[БОДЛОГЫН СУДАЛГАА, ШИНЖИЛГЭЭ] Боть-6 148 Federal law. Article 142 [Liability of Officers] (1) The Constitutional Court pronounces on suits which predicate the constitutional responsibility of the highest Federal and State authorities for legal contraventions culpably ensuing from their official activity. (2) Suit can be brought: a) against the Federal President, for contravention of the Federal Constitution: by a vote of the Federal Assembly; b) against members of the Federal Government and the authorities placed with regard to responsibility on an equal footing with them, for contravention of the law: by a vote of the House of Representatives; c) against members of a State Government and the authorities placed by the present law or the State constitution with regard to responsibility on an equal footing with therm, for contravention of the law: by a vote of the competent State Parliament; d) against a State-Governor, his deputy (Article 105 (1)) or a member of the State Government (Article 103 (2) and (3)) for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the Federation in matters pertaining to the indirect Federal administration, in the case of a member of the State Government also with regard to instructions from the State-Governor in these matters: by a vote of the Federal Government; e) against the authorities of the Federal capital, Vienna, in so far as within its autonomous sphere of competence they perform functions from the domain of the Federal executive power, for contravention of the law: by a vote of the Federal Government; f) against a State-Governor, for non-compliance with an instruction pursuant to Article 14 (8) by a vote of the Federal Government; g) against a president or executive president of a State school board, for contravention of the law as well as for non-compliance with ordinances or other directives (instructions) of the Federation: by a vote of the Federal Government. (3) If, pursuant to Paragraph (2)(d), the Federal Government brings a suit only against a State-Governor or his deputy and it is shown that another member of the State Government in accordance with Article 103 (2) concerned with matters pertaining to the indirect Federal administration is guilty of an offence within the meaning of Paragraph (2)(d), the Federal Government can at any time pending the passing of judgment widen its suit to include this member of the State Government. (4) The condemnation by the Constitutional Court shall pronounce a forfeiture of office and, in particularly aggravating circumstances, also a temporary forfeiture of political rights. In the case of minor legal contraventions in the instances mentioned in Paragraph (2)(d), (f), and (g) the Court can confine itself to the statement that the law has been contravened. From forfeiture of the office of president of the State school board ensues forfeiture of the office with which pursuant to Article 81a (3)(b) it is linked. (5) The Federal President can avail himself of the right vested in him in accordance with Article 65 (2)(c) in the cases under Paragraph (2)(a), (b), and (c) only on the request of the representative body which has voted for the filing of the suit, in cases under Sub-Paragraphs (d), (f), and (g) only on the request of the Federal Government, and in all cases only with the approval of the defendant. Article 143 [Criminal Liability of Officers] A suit can be brought against the persons mentioned in Article 142 also on the score of actions involving penal proceedings connected with the activity in office of the individual to be arraigned. In this case, competence lies exclusively with the Constitutional Court; any investigation already pending in the ordinary criminal courts devolves upon it. The Court can in such cases, in addition to Article 142 (4), apply the provisions of the criminal law. Article 144 [Administrative Jurisdiction] (1) The Constitutional Court pronounces on rulings by administrative authorities in so far as the applicant alleges an infringement by the ruling of a constitutionally guaranteed right or the infringement of personal rights on the score of an illegal ordinance, an unconstitutional law, or an unlawful treaty. On the same premises, the Court likewise pronounces on complaints against the exercise of direct administrative power and compulsion against a particular individual. The complaint can only be filed after all other stages of legal remedy, in so far as such come into consideration, have been exhausted. (2) The Constitutional Court can, before the proceedings, decide to reject a hearing of the complaint if it has no reasonable prospect of success. The rejection of the hearing is inadmissible if it concerns a case
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