Friday, May 04, 2007

Second Decree on the rocks

President Yushchenko faced with reality revokes his decree disbanding Parliament

The President of Ukraine, Victor Yushchenko, and Prime Minister, Viktor Yanukovych, today announced an agreed position that will see the president of Ukraine revoke his second decree dissolving Ukraine's democratically elected parliament putting an end to the ongoing political Cruise's that has engulfed Ukraine for the last 4O days.

Details of the proposed settlement are sketchy but it is understood that the President has agreed to a compromise position where early elections will be held in Autumn (October).

It is unknown if the agreement includes the holding of fresh presidential elections as was original proposed.

The proposed compromise settlement is in line with the proposal put forward by the Government early on in the crisis which followed the President's first decree on April 2 dissoloving Ukraine's Parliament.

The Government considered the actions of the president was unconstitutional and members of parliament lodged an appeal with Ukraine's Constitutional Court.

One April 26 the president faced with the prospect of the Constitutional Court ruling against his April 2 decree revoked his original decree only to make a second decree seeking fresh parliamentary elections on June 24. The president's second decree only exacerbated the current crisis and gave rise to a second appeal against the president's decision.

Viktor Yushchenko, in a highly controversial move, dismissed two judges from the Constitutional Court in what has been portrayed as a direct attempt by the president to illegally influence the deliberations of the court in order to avoid accountability or judicial review. The President actions had promoted calls for the president to resign or be impeached.

The unscrambling of the egg

The break though that was announce today followed discussion between the opposing forces. It is understood that various foreign representatives ahead avoided the president that his position was untenable and that both parties should seek to establish an agreement and avoid the ongoing destabilizing conflict facing Ukraine.

The agreements reach requires that the president revoke his earlier decrees and re-instates the parliament who will consider necessary legislation and constitutional amendments to allow for fresh elections to take place in October/November this year.

Yulia Tymoshenko bloc

The views of Yulia Tymoshenko bloc and their response to the latest proposal is unknown as is her status as a member of Parliament.

Earlier last week Yulia Tymoshenko and other members of the opposition forces resigned from the Parliament with their resignations having been accepted by the president. The legality the resignations has not been addressed although there are suggestions that their resignation was not in accordance with the provision of Ukraine's constitution and as such the parliament and the president could resolve to not accept the resignations, even though the president is on the public record as previously stating that he had in fact accepted their resignation.

The game play is far from over.

The situation is far from clear as is the outcome of the agreement which is lacking in detail and still to be finalised. The other unknown factor is the attitude of the parliament, if and when they are officially reinstated. The parliament needs to consider a number of legislative and constitutional changes in order to resolve the problems foreseen before fresh elections can take place.

What is clear is that the president and the governing coalition have agreed to a political free summer holiday and an election to follow soon after.