Publication date: 03.07.2024
Responsibility of the President of Ukraine for the performance of official duties
The President of Ukraine plays a key role in the system of state power, performing the functions of the head of state and ensuring compliance with the Constitution of Ukraine. The President's liability for the performance of his official duties is an important aspect of ensuring the legality and effectiveness of his activities. In this article, we will examine the legal basis of the President's liability, types of liability, procedures for bringing to liability, as well as challenges and problems related to the implementation of this mechanism.
Constitutional and legislative framework
TheConstitution of Ukraine: The fundamental law of the state that defines the legal status, powers and responsibilities of the President of Ukraine. Articles 102-112 of the Constitution of Ukraine regulate the activities of the President, including his/her responsibility.
TheLaw of Ukraine "On the President of Ukraine": Sets out the legal status of the President, the procedure for exercising his powers and the grounds for bringing him to justice.
Law of Ukraine "On the Rules of Procedure of the Verkhovna Rada of Ukraine": Defines the procedure for considering the impeachment of the President, including the procedure for establishing a provisional investigatory commission, investigation and voting.
Criminal Code of Ukraine: Contains provisions that provide for criminal liability for high treason and other crimes that the President may commit in the course of his or her duties.
Types of liability of the President
Political responsibility: The political responsibility of the President includes responsibility to the electorate and the Verkhovna Rada of Ukraine. Voters can vote no confidence in the President during elections, and the Verkhovna Rada can vote no confidence in the government appointed by the President.
Criminal liability: The President may be held criminally liable for high treason or other crimes committed in the course of his or her official duties. The procedure for criminal prosecution includes investigation, prosecution and trial.
Constitutional responsibility: The President is responsible for the observance of the Constitution of Ukraine and other laws. Constitutional liability may include impeachment proceedings in the event of treason or other serious crimes.
Procedure for bringing to justice
Initiation of impeachment proceedings: Impeachment proceedings may be initiated upon a proposal by at least one third of the members of the Parliament of Ukraine from the constitutional composition of the Verkhovna Rada. After that, a temporary commission of inquiry is set up to investigate the circumstances of possible crimes committed by the President.
Investigation by the provisional commission of inquiry: The provisional investigatory commission conducts the investigation, collects evidence, interviews witnesses and prepares a report on the results of the investigation. The commission's report is submitted to the Verkhovna Rada for consideration.
Voting in the Verkhovna Rada: After reviewing the report of the provisional investigatory commission, the Verkhovna Rada votes on whether to impeach the President. At least two-thirds of the constitutional membership of the Verkhovna Rada is required to pass the impeachment resolution.
Decision of the Constitutional Court: Following the adoption of the impeachment resolution, the Verkhovna Rada applies to the Constitutional Court of Ukraine for an opinion on whether the constitutional procedure for impeachment proceedings was followed. The Constitutional Court provides its opinion, which is binding on the Verkhovna Rada.
Thefinal decision of the Verkhovna Rada: After receiving the opinion of the Constitutional Court, the Verkhovna Rada makes the final decision on the impeachment of the President. In case of impeachment, the President is dismissed from office.
Challenges and problems in exercising the President's responsibility
Political pressure: The president may face political pressure from other state institutions, political parties or the public, which may make it difficult to perform his duties.
Imperfect legislation: The lack of clear legal rules and procedures may complicate the process of holding the President accountable and create legal uncertainty.
Political instability: Impeachment proceedings can lead to political instability and conflicts between the branches of government, which can negatively affect governance and the economy.
Abuse of the impeachment procedure: Impeachment can be used as a political tool to remove the President from office, which can pose risks to the stability of the state.
Recommendations for improving the mechanism of presidential accountability
Improvement of legislation: Develop and adopt clear legal acts regulating the procedure for holding the President accountable, including impeachment, criminal liability and constitutional liability.
Ensure the independence of the judiciary: Increase the level of independence of the judiciary to ensure objective and impartial consideration of cases of impeachment of the President.
Strengthening political stability: Ensure the stability of the political system, preventing political conflicts and abuse of the impeachment procedure.
Increasetransparency: Ensure transparency of the procedure for bringing the President to justice, including public investigation, public information and access to information about the process.
Protection of the President's rights: Ensure that the President's rights are protected during the impeachment process, including the right to a defence, the right to counsel and a fair trial.
Conclusion.
Accountability of the President of Ukraine for the performance of his duties is an important element of the system of checks and balances in public administration. The Constitution of Ukraine and other legislative acts establish the legal basis for the President's accountability, including political, criminal and constitutional liability. At the same time, the implementation of the presidential accountability mechanism faces a number of challenges, including political pressure, imperfect legislation, political instability and abuse of the impeachment procedure.
To improve the presidential accountability mechanism, it is necessary to improve legislation, ensure the independence of the judiciary, strengthen political stability, increase transparency of the procedure and protect the rights of the President during the accountability process. The implementation of these measures will help ensure the legitimacy and effectiveness of the President of Ukraine, as well as increase public confidence in the state authorities.
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