29 October 2016

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Court to decide on Oct 19 if Yanukovych stripped president's title constitutionally

On October 19, Ukraine's Constitutional Court will consider a motion submitted by Ukrainian President Petro Poroshenko to probe into the constitutionality of stripping former Ukrainian President Viktor Yanukovych of his title, according to the court's press service.

Photo from UNIAN
Photo from UNIAN

The plenary session is to begin at 10:00 Kyiv time.

It will be held in the form of a written hearing.

As UNIAN reported earlier, on February 4, 2015, the Verkhovna Rada, Ukraine's parliament, passed a bill stripping the ousted former Ukrainian president, Viktor Yanukovych, of his title.

On February 22, 2014, Verkhovna Rada resolution No. 757-VII established that Yanukovych had removed himself from exercising his constitutional powers in an unconstitutional way, and was deemed not to be fulfilling his obligations as president.

In his motion, Poroshenko stresses that in keeping with the Constitution of Ukraine, the Verkhovna Rada has no right to strip a person of the title of President of Ukraine, and therefore the Ukrainian parliament exceeded its constitutional authority.

The document also said that the title of President of Ukraine is protected by law and retained for life, unless the president of Ukraine in question has undergone the procedure of impeachment.

Yanukovych acted in Russia’s interests as Ukraine president – PGO"Therefore, the Constitution of Ukraine stipulates the only way possible for stripping [the president] of presidential rank in Ukraine and does not authorize any authority to pass any separate document in any form to deprive [the title holder] of the title of President of Ukraine," the motion said.

At the same time, Poroshenko noted that amendments to the Constitution were needed to lawfully deprive the president of his title.

After Yanukovych fled to Russia, the Verkhovna Rada passed resolution No.764-VII on February 23, 2014, to entrust Chairman of the Verkhovna Rada Oleksandr Turchynov with the duties of President of Ukraine in accordance with Article 112 of the Constitution. Turchynov had been acting president until Poroshenko was elected president of Ukraine in early presidential elections on May 25, 2014.

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