Friday, June 15, 2007

The next level

Ukraine's political crisis moves to new forum with the authority of the CEC under attack

With less then two-thirds of the members elected to Ukraine's parliament, under the provisions of Article 82 of Ukraine's Constitution the parliament ceases to maintain competence and as such can not make any decisions, but can not yet be "legally" dissolved.

According to Article 90 section 2 the president can not terminate the parliament until 30 days have passed following the failure of the parliament to commence its next regular session (Scheduled for September 4, 2007). In theory it is possible that Ukraine's Central Election Committee can appoint person(s) who are registered willing and next in line on electoral lists that were registered at the time of the 2006 Parliamentary elections.

Reports in the media have indicated that a number of candidates registered by the opposition are willing to fill any casual vacancies. So now the legal disputation has shifted from the president to the electoral committee with arguments from both sides as to the legal standing of the current party lists.

With the president having dismembered the constitutional court in order t prevent the court from bringing down a ruling on the legality of his earlier decrees it is unlikely that will will see a constitutional ruling anytime soon.

The president and the opposition continue to ride rough shod over Ukraine's democratic institutions.

The president and opposition have without doubt acted without any doubt contrary to Ukraine's Constitution and laws. The third decree of the president and the agreed September 30 election date does not conform with the provisions of article 90 of Ukraine's constitution.

In the absence of a free working judicial system Ukraine is at the mercy of its head of state. Odds, as was previously suggested, the main governing party "Party of Regions" may have to step in and also resign in order to place the current legal disputation beyond contention.

Either way the net result has seriously caused a loss of public confidence in Ukraine's political elite and judiciary with the president continuing to usurp power and control over Ukraine's democratic institutions where he has no legal authority.