THE DECREE OF THE PRESIDENT OF UKRAINE

By Online Editor -
On the Pre-Term Abatement of Authorities of Verkhovna Rada of Ukraine

In recent time there has been a situation when the majority of Verkhovna Rada of Ukraine ignores the constitutional requirements to formation of the coalition of the deputies’ factions.

Instead of separate cases of single deputies’ inclusion into the composition of deputies’ factions coalition, that occurred when the Antirecessionary Coalition was forming in July 2006, the practice of mass replenishment of its composition on the grounds of individual or group membership comes. This practice constitutes a serious violation of Article 83 of the Constitution of Ukraine, which provide for the formation of deputies’ factions coalition in Verkhovna Rada of Ukraine exclusively by the deputies’ factions following the results of election and on the ground of concordance of political positions.

The violation of the constitutional provisions regarding the formation of deputies’ factions coalition in Verkhovna Rada of Ukraine distorts the results of people’s declaration of will, accomplished according to Article 69 of the Constitution of Ukraine through the elections of deputies of Ukraine held in March 2006, constitutes disdain of constitutional electoral rights of citizens of Ukraine, results in neglecting of constitutional principle of the people’s sovereignty, determined in the second and third parts of Article 5 of the Fundamental Law of Ukraine. Such development of events creates prerequisites for usurpation of power in Ukraine that is prohibited by the forth part of Article 5 of the Constitution of Ukraine. It also threatens national security, causes destabilization of political situation in the State, and creates potential danger for State’s sovereignty.

According to the second part of Article 102 of the Constitution of Ukraine the President of Ukraine is the guarantor of State’s sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens' rights and freedoms. Such constitutional status of the President of Ukraine obliges him to take measures for termination of the violations of the Constitution of Ukraine, citizens' rights, and for prevention of threats to the State’s sovereignty and territorial indivisibility. In particular, it results in obligation of pre-term abatement of the parliament’s authorities if it violates the Fundamental Law of Ukraine, and if there are no other preventive measures from the serious violations of the Constitution of Ukraine on the part of Verkhovna Rada of Ukraine.

Regarding to the mentioned above and operating by Articles 5 para. 2-4, 77 para.2, 83 para.6, 106 para. 1 (§§ 1and 7), and para.3 of the Constitution of Ukraine in pursuance of Article 102 para. 2 of the Constitution of Ukraine

DECREE :

  1. To abate the authorities of Verkhovna Rada of Ukraine fifth convocation before the appointed time.
  2. To offer the deputies of Ukraine to continue to execute their authorities that are not directly connected with the authorities to Verkhovna Rada of Ukraine.
  3. To appoint early elections of Verkhovna Rada of Ukraine on Sunday, 27 May 2007.
  4. For the Cabinet of Ministers to provide financing for the early elections to Verkhovna Rada of Ukraine.
  5. For the Central Election Committee to provide the holding of early elections to Verkhovna Rada of Ukraine in accordance with the Constitution of Ukraine, the Law of Ukraine on the Elections of Deputies of Ukraine, and other laws of Ukraine.
  6. This Decree becomes valid from the day of its official promulgation.

V. YUSHCHENKO
The President of Ukraine

Kyiv

2 April 2007

No. 264/2007

Comments

Post a Comment

Popular posts from this blog

Dissecting the vote: Zakarpattia and Ternopil

By Online Editor -
Two interesting outcomes in the final round vote that have not been widely discussed in the English media is the outcome in Zakarpattia and Ternopil. We are not sure if it has been been discussed in the Ukrainian media 1. Viktor Yanukovych was the highest polling candidate in Zakarpattiia previsoully Our Ukraine/Yushchenko were the highest. (See 2004,2006 and 2007 election results ) District 74 місто Берегове (Beregove - a Hungarian community located near the border) 2. The other interesting observation is that Yanukovych actually went backwards between the first round and the second round in Ternopiil.  In the first round Yanukovych received 6354 (0.26% of the national vote) in the second final round, with less number of candidates, Yanukovych recorded only 5370 (0.21% of the national vote)  Why Yanukovych went backwards in the second round is any ones guess but we think this  would make interesting reading.
<Additional Information>

Averting a Post-Orange Disaster - Andreas Umland

By Online Editor -
"As Ukraine's economic, social and political crisis sharpens, more and more Ukrainians may question the wisdom of conducting a costly presidential election when the Ukrainian state is almost bankrupt--if not on the brink of collapse." Constitutional Reforms and Political Stability in Ukraine by Dr. Andreas Umland Source: Harvard International Review June, 2009 After several years of impressive economic growth and encouraging political change, Ukraine has recently entered troubled waters. The democracies west of Ukraine are institutionally consolidated and internationally embedded enough to circumscribe the political repercussions of their so far relatively mild economic contractions. While being hit almost as hard as Ukraine by the world financial crisis, Russia has managed to build considerable financial reserves thanks to the enormous cash inflow into her state budget during the years of rocketing energy prices, allowing her to soften the social repercussions of the eco
<Additional Information>

History repeats: Victor Yushchenko interferes with Ukraine's judicial process.

By Online Editor -
The Kyiv Administrative court has issued a injunction suspending the Presidents decree dismissing Ukraine's democratically elected parliament. In what is reminiscent of events unfolded last year, Victor Yushchenko has again interfered with the independence of Ukraine's judiciary . In April 2007 the Parliamentary Assembly of the Council of Europe ( PACE ) passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine . (Items 13 and 14) stated: “The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law." The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that &qu
<Additional Information>