Wednesday, May 23, 2007

President Appeal to Avoid Judicial Review Rejected by Kyiv Court

A local Kiev court on Tuesday rejected President Viktor Yushchenko appeal that had been seeking to prevent the Constitutional Court from issuing a ruling on political crisis.

The Constitutional Court is now expected to rule on the presidential decree dismissing Ukraine's democratically elected parliament unconstitutional.

If the Constitutional Court rules against the president's decree then Viktor Yuchenko will be under pressure to resign or face impeachment procedures citing breaches of oath as the reason for impeachment.

There is concern that Viktor Yushchenko might decide to declare a state of emergency which would seek Ukraine follow in the steps of Thailand further exacerbating the political tensions and division in Ukraine today.

Yulia Tymoshenko has urged the president to ask the National Security Defence Council to force the president's decree and hold fresh elections on June 24

The Parliamentary Assembly Council of Europe (PACE) president, Rene van der Linden, has called on all parties to abide by the laws of Ukraine and the determination of the Constitutional Court. If the Court brings down it's ruling against the president the president would not receive the backing of the European Community for any use of military force in resolving Ukraine's political crisis.

Local court rejects Yushchenko’s appeal
Source: Ukrainian Journal

KIEV, May 22 – A local Kiev court on Tuesday rejected President Viktor Yushchenko’s appeal that had been seeking to prevent the Constitutional Court from issuing a ruling on political crisis.

In another setback for Yushchenko, the Prosecutor General’s Office closed an investigation against three judges of the Constitutional Court that he had recently fired. The judges got reinstated after a a court ruling in Luhansk region had suspended Yushchenko’s order.

The developments suggest the Constitutional Court, now totally controlled by loyalists of pro-Russian Prime Minister Viktor Yanukovych, is ready to announce the ruling that would probably undermine Yushchenko’s decree dissolving Parliament.

The ruling, however, will probably aggravate political crisis in Ukraine and may trigger a major clash between pro-Western opposition parties and the pro-Russian government.

Viktor Baloha, Yushchenko’s chief of staff, warned that the president will not accept the ruling by the Constitutional Court that will probably be biased.

“There are two scenarios for the way out of the crisis: the early election to Parliament and further monopolization of power with respective consequences,” Baloha said adding that the president will take action to prevent the second scenario. “The president will not let the second scenario.”

The legal offence against the presidential office across Ukraine comes as opposition and pro-government parties have been holding talks to end the sharp political crisis that had divided Ukraine.

The opposition parties, such as Our Ukraine and the group led by former Prime Minister Yulia Tymoshenko, insist that the early election must be held within the next six weeks to solve the crisis.

The government coalition, however, was split as Yanukovych’s Regions Party had been agreeing on the election at the end of October, while its two junior partners, Communists and Socialists, reject the idea of the early election whatsoever.

The failure at the talks forced Tymoshenko, a leading opposition figure, to call on the president for a tough response against the government that had been sabotaging his decree that had dissolved Parliament.

“The president’s all constitutional capacity must be used to make the Central Election Committee operational and to remove people that sabotage their work,” Tymoshenko said. “The nation must have the right to vote.”

The developments come as the Prosecutor’s General Office failed to enforce Yushchenko’s decree that had dissolved Parliament and called for the election June 24.

The failure shows that Sviatoslav Piskun, who was recently re-instated as the prosecutor general by a court ruling, has been breaking his promise given to the president to ensure implementation of the decree. This caused first sharp criticism of Piskun from the president.

“For me it is hard to admit that the prosecutor general through this day is not able to respond to the irresponsible actions by the Central Election Commission or the government for securing honest election,” Yushchenko said.

“The speculations that are currently being held around the legal system and at the level of the Constitutional Court are making Ukraine further from solving the political crisis,” Yushchenko said.

More reports: Kyiv Post

1 Comment:

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