Wednesday, April 07, 2010

Courting Controversy

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 and the onus is now on her to substantiate her claim and provide hard evidence in support of them. If she can do so she should receive the backing of the International community.

Ukraine’s Constitution Court says parliament coalition legitimate
07.04.2010, 17.53

KIEV, April 7 (Itar-Tass) -- Ukraine’s Constitutional Court has confirmed the formation of the parliamentary coalition was legitimate. Individual deputies may take part in the formation of the parliamentary majority, the court said.
The constitutional court has confirmed that “every single deputy may join a parliamentary coalition, no matter what faction he or she represents,” the UNIAN agency quoted the court decision on Wednesday.
This decision was supported by 11 of the 18 judges.
The Constitutional Court will announce its decision officially on Thursday, the court’s press service said.
In early March Ukraine’s Verkhovna Rada /parliament/ changed its regulations and enabled individual deputies, in addition to factions, to form coalitions. This decision gave birth to the Stability and Reforms Coalition which united the Party of Regions, the Communist Party, the Vladimir Litvin Bloc and several deputies from other factions. Presently, the coalition has grown from 235 to 240 deputies.
As the coalition was formed, the Constitutional Court got two inquiries from a group of the Party of Regions deputies and from the Yulia Tymoshenko Bloc. The deputies asked the court to check whether the formation of a new coalition was “legal.”