Posts

Showing posts from March, 2010

License to kill: EU delegates compromise rule of law for outcome

The European Parliament delegation, headed by Vice-Chair of the Group of the Progressive Alliance of Socialists and Democrats in the European Parliament Adrian Severin, has placed political stability over the constitutional rule of law. In a statement reported by ForUm Severin offered his support to the new Ukrainian Government and in doing so has indicated that  the means justifies the outcome.   In what could be seen as a license for Ukraine's Constitutional Court to embrace the formation of the new government, Mr Severin stated on behalf of the European Delegation " We are pleased that you managed to create a coalition, which is now to address the urgent political and economic issues, and we hope that the Constitutional Court will adopt a decision that confirms the legality of the coalition. " "Clearly, early elections could as well be a constitutional solution, but we are more pleased to see stability in the country, rather than early elections ”

Decisive Stability; Yushchenko kept on the outer

Ukraine new Government has been installed in a with what could be described as a military like precision restoring a sense of purpose and determination, the sought  of stability that can only be achieved if the head of state and the parliament are of one mind. A reminder of what could have been achieved had Yushchenko acted in supportive role as opposed to his consistent undermining of confidence and stability. It is this sought to determination that has dominated the acceptance of a government that otherwise would be considered unconstitutional.  Yes the new government has the support of a majority of MP's but only with the support of  a group of dissident MP's from both Bloc Tymoshenko and Our Ukraine-Peoples' Self Defence. The new coalition comprises 16 individual deputies - six members of the faction from the Bloc Yulia Tymoshenko, another six from the Our Ukraine-People's Self-Defense faction and four independent deputies Questions of constitutionality an

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

Yushchenko the betrayer

As if Ukraine did not know it already. In what is considered to the first of many reprisals and expose of internal conflict with the Orange coalition Kyiv post has published comments by Our Ukraine-Peoples' Self Defence leader, Yuri Lutsenko, in which he states that Yushchenko betrayed democratic forces having signed the Universal Agreement with Viktor Yanukovych.  He did every thing he could to to allow Yanukovych win the [Presidential] elections.

New President makes first mistake: Does outcome justify the means?

Ukraine's new President, Viktor Yanukovych, has sought to bypass Ukraine's constitution by passing legislation that seeks to side step Ukraine's Constitutional Imperative mandate provisions. In what is seen as a test of will and integrity Yanukovych and his party wants to allow individual MP's, not factions, to decide the makeup of Ukraine's governing coalition thus allowing small groups of MP's to be poached and agree to a formation of a new coalition in order to avoid fresh parliamentary elections. Article 83 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 Verkhovna Rada of Ukraine to include a majority of People’s Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine ... The proposed rule change is designed to allow renegade members of Our Ukraine -Peoples

New President resigns as leader of his political party

In a welcomed move Ukraine's new president. Viktor Yanukovych, has resigned as  Party of Regions leader .  Unlike that of Viktor Yushchenko, Yanukovych will comply with the provisions of Ukraine's Constitution by relinquishing any other representative mandate.  In theory, as President, he represents all of Ukraine and not just his political faction.  By resigning from the party leadership Yanukovych removes himself from the day to day operation of party politics. Article 103 of Ukraine's Constitution states: ... The President of Ukraine shall not have another representative mandate, hold office in bodies of state power or in associations of citizens, and also perform any other paid or entrepreneurial activity, or be a member of an administrative body or board of supervisors of an enterprise that is aimed at making profit. ...

What a difference a day makes: Government dismissed and starts clock ticking

Ukraine's Parliament has passed a vote of no confidence in the government, effectively dismissing the Tymoshenko government.  Allegations have been made that seven members of Tymoshenko's faction were bribed to support the no confidence motion effectively signing their political resignation as Bloc Tymoshenko moves to have the expelled from the faction. The Parliament has set a course heading towards fresh Parliamentary elections.  Under the terms of Ukraine's Constitution the parliament has one month to form a new governing coalition and 60 days to appoint a new cabinet.  If it fails to do so within the time line set President Yanukovych will have the.option of dismissing the parliament and calling fresh election. Faced with the real possibility of losing representation is a strong incentive for the current parliament to try and form a new alliance.  President Yanukovych has urged the parliament to way up its options and form a new coalition without delay .  There is

The split is on: Our Ukraine abandon governing coalition

Our Ukraine along with Bloc Lytyn have once again proved that they are not trustworthy coalition partners and that they will gravitate to the power s that be  The stage has been set for a vote of no confidence in the government on March 3, 2010. If a motion is passed then the fuse will be lite and the countdown will begin. Ukraine's parliament will have on month in which to decide will they face the people of Ukraine and hold a fresh round, the third in as four years, of parliamentary elections. Yanukovych's ultimatum "form a new government or face elections" Under the provisions of Ukraine's Constitution (Article 83) a governing coalition must be formed with the support of factions (not individuals) representing a majority of members of Parliament within 30 days and they will 60 days to form a new cabinet.  With the passing of a vote of no coincidence the existing cabinet will be deemed to have resigned but they are entitled to remain in office until a new g