ukraine on 10 September adopted a draft law on impeachment of the President.
The initiative provides for the resignation of the President through impeachment. Under the bill, the President can threaten resignation if he had committed state treason or other offence of criminal nature.
To begin impeachment proceedings, the majority of people’s deputies from the constitutional composition of the Rada (226 MPs) must sign the appropriate written submission. The signatures of the parliamentarians did not respond.
Then the Verkhovna Rada should vote to support the inclusion of start the procedure of impeachment to the agenda as urgent.
After that, the Parliament of Ukraine should proceed with the creation of the temporary investigative Commission (TIC), which will investigate the actions of the President and determine the facts and circumstances of the crime. The composition of the FAC is composed of deputies by the proportional principle, the special Prosecutor and special investigators.
“Nomination of a special Prosecutor in the special temporary investigative Commission are contributed by the initiators of consideration of a question of impeachment”, — stated in the document. Special investigators proposed by the parliamentary factions and groups.
Meeting of the Verkhovna Rada should be open, except those on which disclosed information that constitutes a state secret.
On completion of investigation, the case goes to the constitutional and Supreme courts, who assess it and determine the presence or absence of irregularities in the process and make the decision on the guilt or innocence of the President.
If the fault of the head of state has been proven, that members of Parliament can make a decision on his resignation. In Parliament, a secret ballot was held on each item of the accusation: “the Decision is considered adopted if it receives at least 3/4 of people’s deputies of Ukraine from constitutional composition of the Verkhovna Rada”.
If the Parliament does not adopt the resolution of impeachment, the speaker should apologize to the President on behalf of the legislature.
The bill also provides for the protection mechanism for the head of state, in respect of which launched impeachment proceedings. In particular, it may appoint not more than five defenders. At the request of the defenders or prosecutors, the Parliament may hear witnesses, experts to review the evidence. In other words, impeachment looks like a trial.
The President can also leave a post at own will, in this case, the impeachment proceedings will be terminated, as the case of the constitutional and Supreme courts.
During the meeting, the document was voted by 337 deputies, after which the speaker of Parliament Dmitry Razumkov immediately put to the vote the question on adoption of the law by the shortened procedure. However, not everyone agreed with the actions of the speaker.
Immediate against voted member of the “European solidarity” Irina Gerashchenko, a member of “the Opposition platform For life,” Nestor Shufrych, who advised Razumkova “not to break the Parliament through the knee.” In addition, the co-chair of the parliamentary group “For the future” Viktor Bondar said that the speaker of the Verkhovna Rada does not give the Parliament that are not in the majority, time to familiarize themselves with the text of the document.
However, Mr Razumkov ignored criticism from opponents and their requirements and brought the issue to a vote. He also said that the bill does not require modifications.
The bill was supported by 244 deputies — all members of the “public Servants” and one extra fractional Deputy. The remaining forces in Parliament did not vote in favour.
This incident became one of the brightest examples of a new balance in Parliament of Ukraine. However, the rest of the party did not intend, apparently, to become symbolic figures. As reported by Ukrainian media, after the meeting, the representatives of the factions went to the office to Razumkova to discuss the situation. According to the opposition, the vote passed with violations, as the MPs failed to submit their amendments to the document. This gives grounds to challenge the document in the constitutional court.
A member of the party “European solidarity” Victoria syumar on his Facebook announced that all members except the representatives of “public Servants” who are ready to leave the room.
“The expected story. Attempts to break the rules and the Parliament by a vote of all at once as a whole has led to the fact that all factions, except the ruling, ready to leave the room. Legalize Sabbath nobody wants. If it is going to be in the hall it will be one faction, and will stamp it on the basis of what we all live”, she said.
The adoption of the law on impeachment is one of the key promises of Vladimir Zelensky, along with the abolition of parliamentary immunity. The bill he introduced in Parliament in may, but the previous Parliament ignored all initiatives of the President.
Prior to the adoption of the bill the mechanism of impeachment spelled out in the Constitution, was not feasible.
“There was a clause in the Constitution, but it was necessary to complete the formation of the technical details. For example, how to create a VSC (temporary investigative Commission — “Газета.Ru”) that will understand and prove that the President broke the law. It was necessary to prescribe. And how many votes need in order to begin the procedure in the Constitution, is recorded. But who should initiate? it was necessary to register, here it is spelled out in the new law, which technically closes the ends of these procedural aspects, which was lacking in the Constitution itself,” — said the Director of the Kiev Center of political researches and conflictology Mikhail Pogrebinsky.
During today’s meeting, the Deputy from the party “European solidarity” and the former speaker of the Verkhovna Rada Andrei Parubiy said that the law of impeachment was already passed and signed.
In June Parubiy as the speaker of Parliament signed a parliamentary bill of impeachment. The initiative was aimed at regulating the work of the provisional investigatory commissions. The document complements the relevant provision in the Constitution, however, Vladimir Zelensky has not signed it. Instead, the President submitted his initiative, which today was adopted by the Parliament.
The head of political Council of party “Oppositional platform For life” Viktor Medvedchuk said during the meeting that the law largely duplicates the previous one. However, in this version there is no need for Parliament mechanisms.
“But it’s all a PR game. Well, of course, that is the law. But he lives today does not change, and indeed no. The Constitution says three — fourths (of votes required for the decision on impeachment — “Газета.Ru”). Three quarters even Poroshenko would not find. Or another President, completely failed their responsibilities and violated the law 25 times, you still would not find three-quarters of which would vote for impeachment,” — says Mikhail Pogrebinsky.