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
- To abate the authorities of Verkhovna Rada of Ukraine fifth convocation before the appointed time.
- 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.
- To appoint early elections of Verkhovna Rada of Ukraine on Sunday, 27 May 2007.
- For the Cabinet of Ministers to provide financing for the early elections to Verkhovna Rada of Ukraine.
- 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.
- This Decree becomes valid from the day of its official promulgation.
The President of Ukraine
2 April 2007