June 11 sees another ‘Ze violation’ with the president disregarding Ukraine’s Constitution and law ‘On the prosecutor’s office’.
In his submission, Volodymyr Zelensky refers to Yuriy Lutsenko’s non-compliance with the requirements for the position due to the lack of higher legal education and required experience. However, Article 42 of the law ‘On the prosecutor’s office’ defines an exclusive list of grounds for dismissal.
There are only 3 such grounds:
- an application for early termination of powers at one’s own request;
- submission of the relevant body conducting disciplinary proceedings (Qualification and Disciplinary Commission of Prosecutors) or the Supreme Council of Justice;
- alimony debt, the total amount of which exceeds the amount of the relevant payments for twelve months.
Article 62 of the law ‘On the prosecutor’s office’ stipulates that the decision to dismiss a prosecutor should be made by a person authorized by this law only on the basis and within the submission of the relevant body conducting disciplinary proceedings against prosecutors or Supreme Council of Justice.
Article 19 of the Constitution of Ukraine provides that public authorities have to act only within the powers and in the manner prescribed by the Constitution and laws of Ukraine.
Thus, Zelensky’s appeal to the Verkhovna Rada to dismiss Yuriy Lutsenko from the Prosecutor General position violates Article 19 of the Constitution of Ukraine and Articles 42, 62 of the law of Ukraine ‘On the prosecutor’s office’.