Thursday, March 11, 2010

New coalition skating on Constitutional thin ice

Ukraine's newest governing coalition was formed amidst controversy and concern that the governments formation is unconstitutional. The new coalition sees a return of the previous parliamentary government between Party of Regions, Communist Party of Ukraine, Bloc Lytvyn and the self named 'People's Party' - a breakaway faction of individual members and mercenaries from Yushchenko's 'Our Ukraine' faction.

Yushchenko himself has been left out of the game indicating that he had not yet been rewarded for his support of Yanukoych's campaign during last months Presidential election contest.

Ukraine's former prime-minister, Yulia Tymoshenko and Viktor Yushchenko have teamed up to challenge the validity of the new coalition in Ukraine's Courts.  This is one contest that Yushchenko and Tymoshenko should win.  At issue is the formation of the coalition government by individual members of Ukraine's parliament. Article 83 of Ukraine's Constitution requires that the coalition be formed by factions representing a majority of MP's. At the heart of the challenge is the definition of a faction as determined by the result of the last election.  The new Peoples' party was not elected in 2007, their status is questionable and most certainly unconstitutional.

If the reunited opposition  (at least on this one issue) manage to secure a ruling from the courts then we can expect new parliamentary elections will follow in October, but this will take time and the new government will remain in place until such time as the courts rule. A long drawn out court decision will not help restore confidence in Ukraine. As investors wait patiently and nervously for the courts decision Ukraine's future amidst uncertainty is just as bad and debilitating as instability under the Tymoshenko government the main difference being that the newly  elected President is not working against the government undermining its success.

A delay in outcome might in fact work in the new governments favour who will hold the advantage of being in office holding all the strings and trump cards  The provisional government may even use this issue as a  rallying point to introduce constitutional amendments which they will try and take to the people of Ukraine offering them a solution to the ongoing political crisis of stability. The cure might turn out to be worst then the infliction.

1 Comment:

Anonymous said...

That the defectors bothered to create this People's Party, as the Yushchenko defectors did at least, indicates that they are acting to be in compliance with Article 83 to the best of their abilities. This is a faction part of the coalition as spelled out in the article.