The document confirming intention of Yulia Tymoshenko Bloc to remove Victor Yushchenko from a post of the president by means of procedure of impeachment was yesterday for the Ukrainian "Kommersant" available.
Eight articles of the Criminal code according to which actions of the head of state can be qualified as a crime are listed in the project of representation of People's Deputies.
The project of representation of People's Deputies "About initiation of a question of discharge of the president of Ukraine Yushchenko Victor Andreevich from a position as impeachment in connection with commission of crimes" was developed by lawyers of Yulia Tymoshenko Bloc. Meanwhile in it there is a number of the facts, testifying what to achieve impeachment of the president BYuT fraction intends together with Party of Regions.
The edition of decrees about the early termination of powers of the Verkhovna Rada of the V convocation appears it the first in the list of "crimes" for which the president can be dismissed, strangely enough. "The publication of such acts was the unconditional evidence of intention of Yushchenko V. A. unconstitutional way to stop activity of the supreme representative body which the Verkhovna Rada is that led to heavy consequences in economic, political and social spheres as from April to September, 2007 activity as Rada was stopped, and People's Deputies", - it is spoken in the document. Actions of the head of state which allowed BYuT to realize in due time the plan of dissolution of parliament of the V convocation, according to authors of representation, contain signs of the crime provided by the Art. 344 Criminal codes ("illegal influence on People's Deputies for the purpose of preventing to performance of official duties by the person with use of the official position").
Authors of the document also consider illegal dismissal by Victor Yushchenko in April - May, 2007 of three judges of the Constitutional court - Valery Pshenichny, Syuzanna Stanik and Vladimir Ivashchenko. In their opinion, it was direct intervention in activity of judicial authority with the purpose to prevent performance of duties by it on implementation of justice and unauthorized assignment of powers of authority.
The list of the crimes allegedly allowed by mister Yushchenko on a post of the president, occupies eight pages. To it even remembered "unjustified expenditure", for example construction of a monument to Famine-Genocide victims in Kiev.
"For carrying out procedure of impeachment - and this serious test for the state - is necessary that this procedure didn't raise any doubts in the legitimacy. In this regard I am convinced that the law "About Temporary Commissions of Inquiry" has to be adopted, - the director of the department of the constitutional and administrative law of the Ministry of Justice Vladislav Fedorenko told.
We will remind, the bill of the temporary commissions of inquiry (TCI) was adopted by BYuT fractions and Party of Regions on September 2. And already a month later BYuT fraction, fulfilling requirements of partners for the coalition - "Our Ukraine - National self-defense", - I voted for its cancellation.
- The structure of crimes in actions of the president isn't present, - the People's Deputy Yury Klyuchkovsky (NUNS) declared having examined the bases for impeachment procedure. - Certainly, BYuT and Party of Regions have 300 voices, but, think, not all will vote for such things. Therefore I wouldn't count on the political solution of this business, and a legislative reason for impeachment I see.
Thus in BYuT in actions of the head of state find structure of the crimes provided by eight articles of the Criminal code. The minimum punishment on the brought charges is prescribed by a penalty in the amount up to 50 not taxable minima of the income of citizens, maximum - imprisonment for up to 10 years.
BYuT already looks for a way which would allow it to consider a question of impeachment of the president without adoption of additional laws. In the project of representation it is offered to consider this question according to Art. 111 of the Constitution which consolidates the right of the Verkhovna Rada to discharge the president of a position by means of impeachment procedure in case of commission by it "high treason or other crime".
"Specified article of the basic law provides not only the bases for removal of the head of state from a post as impeachment, but also contains provisions concerning impeachment procedure: initiation of this question by introduction of representation and decision-making by the Verkhovna Rada. The basic law doesn't provide need of regulation of these questions the law or other act", - prove the intention to do without adoption of law about VSK authors of the document.
The first vice-doesn't agree with it - the speaker Alexander Lavrinovich who claims that in the Constitution the right of VSK to carry out investigative actions isn't defined: "Therefore carrying out impeachment of the president without the law regulating these questions, is unreal".