Президент подав у Раду законопроект про імпічмент

 
Метою законопроекту є відновлення системи стримувань та противаг шляхом практичної реалізації процедури імпічменту

Президент України Володимир Зеленський подав у Парламент проект Закону «Про особливу процедуру усунення Президента України з поста (імпічмент)» (№ 10340).

Згідно з пояснювальною запискою до законопроекту, однією із підстав дострокового припинення повноважень Президента України, визначеного частиною другою статті 108 Основного Закону, є усунення з поста в порядку імпічменту. Усунення Президента України з поста в порядку особливої процедури (імпічменту) є одним із елементів системи стримувань і противаг та механізмом контролю суспільства за інституціями влади.

Метою і завданнями прийняття законопроекту є створення правових засад для гарантування реалізації народними депутатами України як представниками Українського народу парламентського контролю за дотриманням Главою держави Конституції та законів України, відновлення системи стримувань та противаг шляхом забезпечення можливості практичної реалізації процедури імпічменту Президента України.

Проект Закону визначає порядок дострокового припинення повноважень Президента України у разі усунення з поста в порядку імпічменту.

Проект передбачає, що:

процедура імпічменту ініціюватиметься більшістю народних депутатів України від конституційного складу Верховної Ради України;

з метою повного, всебічного та неупередженого розслідування утворюватиметься спеціальна тимчасова слідча комісія, до складу якої входитимуть народні депутати України (з урахуванням принципу пропорційного представництва депутатських фракцій та груп), спеціальнийпрокурор і спеціальні слідчі;

захист прав, свобод і законних інтересів Глави держави у процедурі імпічменту забезпечуватимуть захисники Президента України;

спеціальна тимчасова слідча комісія готуватиме висновки і пропозиції щодо вчинення Президентом України державної зради або іншого злочину;

пленарне засідання Верховної Ради, на якому розглядатимуться вказані висновки та пропозиції, буде відкритим (за винятком випадків, коли висновки і пропозиції або додані до них матеріали міститимуть інформацію, що становить державну або іншу охоронювану законом таємницю);

після прийняття Парламентом рішення про звинувачення Президента України Верховна Рада звертатиметься до Конституційного Суду (для отримання висновку щодо додержання конституційної процедури розслідування і розгляду справи про усунення Президента України з поста в порядку імпічменту) та Верховного Суду (для одержання висновку про те, що діяння, в яких звинувачується Президент України, містять ознаки державної зради або іншого злочину);

рішення про усунення Президента України з поста в порядку імпічменту прийматиметься лише у разі, якщо висновки Конституційного Суду та Верховного Суду засвідчать дотримання вимог Конституції та законів України;

постанова ВР про усунення Президента України з поста в порядку імпічменту вважатиметься прийнятою, якщо за нього проголосує не менш як 3/4 народних депутатів України від конституційного складу Парламенту і набере чинності з моменту оголошення головуючим на пленарному засіданні про її прийняття;

у разі неприйняття Верховною Радою постанови про усунення Президента України з поста в порядку імпічменту головуючий оголошує про припинення процедури імпічменту і дає доручення щодо публікації про це в газеті “Голос України”; оголошує про припинення повноважень спеціальної тимчасової слідчої комісії та від імені Парламенту вибачається перед Президентом України.

За повідомленням прес-служби Президента, Глава держави вкотре спрямував до Парламенту звернення щодо розгляду вже зареєстрованого законопроекту про скасування депутатської недоторканності (№ 7203). «Це було б чесно, якби ми провели разом ці два проекти», – заявив Руслан Стефанчук, Представник Президента України у Верховній Раді.

На думку Руслана Стефанчука, процедуру імпічменту має регламентувати окремий закон. Натомість зараз вона «розкидана» по різних документах (зокрема, йдеться про Регламент Верховної Ради та законопроект про тимчасові слідчі комісії).

Джерело: юрліга

143 thoughts on “Президент подав у Раду законопроект про імпічмент

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