Thursday, June 25, 2009

Yushchenko's proposed Foreign policy vaccuum

Just who is responsible for the formation and determination of Ukraine's Foreign Policy?

Under the provision of Ukraine's current Constitution the Parliament is responsible for the determination of Foreign policy

Article 85
The authority of the Verkhovna Rada of Ukraine comprises:
...

5) determining the principles of domestic and foreign policy;


The President and Foreign minister has a Representative role and Cabinet of ministers an administrative role


Yushchenko's Foreign Policy Vacuum

Under the proposed constitutional amendments put forward by Victor Yushchenko no one is responsible for the determination of Foreign policy. The President has a "leadership role”, The Cabinet of Ministers is responsible for the implementation of Foreign Policy and the President's appointed Council of National Security and Defence has a coordination role. But nowhere in Yushchenko's draft constitution is it stated who and how foreign policy is determined. It just exists or is the sole prerogative and determination by the President though general powers of decrees.

The decision to join NATO for example would be a Foreign Policy initiative but who actually makes this decision?

The people of Ukraine will have no say in matters of foreign policy or International agreements. All Ukrainian referendums on such topics are prohibited.

Ukraine under Yushchenko would exist in a Policy free zone to be lead/coordinated and implemented but not determined.


Yushcheko's constitution is looking very much tattered as a result


Article 21 - General

The foreign policy activities of Ukraine are aimed at ensuring its national interests and security by maintaining peaceful and mutually beneficial co-operation with members of the international community in accordance with generally recognized principles and norms of international law.
Ukraine, independently, takes the decisions on joining or accession to international organizations, political and economic intergovernmental associations and on free withdrawal from them.

Article 118 President "Leadership"

The President of Ukraine:
1) exercises leadership in the spheres of foreign policy, defence and national security;
...
9) addresses the people of Ukraine and the National Assembly of Ukraine with annual and out of turn messages on domestic and foreign policy of Ukraine;
10) abrogates the Resolutions of the Cabinet of Ministers of Ukraine on foreign policy, defence and national security issues after consultations with the Prime-Minister of Ukraine
...

Article 120 Council of National Security and Defence co-ordination

The Council of National Security of Ukraine is the coordinative organ on the issues of foreign policy, defence and national security.

The Council of National Security of Ukraine coordinates and controls the activities of the executive organs in the spheres of foreign policy, defence and national security.
...

Article 126 Cabinet of Ministers responsible for implementation
...
The Cabinet of Ministers ensures, and is responsible for, the implementation of domestic and foreign policy of the State, the execution of the Constitution and laws of Ukraine, acts of the President of Ukraine.

See review of Yushenko's proposed constitutional changes

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