Ukraine Today - An Independent Political Review

Ukraine's President Viktor Yanukovych has accepted Syuzanna Stanik's resignation from the Constitutional Court one day following her reappointment .  The reasons and details of Stanik's decision to resign have not been made public. Her resignation avoid the messy need to cancel or reorganise the Courts membership which was over quota as a result of Stanik's reappointment.   The questions surrounding Yushchenko's allegation still remain unanswered  If Stanik has a case to answer then she should face prosecution, if on the other hand she is innocent then Yushchenko should be held account for his actions back in 2007 when he summarily dismissed three Constitutional Court Judges in order to prevent the court from ruling against his decree dismissing Ukraine's previous Parliament.  the truth of this matter may never be known.

Ukraine's President, Viktor Yanukovych , has passed a decree reinstating the appointment of Ms Susan Stanik to Ukraine's Constitutional Court. Yanukovych's decree re-instating Ms Stanik to the bench has righted a wrong and injustice undertaken by Ukraine's former president. Update: Stanik resigns . Ms  Stanik along with two other judges were summarily dismissed by Ukraine's former President, Viktor Yushchenko, in May 2007.  The actions of  Yushchenko were designed to prevent the Constitutional Court from ruling against his decree of April 2, 2007 dismissing Ukraine's previous Parliament. Yushchenko's dismissal of the three Judges was in direct breach of Ukraine's Constitution in that by dismissing the three judges Yushchenko had interfered with the independence of Ukraine's Judiciary. Viktor Yushchenko as President had no authority to dismiss members of the Constitutional Court. Yushchenko speciously alleged at the time that the judge...

The latest Public Opinion poll conducted by Kyiv International Institute of Sociology (KIIS) lists Ukraine's former President, Viktor Yushchenko, with less then 1.6% support.  If fresh parliamentary elections were held Yushchenko's Our Ukraine would lose representation in Ukraine's parliament. If the results of the poll were translated into parliamentary seats only five parties representing 64.7% of the electorate would cross the 3% representation threshold.  - Party of Regions would win an absolute majority with 253 seats and a constitutional majority (>300) with the support of  Sergei Tigipko's Strong Ukraine . Yulia Tymoshenko would win only 95 seats, Arsenyi Yatsenyuk 30 and the Communist Party of Ukraine 21 seats. Parliamentary speaker Volodymir Lytvyn would lose representation along with Yushchenko's Our Ukraine . Over 13% of the electorate are undecided. Party Leader Percentage Seats Party of Regions Viktor Yanukovych ...

Yanukovych’s revenge:   KyivPost | Andreas Umland Largely unnoticed in the West, Ukraine’s new president, Viktor Yanukovych, brought to power an illegitimate government in March. Though being installed via a seemingly orderly parliamentary procedure, the current Ukrainian cabinet headed by Prime Minister Mykola Azarov has no proper popular mandate. How did that come about? Ukraine has a proportional electoral system with closed lists. This means that voters do not elect individual candidates, but can only approve of pre-determined lists presented to them by various political parties or blocs. The members of the Ukrainian parliament, the Verkhovna Rada, become deputies only in so far as they are included in their bloc’s or party’s lists the composition of which is beyond the reach of voters. The electoral success and resulting faction size of parties or blocs in parliament is thus mainly determined by the attractiveness of their ideologies, and charisma...

The ruling of Ukraine's Constitutional Court on the question of the formation of the new Government has a major implication over Ukraine. It effectively removes Ukraine's Imperative mandate provisions. The ruling is at odds with Courts previous ruling and the wording of Ukraine's Constitution itself. It most certainly will need to be reviewed by the European Venice Commission as it also has implications on their reports. Whilst the ruling has some standing in relation to decisions of the parliament it appears to ignore the fact that there is a limitation on the question of the formation of the governing coalition. It also means that the parliament can by regulation or basic law modify the intent of the Constitution itself. Article 83 (Paragraph 6) of Ukraine's Constitution states According to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Verkhov...

ІМЕНЕМ УКРАЇНИ РІШЕННЯ КОНСТИТУЦІЙНОГО СУДУ УКРАЇНИ у справі за конституційним поданням 68 народних депутатів України щодо офіційного тлумачення положень частини шостої статті 83 Конституції України, частини четвертої статті 59 Регламенту Верховної Ради України стосовно можливості окремих народних депутатів України брати безпосередню участь у формуванні коаліції депутатських фракцій у Верховній Раді України м. К и ї в Справа № 1-33/2010 6 квітня 2010 року № 11-рп/2010 Конституційний Суд України у складі суддів: Стрижака Андрія Андрійовича — головуючого, Бауліна Юрія Васильовича, Вдовіченка Сергія Леонідовича, Головіна Анатолія Сергійовича, Домбровського Івана Петровича, Кампа Володимира Михайловича, Колоса Михайла Івановича, Лилака Дмитра Дмитровича, Маркуш Марії Андріївни, Нікітіна Юрія Івановича – доповідача, Овчаренка В’ячеслава Андрійовича, Стецюка Петра Богдановича, Ткачука Павла Миколайовича, Шишкіна Віктора Івановича, розглянув...

In what is seen as a major controversy Ukraine's  Constitutional Court is to rule 11 out of 18 in  favour of the formation of Ukraine''s new governing Coalition. A decision that will spark much debate and is a mixed blessing for both the government and Ukraine's Former president Viktor Yushchenko, bringing into question  Ukraine's imperative mandate provision and previous ruling of the Constitutional Court. ( See Articles 81, 83 of Ukraine's Constitution ). Details of the ruling are still sketchy. The ruling legitimises the new government and prevents the need for early Parliamentary elections. Meanwhile the public prosecutions of Ukraine are seeking details from former Presidential candidate and Opposition leader Yulia Tymoshenko in relation to her claim that members of the Constitutional Court were summoned to the President's office and offered bribes and threats to support the formation of the new government.  Tymoshenko's allegations are serious...