Publication date: 03.07.2024
Liability for violation of rights and freedoms of citizens by the President
The President of Ukraine is the guarantor of the rights and freedoms of citizens, according to the Constitution of Ukraine. However, situations where the President's actions lead to violations of the rights and freedoms of citizens require appropriate accountability mechanisms. In this article, we will examine the legal basis, types of liability and procedures for holding the President accountable for violations of citizens' rights and freedoms.
Constitutional and legislative framework
TheConstitution of Ukraine: The fundamental law of the state that defines the legal status, powers and duties of the President of Ukraine. Article 102 of the Constitution of Ukraine proclaims the President as the guarantor of the observance of the Constitution, human and civil rights and freedoms.
TheLaw of Ukraine "On the President of Ukraine": Sets out the legal status of the President, his powers and the procedure for bringing him to justice for violations of the Constitution and laws of Ukraine.
TheLaw of Ukraine "On the Constitutional Court of Ukraine": Determines the procedure for reviewing cases on the constitutionality of the President's actions and his liability for violations of the Constitution.
Criminal Code of Ukraine: Provides for criminal liability for crimes committed by the President, including high treason and other serious crimes.
Types of liability of the President
Constitutional liability: The President may be held constitutionally liable for violations of the Constitution of Ukraine, including impeachment proceedings. Pursuant to Article 111 of the Constitution of Ukraine, the President may be removed from office by impeachment in the event of high treason or other serious crime.
Criminal liability: The President may be held criminally liable for crimes committed in the course of his or her duties. The procedure for criminal prosecution includes investigation, indictment and trial.
Political accountability: The President is politically accountable to the electorate and the Verkhovna Rada of Ukraine. Voters can vote no confidence in the President during elections, and the Verkhovna Rada can initiate impeachment proceedings in case of serious violations.
Moral responsibility: The moral responsibility of the president implies an obligation to adhere to ethical norms and principles in the performance of his or her duties. Violations of moral standards can lead to a loss of public trust and political support.
Procedures for bringing to justice
Impeachment: Impeachment proceedings may be initiated at the request of at least one-third of the constitutional members of the Verkhovna Rada. After that, a temporary commission of inquiry is established to investigate the circumstances of possible crimes committed by the President. The provisional investigatory commission conducts an investigation, collects evidence and prepares a report on the results of the investigation. After reviewing the report, the Verkhovna Rada votes to impeach the President. At least two-thirds of the constitutional membership of the Verkhovna Rada is required to pass the resolution. After adopting the decision, the Verkhovna Rada applies to the Constitutional Court of Ukraine for an opinion on whether the constitutional procedure was followed. After receiving the opinion, the Verkhovna Rada makes the final decision on the impeachment of the President.
Criminal proceedings: If the President commits a criminal offence, criminal proceedings are initiated. The investigation is carried out by the relevant law enforcement agencies. Upon completion of the investigation, the case file is submitted to the court for consideration. The court decides on the guilt or innocence of the President and imposes the appropriate punishment.
Constitutional control: The Constitutional Court of Ukraine has the right to review the constitutionality of the President's actions. If the President's actions are found to be in violation of the Constitution, appropriate measures may be taken, including the initiation of impeachment proceedings.
Challenges and issues
Political pressure: The procedure of bringing the President to justice may be subject to political pressure from various political forces, which may affect the objectivity of the investigation and decision-making.
Independence of the judiciary: Ensuring the independence of the judiciary is an important element of an objective review of presidential accountability cases. The lack of independence of the courts may lead to biased decisions.
Imperfect legislation: The lack of clear legal norms and procedures can complicate the process of holding the President accountable and create legal uncertainty.
Political instability: The procedure for holding the President accountable can lead to political instability and conflicts between the branches of power, which can have a negative impact on public administration and the economy.
Recommendations for improving the presidential accountability mechanism
Improvement of legislation: Develop and adopt clear legal acts regulating the procedure for holding the President accountable, including impeachment and criminal 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: Ensuring 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.
The responsibility of the President of Ukraine for violations of the rights and freedoms of citizens 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 responsibility, including constitutional, criminal, political and moral responsibility.
The procedure for holding the President accountable includes impeachment, criminal proceedings and constitutional control. At the same time, the implementation of the accountability mechanism faces numerous challenges, including political pressure, imperfect legislation, political instability and the independence of the judiciary.
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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