About The Dismissal From Office Of Persons Who Combine Deputy Mandate With Other Activities

Original Language Title: Про особливості звільнення з посад осіб, які суміщають депутатський мандат з іншими видами діяльності

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/2783-15

                                                          
With a k o n u r as th n s {on the loss of effect of the law, as such which does not correspond to the Constitution of Ukraine (unconstitutional), see the decision of the Constitutional Court of N 2-рп/2008 (v002p710-08) from 29.01.2008} about the dismissal from Office of persons who combine Deputy mandate with other activities (Supreme Council of Ukraine (BD), 2005, N 34, 444) this act according to the Constitution of Ukraine (254 k/96-VR) determines the order the release from Office of persons who illegally combined Deputy mandate with other activities in the bodies of executive power, bodies of local self-government, having another representative mandate, included in the manual of the Board or Council of the enterprise, institution or organization that aims to profit.
Article 1. Incompatibility of the Deputy mandate with other activities 1. People's Deputy of Ukraine exercises its authority on a permanent basis.
2. the people's Deputy of Ukraine has the right to: 1) be a member of the Cabinet of Ministers of Ukraine, the head of the central body of the Executive power;
2) have a different representative mandate or at the same time be in the civil service;
3) hold the position of urban, rural, village head;
4) engage in any except the Deputy, paid work, except teaching, research and creative activity, as well as medical practices in the performance of the duties of Deputy;
5) be as expert bodies of the pre-trial investigation, the Procurator's Office, the Court, as well as to engage a lawyer activity;
6) be part of management, the Board or the Board of the enterprise, institution or organization that aims to profit.
Article 2. Sphere of Action Law Action of this Act apply to persons who illegally combined Deputy mandate with other types of activities.
Article 3. The procedure for the dismissal of the President of Ukraine and the Cabinet of Ministers of Ukraine of positions of persons who combine Deputy mandate with other types of activity on the positions that are appointment and dismissal of which carries out the President or the Cabinet of Ministers of Ukraine of 1. A person who within fifteen calendar days from the day of appointment, that is inconsistent with their mandate violates the requirements concerning incompatibility Deputy mandate with other types of activity on the positions that are appointment and dismissal of which carries out the President or the Cabinet of Ministers of Ukraine, and not filed in accordance with the law the statement about the resignation of must be liberated from the position of a corresponding decision of the President or the Cabinet of Ministers of Ukraine.
2. After the expiry of the term provided for part one of this article, in accordance with the President or the Cabinet of Ministers of Ukraine are obliged within five calendar days to take the decision to release the person from the post, which is incompatible with their mandate, and within three days inform the Verkhovna Rada of Ukraine on the decision.
Article 4. The procedure for dismissal from Office of persons who combine Deputy mandate with other activities 1. A person who within fifteen calendar days from the day of appointment, that is inconsistent with their mandate violates the requirements concerning incompatibility Deputy mandate with other types of activities provided for in clauses 2-6 part two of article 1 of this law, and not duly filed a statement of resignation national Deputy of Ukraine, shall be released from Office by the decision of the relevant body of State power , organ of local self-government, enterprises, institutions, organizations or official, the competence of which belongs to the appointment and dismissal of the person.
2. The results of the consideration of the question of the release of a person from the post, which is incompatible with their mandate, and of the decision within three calendar days submitted to the Verkhovna Rada of Ukraine.
Article 5. Effect of Act on appointment of a person who is a member of Parliament of Ukraine, on the post that is inconsistent with their mandate to Act on the appointment of a person who is a member of Parliament of Ukraine, on the post that is inconsistent with their mandate, stops twenty calendar days from the day of its publication, if the powers of the people's Deputy of Ukraine are not terminated in accordance with the law.
Article 6. Liability for violations of this law persons guilty of violating this law, shall bear responsibility according to the law.
Article 7. Final and transitional provisions 1. This law comes into force from the day of its publication.
2. To establish that the Act on the appointment of a person who is a member of Parliament of Ukraine, on the post that is inconsistent with their mandate, and is valid on the day of enactment of this Act, lose their validity after five calendar days from the date of enactment of this Act, if the powers of the people's Deputy of Ukraine are not terminated in accordance with the law.
3. Establish that from the date of enactment of this Act, in the case of non-fulfillment of people's Deputy of Ukraine requirements concerning incompatibility Deputy mandate with other types of activities, at the request of the Committee of Verkhovna Rada of Ukraine, the competence of which belong questions of ethics, Chairman of the Verkhovna Rada of Ukraine gives an order to block the action of personalized e-card to vote the national Deputy of Ukraine, the termination charge him salary and reimbursement of other expenses associated with the performance of parliamentary duties.

President of Ukraine v.Yushchenko Kyiv, July 8, 2005 N 2783-IV