Tuesday, September 15, 2009

CCU: law on impeachment null and void due to technicality

Ukraine's constitutional Court has declared null and void the law on Impeachment of the President.

The Constitutional Court found that the Chairman of Parliament failed to properly adhere to the procedures in promulgating the law. The Court did not consider other issues of conformity.

Did Lytvyn make a stupid mistake or was it deliberate act of sabotage?

The Court cited as a breach of procedure the fact that the law was published on 15 January - the date of its first decision, not the date of its re-enactment on March 3 and no signature of Verkhovna Rada Chairman Volodymyr Lytvyn.

A dissenting opinion was registered by Judge Tkachuk who argued that the publication dates did not prevent the law from coming into existence.  It takes an interesting and common sense approach to Ukraine's law.

It is unclear if the law needs to be reconsidered by the Parliament or if the speaker of the parliament can correct the omissions made.