Constitutional Regulation of the Impeachment of the Head of State in Ukraine and Certain post-Soviet Countries
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 4, Issue 4
Abstract
In preparing this article, the author has set out to clarify the common features and differences in the constitutional regulation of the impeachment of the head of state in Ukraine and certain post-Soviet countries. On the basis of the comparative analysis of the constitutions of Ukraine, the Republic of Belarus, the Republic of Bulgaria, the Republic of Latvia, the Republic of Lithuania, the Republic of Macedonia, the Republic of Moldova, the Republic of Poland, the Republic of Slovenia, the Republic of Hungary, the Russian Federation, the Republic of Croatia, the Czech Republic and the Slovak Republic, the similar features and differences in the constitutional regulation of the impeachment process of the head of state were determined in terms of such aspects: 1) the existence in the text of the basic law of the state of the norms governing the procedure for the impeachment of the president; 2) the legal fact that is the basis for the emergence of constitutional and legal relations, within which the head of state is removed from office in accordance with the procedure for the impeachment; 3) the circle of subjects of power, who take part in the procedure of removal of the president from office and their constitutionally determined powers; 4) the conditions of application of the procedure for the impeachment of the president; 5) procedural terms, which is an important guarantee of observance of the rights of the head of state in respect of which the procedure of impeachment is applied. The necessity of supplementing Art. 111 of the Constitution of Ukraine, Part 7, and proposed the following: "The decision of the Verkhovna Rada of Ukraine on the removal of the President of Ukraine from office in accordance with the procedure of impeachment shall be adopted not later than within a month after receipt by the Verkhovna Rada of Ukraine of the conclusions of the Constitutional Court of Ukraine and the Supreme Court of Ukraine, mentioned in part 6 of this article. If the decision of the Verkhovna Rada of Ukraine is not adopted within this period, the prosecution against the President of Ukraine is considered to be rejected. "
Authors and Affiliations
Liliya Serdyuk
Keywords
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- EP ID EP331843
- DOI 10.31733/2078-3566-2017-4-52-65
- Views 146
- Downloads 0
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