Archive for August, 2012

Article 99.1. The procedure of the termination of a Deputy’s powers in the event of violating the first part of Article 65 of the Constitution

Article 99.1. The procedure of the termination of a Deputy’s powers in the event of violating the first part of Article 65 of the Constitution.

  1. If as a result of the debate prescribed in subparagraph (a) of Article 24.2 of this law, the Ethics Commission adopts a conclusion about a Deputy’s violation of the provisions set forth in the first part of Article 65 of the Constitution, then it is submitted to the speaker of the National Assembly within 24 hours.
  2. The conclusion of the Ethics Commission is included in the agenda of the next session and the upcoming four-day sitting of the National Assembly without voting.
  3. The Deputy indicated in the conclusion of the Ethics Commission is notified about the debate on the conclusion during a National Assembly sitting in a written form at least 7 days in advance. In the event of the Deputy’s absence, the debate on the issue may be postponed two times for two weeks at a time, after which it is discussed during the next four-day sitting regardless of his/her presence.
  4. The conclusion of the Ethics Commission is debated at the National Assembly in the manner prescribed by Article 55 of this law. The main reporter is a member of the Ethics Commission who is entitled to presenting the conclusion of the Ethics Commission. A co-reporter is either the Deputy indicated in the conclusion or another Deputy authorized by him/her.
  5. At the end of the debate, the issue of approving the conclusion of the Ethics Commission regarding the violation of the first part of Article 65 of the Constitution by the Deputy is put on vote. The resolution of the National Assembly is adopted by secret ballot with a majority vote of the Deputies who participated in the voting, if more than half of all Deputies have cast their votes.
  6. If the decision of the National Assembly prescribed in paragraph 5 of this Article does not receive sufficient votes for approval, then the Deputy is considered not to have violated the provisions of the first part of Article 65 of the Constitution.
  7. If the decision of the National Assembly prescribed in paragraph 5 of this Article receives sufficient votes for approval, then on the basis of that decision and the conclusion of the Ethics Commission, a protocol on termination of the Deputy’s powers is prepared, which is signed by the Speaker of the National Assembly and submitted to the Central Election Commission.

(Added on March 19, 2012 on LA-111)

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