Military Review

How the junta violated / violates the Constitution of Ukraine

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How the junta violated / violates the Constitution of Ukraine



Good health, I wish!

The followers of the current junta love to shout about the rule of law, the Constitution and the rights of a person whom no one shows and nobody knows. Western junta owners love to shout about the violation of the Constitution by the people of Crimea. Let's look at the documents.

Here is an analysis of the Constitution of Ukraine as amended by 30.09.2010.

The first is the so-called “self-elimination of President Yanukovych”. How did it start? Since after the signing of the agreement on 21.02.2014, the President’s residence and himself were attacked, threats to his life and health were expressed before and after. We look at what the Constitution says about it:


Article 105. The President of Ukraine enjoys immunity at the time of the execution of powers.
For the encroachment on the honor and dignity of the President of Ukraine, the perpetrators are brought to justice on the basis of law.
The title of the President of Ukraine is protected by law and retained for life, unless the President of Ukraine has been removed from office by impeachment.

Article violated.

After the departure of the president from the territory of Ukraine, he ceased to be president? Again we look:


Article 108. The President of Ukraine exercises his authority until the newly elected President of Ukraine assumes the post. The powers of the President of Ukraine are terminated early in the event of:
  • resignation;
  • the inability to exercise their powers for health reasons;
  • displacement from the post in the order of impeachment;
  • of death.


Article violated.

In order not to violate this article, an attempt was made to physically eliminate the president. With the latter reason, everything is transparent, but maybe it was not broken? Maybe he was sick, or he was dismissed, or is there some way of resigning?

Look further:

Article 109. The resignation of the President of Ukraine takes effect from the moment he personally announces the resignation at a meeting of the Verkhovna Rada of Ukraine.

No statements.
Article does not apply.


Article 110. The impossibility of the fulfillment by the President of Ukraine of his powers for health reasons must be established at a meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted by a majority of its constitutional composition on
on the basis of a written submission of the Supreme Court of Ukraine - upon the appeal of the Verkhovna Rada of Ukraine, and a medical report.

There was no medical report, there was no presentation on this occasion. The Rada did not hold.
Article does not apply.


Article 111. The President of Ukraine may be removed from office by the Verkhovna Rada of Ukraine in order to impeach if he commits treason or other crime.
The question of the removal of the President of Ukraine from his post by impeachment is initiated by a majority of the constitutional composition of the Verkhovna Rada of Ukraine.
To conduct an investigation, the Verkhovna Rada of Ukraine creates a special temporary investigative commission, which includes a special prosecutor and special investigators.
The conclusions and proposals of the temporary investigation commission are considered at a meeting of the Verkhovna Rada of Ukraine.
If there are grounds, the Verkhovna Rada of Ukraine shall decide on the accusation of the President of Ukraine by at least two thirds of its constitutional composition.
The decision to dismiss the President of Ukraine from office by impeachment is taken by the Verkhovna Rada of Ukraine at least three quarters of its constitutional composition after reviewing the case by the Constitutional Court of Ukraine and obtaining its opinion regarding compliance with the constitutional procedure for investigating and examining the impeachment case that the acts of which the President of Ukraine is accused contain signs of treason or another crime.

There was no commission, there was no investigation, there were no charges ... yes, there was nothing.
Article does not apply.

There was not one of the legal ways provided for by the Constitution to transfer presidential powers to another person. But look further. Suppose the president is gone, what can do IA, sorry, AND ABOUT.


Article 112. In the event of early termination of the powers of the President of Ukraine in accordance with the Articles 108, 109, 110, 111 of this Constitution, the fulfillment of the duties of the President of Ukraine for the period until election and assuming the new President of Ukraine is entrusted to the Prime Minister of Ukraine. The Prime Minister of Ukraine during the period when he fulfills the duties of the President of Ukraine cannot exercise the powers stipulated in paragraphs 2, 6, 8, 10, 11, 12, 14, 15, 16, 22, 25, 27 of the 106 article of this Constitution.

Article violated. How exactly - below + big surprise.

Wonderful, let's see what can't do IA? The points.

Excerpts from 106 articles. President of Ukraine:


2) addresses messages to the people and annual and special messages to the Verkhovna Rada of Ukraine on the internal and external position of Ukraine;

De jure, the Oncological Institute did not address the messages, we will assume that this IA I did not do it, although he often sends Radu.


6) appoints an all-Ukrainian referendum on amendments to the Constitution of Ukraine in accordance with Article 156 of this Constitution, proclaims an All-Ukrainian referendum on popular initiative;

Here we are. And he cannot appoint a referendum, as the people demand. Therefore, to demand an all-Ukrainian referendum from IA meaningless, but sentences IA to spend it were, and in vain.
Item broken.


10) appoints, on the proposal of the Prime Minister of Ukraine, members of the Cabinet of Ministers of Ukraine, heads of other central executive bodies, as well as chairmen of local state administrations and terminates their authority in these positions;

Selected by me. Right here great ass. ALL nominated "governors" are illegal! Can not IA do this The people of Ukraine, take note!
Item broken Repeatedly!


11) appoints, with the consent of the Verkhovna Rada of Ukraine, the position of Prosecutor General of Ukraine and dismisses him from office;

Attorney General appointed.
Item broken.


12) appoints half of the composition of the Council of the National Bank of Ukraine;

I can not judge here, I have not heard about the appointments in the National Bank.
Point (not) broken?


14) appoints and dismisses, with the consent of the Verkhovna Rada of Ukraine, the Chairman of the Antimonopoly Committee of Ukraine, the Chairman of the State Property Fund of Ukraine, the Chairman of the State Committee for Television and Radio Broadcasting of Ukraine;

Appointments were ...
Item broken.

15) creates, reorganizes and liquidates, at the suggestion of the Prime Minister of Ukraine, the ministries and other central executive authorities, acting within the limits of funds allocated for the maintenance of executive authorities;

The dissolution of the "Berkut", the creation of the National Guard under, etc. Another ass!
Item broken.


16) annuls acts of the Cabinet of Ministers of Ukraine and acts of the Council of Ministers of the Autonomous Republic of Crimea;

There are no comments at all! laughing
Item broken


22) appoints a third of the composition of the Constitutional Court of Ukraine;

The composition of the court changed.
Item broken


25) awards state awards; establishes presidential awards and awards them;

27) pardons;

I have not heard about the changes here.


President of Ukraine acts issued within the powers provided for in paragraphs 3, 4, 5, 8, 10, 14, 15, 17, 18, 21, 22, 23, 24 of this Article shall be countersigned by the Prime Minister of Ukraine and Minister responsible for act and its execution.

Do on acts from IA The relevant signatures are unknown.

In another edition of the Constitution, there are changes in what cannot be done. IAFor example, in the Crimea may cancel. Around this and fussing, what kind of constitution works. But the point about the inadmissibility of appointing heads of regions is in both editions.

Tell the Ukrainians: all "nominated" IA Heads of regional administrations under any Constitution are illegal!

I have the honor!
Author:
28 comments
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  1. mirag2
    mirag2 April 17 2014 08: 25
    +6
    Yes, roughly, what is the constitution?
    Yanukovych simply escaped, otherwise he would have received cuffs.
    Nobody re-elected him in any way, which means he was displaced as a result of the coup.
    That's all. And that Europe believes that a revolution has taken place in Ukraine, popular, democratic, almost holy — this is her point of view, absolutely divorced from reality, because it is FAVORABLE for Europe.
    1. Kazanec
      Kazanec April 17 2014 08: 29
      +3
      He would not only get tumaks, he would lose his head, and then everything else would be under the constitution.
      1. mirag2
        mirag2 April 17 2014 08: 35
        0
        Well, yes. And for the European Parliament, and depriving Yanukovych of his head would also be a constitutional act of the people tortured by Yanukovych in collusion with Putin.
        1. Alexander Romanov
          Alexander Romanov April 17 2014 08: 40
          +2
          This is not a violation of the constitution, this is democracy. Spit on everything, spit on everyone.
    2. predator.3
      predator.3 April 17 2014 08: 55
      +1
      Quote: mirag2
      Yanukovych simply escaped, otherwise he would have received cuffs.

      We wouldn't be limited to tumaks, he would just try on a "wooden pea jacket"! How everything is heated according to the law, everything is according to the constitution!
      1. Ased
        Ased April 17 2014 10: 55
        0
        According to the laws, you can now transplant the floor of Kiev.
        But the judges fell under the hand and now the winner will judge!

        But a couple of years will pass and new prosecutors will raise so many cases on the Maidan events! Oh! Compram is accumulating!
  2. domokl
    domokl April 17 2014 08: 25
    +4
    People who came to power violating all the laws of the country and the same Constitution, can not comply with it later ... The Constitution is either respected or violated ... And to observe it in the right places and at the right time and, accordingly, not to comply when you this is nonsense ...
    1. from punk
      from punk April 17 2014 08: 30
      +2
      Quote: domokl
      People who come to power in violation of all the laws of the country and the same Constitution, can not comply with it and then ... The Constitution is either respected or violated

      and who will bother them or scold them? One of the first things they did was to kick the constitutional judges.
  3. ya.seliwerstov2013
    ya.seliwerstov2013 April 17 2014 08: 26
    +4
    Hands off brotherly
    people
    mad servants of Satan
    under the fake slogan
    "freedom"
    you carry the horrors of war.
  4. ZU-23
    ZU-23 April 17 2014 08: 26
    +3
    Yes, in general, you can’t talk about this already, terror steers the country and everyone is not lazy, just not Russia smile
  5. Signaller
    Signaller April 17 2014 08: 29
    +1
    Of course, all this lies in the plane interesting and uninteresting. For us, only the side of the observer remains in this matter. Like Cute fighting ........ If the population of Ukraine did not like it, it was a long time different, but apparently like it. You can’t say otherwise.
  6. inkass_98
    inkass_98 April 17 2014 08: 34
    +1
    What kind of Constitution can we talk about if the juntas themselves do not know what edition they live in? They apply those provisions that are currently convenient for them. The Basic Law is like a drawbar. It is necessary to throw Yanukovych - the edition of 2004 is applied, it is necessary to declare martial law - the edition of 2010, and they will write their own edition later. If you manage and live.
    1. koshh
      koshh April 17 2014 11: 40
      0
      and now they are changing the poor a bunch of times, although they have no rights to this.
  7. Sma11
    Sma11 April 17 2014 08: 34
    +1
    The winning side will establish what was violated and what was not.
    Winners write the story, so no losers are mentioned.
    (Arthur Drexler)

    Easier to say. Whoever got up, that and slippers..
  8. Grenz
    Grenz April 17 2014 08: 36
    +1
    What an educational program!
    It is interesting - the United States, starting the next "democratization" of the country, reads the content of the Constitution of a potential victim?
    No, and will not, no matter how much they are called for.
    And it's time for us to take off our white gloves and use the same methods. Not to sentiment.
    They climbed - got in the face, with no apologies, it comes faster than diplomatic curtsies.
    Although sometimes they are needed. But now only in power is power. We cleaned the striped muzzle and you can change it.
  9. Yun Klob
    Yun Klob April 17 2014 08: 36
    +1
    Listen to the junta, so Obama's departure outside the United States makes him an illegitimate president repeat
  10. grog_bm
    grog_bm April 17 2014 08: 47
    +1
    In my opinion, it was just a revolution (what it is), but where does all the legislative acts and branches of power that have remained from the previous government, I don’t understand !! Why try to blame just a change of power, if it was a violent overthrow of a legitimate power, some kind of nonsense !!! Ukraine your mother !!! They can’t name what happened in real language - they wanted to show off !!!
  11. ArhipenkoAndrey
    ArhipenkoAndrey April 17 2014 08: 50
    0
    Well, just like in the films "Bumbarash" and "Wedding in Robin" almost literally. And yet, why does the bandit need a constitution, now they will equalize everyone, and then the owners will come and do everything for themselves - that is, a new order is coming, if the Maidaks are not broken off in time, and if it's serious, then, if I may say so, the leaders have already shit with legality. ears, and on this they will go to the end, regardless of the victims like rats cornered.
  12. parusnik
    parusnik April 17 2014 08: 51
    +1
    Words Constitution, rights are just words, name the country where all this is respected thoroughly ..
  13. sem-yak
    sem-yak April 17 2014 09: 00
    +1
    One GAETS long ago told me - you have to ride by the rules!
    I asked - How is it?
    He poured another one explaining - put the rules in expanded form on the road and drive along them!

    So it is with the constitution! Who is at the helm that tramples her!

    The law is that drawbar. . .
  14. Soviet_Union
    Soviet_Union April 17 2014 09: 11
    +1
    But Americans and Europeans did not read the Constitution of Ukraine. They didn't care about her.
  15. Giant thought
    Giant thought April 17 2014 09: 11
    0
    Only for what the junta created with Ukraine, the junta is worthy of the death sentence.
  16. Stiletto
    Stiletto April 17 2014 09: 14
    0
    The one who has more rights is right. And the law in our world has long been a drawback. So far, only Russia is trying to comply with international agreements, the rest of the countries have put on them for a long time and with the device. The constitution, declarations, treaties and other bedtime stories do not coincide with the affairs of the world community. Therefore, either we are bending our line, or bending us - there is no other way.
  17. sem-yak
    sem-yak April 17 2014 09: 17
    +2
    WELL WITHOUT KOMINTARIEV. . .
  18. kocclissi
    kocclissi April 17 2014 09: 18
    0
    Turchinov-donkey Eeyore ......
  19. andj61
    andj61 April 17 2014 09: 57
    0
    A mutiny cannot end in luck
    And then he would be called differently!

    What would you call? The revolution. But the process is not finished, it continues, and February follows October.
  20. sokrat7
    sokrat7 April 17 2014 10: 23
    +2
    How could law enforcement agencies obey the junta? This is what interests me the most. In fact, the security forces should have arrested all these newly-minted "presidents", "prime ministers" and the like, as violating the country's constitution and carrying out a coup. Return the legally elected president to his place and control the situation in the country until the elections. I believe that all the security forces have betrayed the people, changed their oaths and are subject to criminal prosecution. Or am I wrong?
  21. Altona
    Altona April 17 2014 11: 19
    0
    Thanks to the author for a detailed legal analysis of the self-appointees in the power of Ukraine ... The actions of the junta are illegal in general, in principle, and in particular, and everything that happens is Makhnovism in its purest form ... The actions of the regions are quite logical ...
  22. Mikros
    Mikros April 17 2014 11: 57
    +2
    Article 17 of the Constitution of Ukraine.
    Defense of the Fatherland.
    CONSTITUTION OF UKRAINE
    Article 17. Zahist Sovereignty and Territorial Values
    Ukraine, care of the economy and information security є
    the most important functions of the state, the right of all Ukrainian
    to the people.
    Defense of Ukraine, zahist її sovereignty, territorial
    tsіlіsnostі і nedotorkannostі pledge on Zbroynі Strength of Ukraine.
    Protection of the sovereign bezpeki ’and zahist of the sovereign cordon
    Ukraine pays on vіdpovіdnі vііskі form
    law-enforcement organization powers, organization and order of duty
    Some are recognized by law.
    Zbroynі Forces of Ukraine that are in high form no one
    may buti vikoristanі for obmezhzhennya rights and freedoms of the population abo z
    by the way of the constitutional fret, the consolidation of the organs of power
    pereshkodzhannya іх dіyalnostі.
    Power zabpepechuє social zahist masses of Ukraine, as
    change service at the Ukrainian Forces in Ukraine
    vii form, as well as members іхніх сімей.
    On the territory of Ukraine, fence and function
    be any form that is not subject to the law.
    In the territory of Ukraine, it is not allowed to roztashuvannya foreign
    Vіyskovih bases.
    Constitution of Ukraine
    Article 17. Protection of the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security are the most important functions.
    The defense of Ukraine, the protection of its sovereignty, territorial integrity and integrity are assigned to the Armed Forces of Ukraine.

    Ensuring state security and protecting the state border of Ukraine is assigned to the relevant military units and law enforcement agencies of the state, the organization and procedure of which are determined by law.

    The Armed Forces of Ukraine and other military formations may not be used by anyone to restrict the rights and freedoms of citizens or to overthrow the constitutional order, eliminate authorities or impede their activities.

    The state provides social protection for citizens of Ukraine serving in the Armed Forces of Ukraine and other military units, as well as members of their families.

    On the territory of Ukraine, the creation and functioning of any armed formations not prescribed by law is prohibited.

    In Ukraine, the location of foreign military bases is not allowed.