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LAW OF UKRAINE

of September 10, 2019 No. 39-IX

About special procedure of discharge of the President of Ukraine from post (impeachment)

This Law according to Articles 85, of 108, of 111, of 151 Constitution of Ukraine determines legal and organizational basis of involvement of the President of Ukraine to the constitutional responsibility by discharge from post according to the procedure of impeachment.

Section I General provisions

Article 1. The general bases of early termination of powers of the President of Ukraine in case of elimination from post according to the procedure of impeachment

1. Elimination of the President of Ukraine from post according to the procedure of impeachment (further - impeachment) is method of involvement of the President of Ukraine to the constitutional responsibility. The impeachment is extrajudicial constitutional process on which content the Verkhovna Rada of Ukraine in case of making of high treason or other crime by the President of Ukraine can stop ahead of schedule its powers, having discharged from post.

2. The impeachment is regulated by the Constitution of Ukraine, this Law, the Regulations of the Verkhovna Rada of Ukraine, and in the cases provided by this Law - other laws of Ukraine.

Article 2. Legal basis and principles of impeachment

1. The Verkhovna Rada of Ukraine can discharge the President of Ukraine from post according to the procedure of impeachment only in case of making of high treason or other crime by it.

2. The impeachment is performed on the principles:

1) supremacy of law;

2) observance of the Constitution of Ukraine;

3) legality;

4) equality before the law;

5) respect of human dignity;

6) ensuring right to liberty and security of person;

7) presumptions of innocence and ensuring validity of fault;

8) freedoms from self-exposure and the right not to witness against close relatives and family members;

9) ensuring right of defense;

10) freedoms in production of evidence and finishing their persuasiveness;

11) publicity and openness;

12) publicity;

13) rationality of terms.

Section II Initiation of Impeachment, procedure for creation and activities of special temporary commission of inquiry of the Verkhovna Rada of Ukraine

Article 3. Initiation of impeachment

1. The basis for initiation of impeachment is the written representation signed by most of People's Deputies of Ukraine from the constitutional structure of the Verkhovna Rada whose signatures do not respond.

2. The written idea of initiation of impeachment submitted for consideration of the Verkhovna Rada of Ukraine shall contain legal reasons for need of formation of special temporary commission of inquiry of the Verkhovna Rada of Ukraine (further - special temporary commission of inquiry). The documents and materials concerning this question or their copies certified properly can be attached to representation.

3. The written representation provided by part one of this Article without adoption of the separate decision on inclusion in the agenda of plenary session of the Verkhovna Rada of Ukraine is discussed according to the procedure of complete discussion according to the procedure, determined by Regulations of the Verkhovna Rada of Ukraine, on the next ambassador of day of its introduction the plenary session of the Verkhovna Rada of Ukraine.

4. The Verkhovna Rada by a majority vote of People's Deputies of Ukraine from its constitutional structure makes the decision on initiation of impeachment and its inclusion in the agenda of session of the Verkhovna Rada of Ukraine as immediate.

The Chairman of the Verkhovna Rada of Ukraine urgently notifies the President of Ukraine and the Chairman of the Constitutional Court of Ukraine on adoption of such decision.

Article 4. Procedure for creation of special temporary commission of inquiry, election of the special prosecutor and special investigators

1. In case of inclusion in the agenda of session of the Verkhovna Rada of Ukraine of question of initiation of impeachment the Verkhovna Rada of Ukraine for conducting investigation of availability of the fact and circumstances of making by the President of Ukraine of high treason or other crime creates special temporary commission of inquiry according to this Law.

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