Saturday, June 26, 2010

NUNS No More: Causing a Constitutional Quandary

Our Ukraine - Peoples Self Defence (NUNS) to be dissolved following the demise of Yushchenko's leadership.

Ukrainian News has been reporting large number of defections from their Parliamentary representatives to the governing coalition camp prompting a call for the parliamentary faction to be dissolved.

If NUNS does dissolve, as expected, it will raise further concerns about Ukraine's Constitutional 'Imperative mandate' provisions (Article 81) which require members of parliament to remain a member of the parliamentary faction that appointed them. If the faction ceases to exist the provisions of Article 81 also fall.

What impact this could have on the Constitutional validity of the current parliament is uncertain. The Constitutional Court having had a bet each way in its recent past rulings.

Update. National Radio Ukraine is reporting the formal dissolution of the NUNS faction.

This recent announcement could give rise for Yanukovych to call fro fresh parliamentary elections in order to  restore constitutional order.  If fresh elections here held this month Party of Regions would secure an absolute majority in its on right and a constitutional majority in coalition with Sergei Tipiko's Strong Ukraine faction



Extract from Ukraine's Constitution - Article 81 

The authority of People’s Deputies of Ukraine terminates simultaneously with the termination of authority of the Verkhovna Rada of Ukraine. The authority of a People’s Deputy of Ukraine shall terminate prior to the expiration of his or her term in office in the event of: 

(1) his or her resignation through a personal application; 
(2) a guilty verdict against him or her entering into legal force; 
(3) a court declaring him or her incapacitated or missing; 
(4) termination of his or her citizenship or his or her departure from Ukraine for permanent residence abroad;
(5) his or her failure, within twenty days from the date of the emergence of circumstances leading to the infringement of requirements concerning the incompatibility of the deputy’s mandate with other types of activity, to remove such circumstances; 
(6) his or her failure, as having been elected from a political party (an electoral bloc of political parties), to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or his or her exit from such a faction; 
(7) his or her death. 

The pre-term termination of the authority of a People’s Deputy of Ukraine shall also be caused by the early termination, under the Constitution of Ukraine, of authority of the Verkhovna Rada of Ukraine, with such termination of the Deputy’s authority taking effect on the date when the Verkhovna Rada of Ukraine of a new convocation opens its first meeting. 

A decision on pre-term termination of the authority of a People’s Deputy of Ukraine on grounds referred to in subparagraphs (1), (4) of the second paragraph of this Article shall be made by the Verkhovna Rada of Ukraine, while the ground referred to in subparagraph (5) of the second paragraph of this Article shall be a matter to be decided by court. 

Where a guilty verdict against a People’s Deputy of Ukraine becomes legally effective or where a court declares a People’s Deputy of Ukraine incapacitated or missing, his or her powers terminate on the date when the court decision becomes legally effective, while in the event of the Deputy’s death – on the date of his or her death as certified by the relevant document. 

Where a People’s Deputy of Ukraine, as having been elected from a political party (an electoral bloc of political parties), fails to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or exits from such a faction, the highest steering body of the respective political party (electoral bloc of political parties) shall decide to terminate early his or her authority on the basis of a law, with the termination taking effect on the date of such a decision.

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