Impeachment: what it is in simple words and examples. Trump could be impeached. What does it mean? Impeachment process

The British became pioneers in the difficult task of bringing senior government officials to justice. Back in the 14th century, the English lords decided that the royal favorites had received too much freedom, and quickly passed a corresponding law. After which the king’s favorites could no longer roam freely - for excessive “pranks” they were brought to trial by the House of Lords. But the head of state still remained inviolable.

A real “parade of impeachments” swept through the countries of South America in the 1990s and early 2000s. Brazil made a start by opposing its president, Fernando Color de Melo. The leader did not wait for the end of the trial on charges of corruption and resigned in December 1992. However, the Senate nevertheless brought the matter to an end and impeached Color.

Accusations of corruption have been the main reason for the removal of presidents in Latin American countries. On August 31, 1993, the Venezuelan National Congress found the country's president, Carlos Andres Perez, guilty of embezzling 250 million bolivars from government funds. He was impeached, and in 1996 the court found Perez guilty and sentenced him to house arrest for a period of two years and four months.

The Ecuadorians also liked the idea. In February 1997, the country's National Congress declared that President Abdala Bukaram was unfit to lead the state due to “mental incapacity.” Bucaram was accused of discrediting the office of the head of state, illegal “use of the armed forces for personal purposes,” corruption and inappropriate behavior. During public appearances on television, the president loved to sing and dance for his beloved people. The people did not appreciate his talents; Bucaram had to emigrate to Panama.

In November 2000, Peruvian President Alberto Fujimori fled the country due to mass protests caused by revelations of corruption schemes in his circle. He asked for political asylum in Japan and from there announced his resignation from his post. The Peruvian Congress did not accept the president’s voluntary resignation and removed him from office with the original wording “for persistent moral failure.” Fujimori was later accused of embezzling government funds and leading operations that led to massacres in 1991-1992.

Paraguayan President Fernando Lugo was also impeached in 2012. Parliament accused him of improper performance of official duties. This, according to the initiators of the process, led to the death of 17 people in July 2012 during an armed clash between police and landless peasants. However, most Latin American countries considered these events a coup d'etat and recalled their ambassadors from Paraguay. In addition, the country's membership in the Common Market of South America (MERCOSUR) and the Union of South American Nations (UNASUR) was temporarily suspended.

Of course, the Americans could not ignore the heritage of their ancestors from Foggy Albion. An attempt to use the provisions of the Constitution against the President of the United States was recorded in 1860, during the days of the Republican struggle with Andrew Johnson - it seemed to the senators that the head of state was too close to the southern states, and as a result of his actions, all the gains of the Civil War could be lost. The struggle went on with varying success; the votes for impeachment were never collected, although they gathered for this more than once.

Well, in modern US history, the most famous cases are Watergate with the participation of Richard Nixon and a more piquant episode with Bill Clinton. Nixon was accused of using wiretapping, and a scandal broke out. However, the president resigned before the Senate took up the issue, allowing his successor, Gerald Ford, to pardon his unfortunate predecessor. Although analysts believe that it was not a matter of wiretapping, but of the Vietnam War: Nixon wanted to stop it, but the “hawks” who nominated Ford could not allow this.

The reason for the investigation into the Bill Clinton story was not the fact of the president’s sexual relationship with intern Lewinsky. A little earlier, a trial was held on charges of a loving politician by Paula Jones - the lady claimed that while still governor of Arkansas, Clinton allowed himself to sexually harass her. And here Clinton, answering the question whether he had a sexual relationship with Monica Lewinsky, answered “no,” while under oath. Adultery is not punishable, but perjury is a criminal offense and grounds for impeachment. According to the US Constitution, more than two-thirds of the votes of senators (67 out of 100) are required to approve the resignation of the head of state. However, at that time in the Senate there were 55 Republicans and 45 Democrats - Clinton's party members. So in February 1999 the procedure was stopped.

Impeachment proceedings began three times against the first Russian president, Boris Yeltsin. The issue arose for the first time in March 1993 on the initiative of the Supreme Council and the Congress of People's Deputies of Russia. After long negotiations between the Supreme Council and the President, the question of the powers of the head of state was put to a national referendum. As a result, the president retained his post.

In September 1993, after the presidential decree to terminate the Congress and the Supreme Council, the question of impeachment arose again. Here a conflict arose between the Tenth Congress and the executive branch, which did not recognize its legitimacy. The situation, as we know, was resolved with the use of weapons. And in 1998-1999, a special parliamentary commission was created in the State Duma to consider the issue of Yeltsin’s impeachment. However, during the voting, none of the charges brought against the president received the support of the majority of deputies.

The third president of Lithuania, Rolandas Paksas, lasted only a year in office. In 2004, the Sejm impeached him. The reason was the granting of Lithuanian citizenship to Russian businessman Yuri Borisov. He allegedly donated 400 thousand dollars to the presidential election campaign. The Lithuanian leader himself stated that he did not intend to serve either the Americans or Russia, but only the Lithuanian people. And this, according to Paksas, did not please those countries that think that they rule the world.

The president of the country, like any participant in the executive branch, is responsible for his actions to the people. As a measure limiting the powers of the leader of the state, the legislation provides for a mechanism for removing him from power.

Precise definition

What is impeachment in relation to the president. The concept of impeachment appeared in legal practice in the 15th century. The deprivation of powers procedure was first tested in England. It provided for an investigation into a case of violation of existing laws charged to an official.

English legislation was borrowed by North American partners, who introduced the concept of presidential impeachment. The US Constitution sets out in detail the plan of action when a vote of no confidence is passed. The mechanism is provided for in relation to managers at different levels – national and regional.

Attention! The term comes from the Latin verb “impedivi” - “impeded, stopped.”

What is impeachment of an official? Impeachment serves as an act of demonstrating maximum distrust of a powerful leader. This is a legitimate way to remove him from power before the end of his term of office. The word is borrowed from English. Translated, impeachment means “mistrust.” The meaning of the word impeachment indicates suspicions raised against an official.

Features of Russian legislation

The definition of impeachment was introduced into the legislation of the Russian Federation to designate actions to attract the president of the country.

According to the established norms of the Constitution, the head of state has legal immunity. Since 1993, Article 93 has appeared in the Basic Law of the Russian Federation, which provides for impeachment of the head of state if he is accused of serious crimes (for example, treason).

The accusing party is the State Duma, which accuses the country's highest official of violations justified by a special commission. The accusation must be supported by at least 30% of the deputies of the lower house of parliament. Votes are collected using ballots by secret ballot.

A prerequisite for bringing the head of state to justice is a report on behalf of the Supreme Court, which has found signs of a crime in the actions of the current president. On its basis, the Duma draws up a resolution on a vote of no confidence and sends it to the upper house of parliament.

The impeachment procedure involves a vote by senators on the proposed request. To bring it into effect, the support of more than 60% of the members of the Federation Council is required. The period for reviewing the document is up to 3 months. After this time, the claim becomes invalid. The final decision comes into force after the Constitutional Court confirms the accuracy of compliance with the regulations.

Important! The mechanism for removing a powerful leader from power before the end of his term of office has been used three times in the history of Russia: in relation to President Boris Yeltsin in 1993 (2 times) and in 1999.

In a democratic society, compliance with laws is the cornerstone of the existence of a socio-political system. The status of the highest official of a power protects the leader from legal claims during the term of election; impeachment allows this to be done, regardless of power.

Practice of foreign countries

In foreign countries, impeachment is not provided for in all legislation. In cases where there is a need for early removal of powers from the head of state, a plebiscite is used. The referendum is carried out in 3 stages. During it, signatures of people who voted for a candidate in the presidential election are collected.

Let's list these stages:

• at least 1% of the total number of voters;
• not less than 20%;
• at least 50%.

Attention! There are countries where impeachment is impossible. In Vietnam, North Korea, Uzbekistan, Indonesia, Algeria, a leader cannot be deprived of power before the expiration of his legitimacy.

If half of the voters express a desire to replace the head of state, then the impeachment procedure is considered completed.

Description of the procedure

The removal of a president from his position is carried out according to strict regulations prescribed by law. The sequence of actions in this operation is provided for in the Constitution. Compliance with all requirements is monitored by the Constitutional Court.

The procedure consists of several stages:

1. Raising legal charges for violation of the law through the highest legislative body (parliament).
2. Confirmation by the Supreme Court of the presence of corpus delicti in the actions of the accused.
3. Drawing up a legislative act on the deprivation of power in the lower house of parliament (State Duma in Russia, House of Representatives in the USA, House of Commons in the UK).
4. The approval of the conclusion on the removal of a country from its position takes place in the upper house of parliament (Council of Federations in Russia, Senate in the USA, House of Lords in the UK).

The right to announce the final verdict belongs to the Supreme Judge.

Reasons for a vote of no confidence

The legislation of different states defines its own list of reasons for passing a vote of no confidence in the leader of a state, based on the interpretation of what the word impeachment means.

In most countries the following are considered serious offences:

1. Treason, support for forces hostile to the state.
2. Bribery, corruption.
3. Perjury, obstruction of justice.
4. Engagement in entrepreneurial activity.
5. Violation of the laws of the country.
6. Illegal dissolution of parliament.
7. Inadequate performance of assigned duties.
8. An attack on the constitutional order.

Examples from history

The practical use of the legislative mechanism for removing a leader from his post did not occur often. At the turn of the 20th-21st centuries, several presidents learned what the word impeachment means:

In the United States, the word impeachment was used in relation to three presidents:

1. Andrew Johnson in connection with the illegal resignation of the head of the War Department (1868);
2. Richard Nixon, in the case of secret wiretapping of the headquarters of the Democratic Party - Watergate (1974);
3. Bill Clinton for perjury and obstruction of justice (1998-1999).

Nicholson himself resigned, and acquittals were made in the Clinton and Johnson cases.

Useful video: what is impeachment?

The post of a national leader puts forward strict demands on a person’s behavior and his compliance with the position held. Evasion of legal compliance is grounds for pressing charges.

You can often hear the word “impeachment” on TV screens. What is this in simple words? Who was subjected to this procedure and in which countries?

Usually, he is remembered during a political or economic crisis. You can learn more about this from the article.

Definition of the concept

The word has English roots and is translated as “distrust.” What is impeachment? This definition implies a special judicial procedure against officials with their subsequent removal from their positions. An official means both a minister and a president.

History of origin

The meaning of impeachment originated in the fourteenth century in England. received the right to bring the king's ministers to trial by the lords. The basis was a criminal case. Previously, only the ruling monarch had the right to make such a decision.

Over time, this procedure was enshrined in US law. Judges and governors may be subject to impeachment.

In the legislation of different countries

Now it is clear what impeachment is. In simple words, this is the removal from office of a public servant. There is a similar procedure in most states. Basically, the issue of impeachment is decided at the government level. However, in Liechtenstein the procedure for removing a prince from power is carried out on the basis of a popular referendum.

In the United States, the question of impeachment is put forward in the House of Representatives. Then there must be a majority vote (two-thirds) in the Senate.

In Ukraine, the institution of impeachment relates to the office of the president. This is described in the third article of the Constitution. The Verkhovna Rada removes him from power. 226 deputies or more must vote. The reason could be another crime.

"Impeachment Parade"

To better understand what it is in simple words (impeachment), real examples should be given. In Europe, there are practically no cases of cases being completed. I can only remember 2004. Paksas was accused of granting citizenship to businessman Yuri Borisov in exchange for a donation of four hundred thousand dollars. Rolandas Paksas did not admit his guilt, but was suspended.

The situation in the countries of South America is much more interesting. So in Brazil the Senate opposed the president. Fernando Colora di Melo resigned, but the government decided to see the matter through. The president was impeached on charges of corruption.

The Venezuelan government brought a similar charge against Carlos Perez. The president was removed from power and placed under house arrest for two years.

In 1997, a trial began in Ecuador against Abdala Bucaram. He was accused of several counts: illegal use of armed forces, inappropriate behavior and corruption. As a result, the Ecuadorian “dance lover” emigrated to Panama.

In 2000, an incident occurred in Peru. The President fled the country to Japan. The reason for this was mass protests, which were provoked by corruption among Alberto Fujimori’s entourage. The leader of Peru resigned, but Congress did not accept it and brought the impeachment procedure to an end. He was accused of "persistent moral failure."

Sometimes impeachment led to a deterioration in relations with other countries. So in 2012, in Paraguay, the president was accused of improper use of his official duties. Parliament removed him, but many Latin American states considered that a coup had occurred in Paraguay and recalled their ambassadors.

In the United States, three attempts were made to remove a president: Richard Nixon. But in two cases they were acquitted by the Senate, and Nixon resigned without waiting for the government's decision.

In the legislation of the Russian Federation

In Russia there is also an institute that is difficult to understand in simple words. The procedure is described in the ninety-third article of the country's constitution. If the president has committed a crime, the State Duma brings charges against him. The Supreme Court and the Federation Council also give their confirmation.

Attempts to remove Boris Yeltsin

The meaning of impeachment lies not only in the removal of a president or a senior government official from office. It is necessary to bring him to trial. Although most often there is talk of impeachment when the president and the government cannot agree. What impeachment of a president is is also known in the Russian Federation.

In Russia, three attempts were made to carry out the removal procedure. All of them were directed against Boris Yeltsin. The first time this happened was in 1993, but by decision of a popular referendum the president retained his post. In the same year, another conflict situation arose between the leader of the state and government officials. To resolve it, we had to use weapons.

In 1998, a parliamentary commission was created under the State Duma. She prepared charges for which Yeltsin was threatened with impeachment, but none of the points received a majority of votes from deputies.

Every removal from power carries political consequences. Even if it was done in a legal way.

The Russian Constitution provides for several grounds for termination of the powers of the President.

The powers of the head of state are terminated as usual due to the expiration of the term for which he was elected, in accordance with Part 1 of Art. 81 of the Constitution, this period is six years. The end of this period is determined by the day the newly elected head of state takes the oath of office.

The constitutional regulation of the status of the President provides grounds for early termination of his powers. Such grounds, according to Part 2 of Art. 92 of the Constitution, there are three:

• - President's resignation;
• - inability for health reasons to exercise his powers;
• - removal of the President from office.

According to generally accepted state legal practice, the resignation of the President is understood as the voluntary resignation of the head of state from his post.

A more complex process for terminating presidential powers for health reasons. The regulations of the Russian Federation do not establish the procedure and process for establishing the fact of permanent disability, what its criteria are, how to ensure this kind of decision, and who will make it public.

The procedure for removing the President from office, in contrast to the two mentioned grounds for termination, is spelled out in detail in the 1993 Constitution of the Russian Federation. The removal of the President from office acts as a form of state legal responsibility of the head of state. According to the Constitution, the basis for such a decision by Parliament is the commission of high treason or another serious crime by the President. In addition to the general responsibility that every citizen of Russia bears for such actions, the President also faces state legal responsibility in the form of dismissal from his position.

Contained in Art. 93 of the Constitution, the concepts of “high treason” and “serious crime” are specified in the Criminal Code of the Russian Federation. According to Art. 275 of the Criminal Code of the Russian Federation, high treason is understood as espionage, giving away state secrets or otherwise providing assistance to a foreign state, foreign organization or their representatives in carrying out hostile activities to the detriment of the security of the Russian Federation.

The procedure for removing the President from office under the Constitution of the Russian Federation is quite complex. Its complexity is determined by the special role of the President in the state mechanism, the need to create a system of guarantees against the unreasonable use of this measure of responsibility.

The procedure for removing the President from office is implemented on the basis of close interaction between the chambers of the Federal Assembly. The President is accused of committing high treason or another serious crime by the State Duma. The procedure for bringing charges is regulated by the Constitution of the Russian Federation and Chapter 22 of the Rules of the State Duma. According to Part 2 of Art. 93 of the Constitution, the initiator of raising the issue of impeaching the President can be a group of deputies numbering at least one third of the deputies of the State Duma. Materials presented by the initiative group are subject to consideration at a meeting of the chamber. According to Part 2 of Art. 177 of the Rules of the State Duma, a special commission is elected by the State Duma consisting of a chairman, his deputy and 13 commission members. The chairman of the commission is elected by the State Duma by open voting by a majority vote of the total number of deputies of the chamber. Members of the commission are elected on the nomination of deputy associations by a general list by a majority vote of the total number of deputies of the State Duma. The deputy chairman of the commission is elected at its meeting.

The special conclusion is submitted by the preparatory commission to the State Duma and is subject to discussion at its meeting. Within the meaning of Art. 93 of the Constitution of the Russian Federation, in order to continue the procedure for removing the President, the conclusion of the commission must confirm his guilt and indicate the existence of grounds for removal. Based on the results of discussion of the conclusion, the State Duma may decide to charge the President with high treason or committing another serious crime. This decision, according to Art. 180 of the Rules of the State Duma, adopted by two-thirds of the votes of the total number of deputies.

According to Part 1 of Art. 93 of the Russian Constitution, the accusation brought by the State Duma must be sent to the Supreme Court and the Constitutional Court of the Russian Federation. The Supreme Court must give an opinion on the presence or absence of signs of a corresponding serious crime in the President’s actions. The conclusion of the Supreme Court does not have the legal force of a sentence; it can only be used as part of the procedure for removing the President from office.

The Supreme Court gives an opinion on the merits of the charges brought forward by the State Duma, the Constitutional Court - on compliance with the appropriate procedure for bringing charges. The object of analysis of the Constitutional Court is the activities of the State Duma, the initiative group and the commission for preparing a conclusion on the removal of the President from office. Contents of Part 1 of Art. 93 of the Constitution of the Russian Federation gives grounds to assert that when the Supreme Court concludes that there are no signs of high treason or other serious crime in the actions of the President, as well as when the Constitution establishes

The decision to remove the President from office, provided the relevant documents are available, is made by the Federation Council with a two-thirds majority vote of the total number of members of the Federation Council. In this case, all documents related to the removal process specified in the Constitution must be carefully discussed.

The decision of the Federation Council to remove the President from office must be made no later than three months after the State Duma brings charges against the head of state. According to Part 3 of Art. 93 of the Constitution, the charge against the President is considered rejected if no decision is made by the Federation Council within this period.

From the moment of early termination of the powers of the President on the grounds mentioned above until the election of the next head of state, the corresponding state functions must be carried out. Therefore, the Constitution of Russia of 1993 provides for the institution of temporary performance of the duties of the President by the Chairman of the Government of the Russian Federation (Part 2 of Article 92). To exclude possible attempts to abuse this situation of the transition period, Part 3 of Art. 92 of the Constitution establishes the rule that it is impossible for the acting President to make a number of decisions. He does not have the right to dissolve the State Duma or call a referendum. And also make proposals for amendments and revisions to the Constitution of the Russian Federation.

Impeachment translated from English means “mistrust, doubt.” The president is the first person in the state. If he fails to fulfill his responsibilities, parliament or another government body has the right to put forward a “vote of no confidence” in him.

What is presidential impeachment?

This term “migrated” to the Constitutional legislation of Russia from the USA. What does impeachment of a president mean in different countries? This is a procedure for bringing to legal responsibility and subsequent removal from office a senior government official. Actions are performed according to the following scheme:

1. The “culprit” is charged with criminal offenses.
2. The formation of the conclusion takes place in the lower house of the Legislative Body.
3. The court verdict is made by the upper chamber.

Reasons for impeaching a president

If in the Russian Federation the main reason for the process is treason against the state, then in America and other Western countries this list is much longer. A high position requires compliance with legal and constitutional norms, utmost honesty, and the publication of information of national importance. Impeachment is the removal from power of a president who violates the established order and fails to cope with his official duties. The main reasons for starting the trial:

1. High treason (for example, in the USA this concept means military actions against America, supporting enemies, joining their ranks).
2. Other serious criminal acts: bribery; violation of civil rights specified in the Constitution, perjury, obstruction of justice; concealment of information of national importance.
3. Inability to perform direct duties due to health reasons.

Who can announce impeachment?

In Russia, the process is initiated by the State Duma, in the USA – by the House of Representatives. The application goes to the Judiciary Committee, which formulates the “provisions of impeachment.” If the majority of members of the House of Representatives (USA) or 2/3 of the State Duma deputies (Russia) vote for them, then further progress is given to the matter. Who impeaches a president at the end of trials? The Senate (USA) or the Federation Council (Russia) considers the testimony of witnesses. The Chief Justice presides over the impeachment trial. He will also publish the adopted conclusion.

How to impeach a president?

The Federation Council (Russia) or the Senate (USA) makes the final verdict. In those countries where the Constitution does not provide for a procedure for removing the president from office, a popular referendum is held. At the 1st stage of voting, at least 1% of the votes of voters who previously voted for the approval of the candidate for the position of senior management must be collected. At stage 2, the number of votes must be at least 20%. At the last stage, the number of voters in favor of impeaching the president must be more than 50%.

The main stages of the impeachment procedure

In Russia, the impeachment procedure was carried out 3 times: twice in 1993 and in 1999. The procedure for conducting it was borrowed by the United States from Great Britain, and by Russia from America. Russian President Boris Yeltsin came under judicial pressure 3 times, Americans – Richard M. Nicholson, Andrew Johnson, Bill Clinton, Brazilian Dilma Rousseff (the trial was completed on August 31, 2016).

Impeachment - what is it from a legal point of view? In the Russian Federation, the process is regulated by Art. 93:

1. The State Duma issues an indictment for treason or other serious crimes.
2. The Supreme Court makes a decision on the presence of signs and motives of a crime.
3. The Constitutional Court of Russia regulates compliance with the procedure established when a guilty verdict is issued.
4. The conclusion on the removal of the president from his position is announced - it is made by the Federation Council.

Impeachment - what is it in the USA, and according to what scheme does it occur? The process is carried out in 2 stages:

• Stage 1 - a guilty verdict is brought forward by representatives of the Chamber;
• Stage 2 – the conclusion is made by the Senate.