Ukraine Today - An Independent Political Review

Ukraine - The Birth of a Nation. A 4 part series as seen from a polish perspective. This documentary failed to give recognition to the role played by Olexandr Moroz, leader of the Socialist party of Ukraine, without whom the Orange Revolution and the election of Victor Yushchenko would not have been successful. In December 2004 Viktor Yushchenko was elected Ukraine's third President with 54% support o voters in the third round of voting in what was to be known as the Orange Revolution . Part of the agreement arsing from the Orange Revolution was the Ukraine's transition from Presidential rule towards a parliamentary system of governance. In 2002/3 Victor Yushchenko  opposed the adoption of a Parliamentary Democacy a proposal put forward by Lenoid Kuchma that fell short by just five votes (295) of the two-thirds vote (300) of Ukraine's Parliament (450) Victor Yushchenko continued when elected President in December 2004 continued to oppose  democrat...

There is growing concern being expressed in the corridors of power in Europe with representatives of the Parliamentary Assembly of the Council of Europe (PACE)  discovering that Yanukovych has misunderstood the recommendations and directions that Europe wants to see Ukraine take. The changes that saw Ukraine revert back to the provisions of the 1996 version of its Constitution following the determination of Ukraine's Constitutional court has set off alarm bells that Ukraine is taking a backward step. PACE whilst critical of certain provisions of the 2004 Constitutional Amendments were not opposed to them in fact they were supportive.  Their main criticism of the 2004 amendments were the Imperative Mandate provisions and the apparent unworkable divisions of power between the Office of the President and the Parliament, divisions that often brought the two into conflict and at odds to each other, divisions that made government in Ukraine unworkable.  PACE was not opposed...

I would not hold out much hope coming out of PACE.  They have in the past seriously compromised their position and in doing so have contributed to much of the instability and situation facing Ukraine today. (Most notably was their silence on the abuse and violation of Ukraine's Constitutional order in 2007 when Yushchenko illegally interfered with the independence of the Courts to prevent them from overturning his attack on Ukrainian democracy and the dismissal of Ukraine previous parliament) Much of what PACE has stated is worthy of serious consideration BUT will PACE follow through with these issues or will they like last time turn a blind eye top the misuse and abuse of authority. Other issues they need to serious consider but not mentioned is the need for the EU to free up visa restrictions imposed on Ukraine (A closer and integrated association with the EU is long overdue, Freeing up the Visa requirements is fundamental to building a closer relationship between the ...

Report1 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Co-rapporteurs: Mrs Renate WOHLWEND, Liechtenstein, Group of the European People's Party, and MrsMailis REPS, Estonia, Alliance of Liberals and Democrats for Europe Summary The Monitoring Committee welcomes the increase in legislative activity in Ukraine in the wake of the 2010 Presidential election, and especially the priority given by the new authorities to honouring Ukraine’s remaining accession commitments. However, the committee is concerned that the current relative stability is fragile, as the underlying systemic causes of the instability that has plagued the country in recent years have not been addressed. Moreover, it is concerned that the hasty manner in which the authorities are implementing the reforms could negatively affect respect for proper democratic principles and, ultimately, the quality of the reforms themselves. In support...

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 ” ...

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 ...

The Human Right Organization has come out and published a scathing report criticising Ukraine's President, Victor Yushchenko for his political interference in the independence of Ukraine's judiciary. This criticism comes following Yushchenko's dismissal of another judge that ruled against his presidential decrees. “As president of a democratic country, Yushchenko should observe and respect the independence of the judiciary, and not interfere with courts when they issue rulings he doesn’t like,” said Allison Gill, Moscow office director at Human Rights Watch. Referring to Yushchenko ordering SBU agents to oversea the Courts deliberations “It’s one thing for the security services to provide protection for judges,” said Gill. “But it’s quite another when they’re actually in chambers during deliberations. At a minimum, this creates the appearance of potential intimidation or even interference with a pending decision.” Nihilism on high Kyiv Post has also published an editorial ...

The Kyiv Administrative court has issued a injunction suspending the Presidents decree dismissing Ukraine's democratically elected parliament. In what is reminiscent of events unfolded last year, Victor Yushchenko has again interfered with the independence of Ukraine's judiciary . In April 2007 the Parliamentary Assembly of the Council of Europe ( PACE ) passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine . (Items 13 and 14) stated: “The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law." The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that ...

Viktor Yushchenko`s interference in the operation and independence of Ukraine`s constitutional court in order to prevent the court from ruling on the legality of his decrees must be condemned. Having lost a ruling of Ukraine's supreme Court Yushchenko once again has acted illegally and unconstitutional in his ongoing pursuit to pervert the course of justice and prevent the Constitutional Court from ruling against his decrees. On March 25th Ukraine's Supreme administrative court ruled against the president declaring Yushchenko's dismissal of Ukraine's Constitutional Court Judge illegal. You cannot fight corruption with corruption. On April 2nd Yushchenko in fulfillment of the Courts ruling reinstated Susana Stanik to the Constitutional Court. One day later, on the eve of the World Democracy Forum held in Kyiv, Yushchenko issued a new decree cancelling the decree made by his predecessor appointing Ms Stanik as a member of the Constitutional Court. In doing so the Ukraine...

In one weeks time Ukraine will go to the polls. Public opinion polls are showing that Ukraine remains bitterly divided as it was back in 2004. Next weeks election will only further divide Ukraine and add to the loss of confidence in the political process The results of the election are unknown but what is known is that only the victor will support the outcome and who ever is the loser will reject it. If Yulia Tymoshenko loses the election she will once again claim that the results of the ballot was fraudulent. If she wins her opposition will claim likewise. Earlier in the week the Government had cause to seriously question the conduct of the election, the role played by Ukraine's President and the ongoing question and doubt of the legality of the president's actions. The ngovernment has made allegations levelled at the president's secretariat of not respecting the oath of office and becoming embroiled in the political campaign. Imagine a situation where the Queen of England...

Democracies are based on the rule of law and in the absence of a definitive determination by Ukraine's Constitutional Court, the actions of Ukraine's president will continue to divide Ukraine. Whilst the Council or Europe understandably has called on Ukraine to resolve the current crisis internally it has seriously erred by not insisting that the Constitutional Court rule on the legality of the president's decrees. It set a dangerous precedence which implies that any government or head of state can ignore the necessity or compliance with international and constitutional law - effectively endorsing a lawless state. More

Ukraine's Parliament today (September 4) convened its Autumn session according to the requirements in Ukraine's constitution (Article 83). The session was attended by 269 members of parliament. The Autumn Session of Parliament was held under controversy in the midst of a constitutional crisis and power struggle between the President and Ukraine's democratically elected parliament An agreement was struck in late May between the The President, the Prime Minster and the Speaker of the Parliament that early parliamentary election could be held subject to the determination of the president complying with Ukraine's' Constitution. Under Ukraine's Constitution (Article 90)The President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of term, if: .., (s3) the Parliament fails, within thirty days of a single regular session, to commence its plenary meetings. In July members of the opposition resigned their parliamentary posi...

In an article published by the European Voice and republished by foru-ua.com Ukraine's President, Victor Yushchenko, comments are open to interpretation and claims of being designed to muddy the waters of deception. Yushchenko starts off by stating "Over the last few months, Ukraine’s young democracy has faced a difficult challenge. This has taken the form of a constitutional crisis and an attempt by certain parliamentary forces to monopolise power by illegitimate mean." It could rightly be argued that the office of president is the real cause of the current constitutional crisis facing Ukraine today and that the president himself has acted illegally and contrary to Ukraine's constitution. Yushchenko goes on stating "European parliamentarianism is the heart of Ukrainian democracy. The Ukrainian people want their rights and freedoms to be guaranteed properly, not ritually". Whilst the President proclaims the virtues of Europe's Parliamentary system and U...

Legality of pre-term Parliamentary Elections. The Parliamentary Assembly Council of Europe (PACE) in its resolution dated April 19, 2007 asks the Venice Commission to review and provide an opinion on the constitutional and legislative basis for pre-term parliamentary elections. Constitutional Court Authority The Assembly reiterates that the authority of the sole body of constitutional justice – the Constitutional Court of Ukraine – should be guaranteed and respected. Pressure in any form on the judges is intolerable and should be investigated and criminally prosecuted. On the other hand, it is regrettable that in the eight months of its new full composition, the Constitutional Court has failed to produce judgments, thus failing to fulfil its constitutional role and to contribute to solving the crisis in its earlier stages which undermines the credibility of the court. There is an urgent need for all pending judgments, and in particular the judgment concerning the constitutionality of t...

The Parliamentary Assembly of the Council of Europe (PACE)yesterday considered further the current Ukrainian Crisis. The PACE resolution adopted by 107 votes to 5, called on Ukraine’s leaders and parliament to resolve the crisis in a legitimate, strictly constitutional and peaceful manner, “whether that be by calling legitimate early elections, emanating from the ruling of the Constitutional Court, or by way of a negotiated compromise.” PACE did not specify if it's resolution related only to Parliamentary elections or also included fresh Presidential elections which have been called for by the governing coalition. If the Constitutional Court rules against the President's decree there will be growing pressure for the President to resign and face early elections in order to renew his mandate. The qualifying statement related to the ruling of the Constitution Court sent a clear signal to Viktor Yushchenko and Ukraine's Office of the President that Ukraine must respect the out...

"The ruling of Ukraine’s Constitutional Court in the current crisis should be accepted as binding by all sides" - Parliamentary Assembly said in a resolution adopted on 19 April. The Assembly warned that pressure in any form on the judges of the Court was ''intolerable'', and should be investigated and criminally prosecuted.

The Council or Europe - Parliament Assembly has called on Ukraine to adopt a full parliamentary system in line with European Standards "It would be better for the country to switch to a full parliamentary system with proper checks and balances and guarantees of parliamentary opposition and competition." The PACE: Explanatory memorandum presented to the Assembly meeting held on April 19 by Mrs Severinsen and Mrs Wohlwend, co-rapporteurs on Ukraine raised concern about the inevitable conflict of power under Ukraine's Parliamentary-Presidential system between the Parliament and the President. The report states: "The failure to establish clearly defined and law-based institutions to guarantee in practice separation of power, democratic rights and freedoms, by providing for an effective system of checks and balances is at the very heart of the political struggle that has unfolded in the country over recent months and sparked into an open crisis upon the dissolution of th...

Unity of Ukraine is crucial for unity of Europe - PACE President "Dividing Ukraine into `pro-Western` and `pro-Russian` is an offence to the wisdom of the people of Ukraine " said Council of Europe Parliamentary Assembly President René van der Linden. How true. The sooner the Western and Ukrainian media cease promoting this false stereotype the better off Ukraine and the world will be.

Two important events that could define the turning point in the current crisis facing Ukraine are expected to take place today. 1. The Constitutional Court is expected to start its deliberation on the government appeal against the President's April 2 decree to dismiss Ukraine's democratically elected Parliament. 2. The Parliamentary Assembly Council of Europe (PACE) is the holding of an urgent session of the Assembly to consider and debate the functioning of democratic institutions in Ukraine at noon. Ukrainian Prime Minister, Viktor Yanukovych, will address the European parliamentarians It is unknown if the Constitutional Court will meet today following concerns that a number of members of the Constitutional Court are refusing to take part in the Courts deliberations. Allegations of corruption. bribery and politicisation of the Court membership continues to plague the Ukrainian Court. Any delay in the determination of the Court will only exacerbate the Crisis in Ukraine. Up...

The Parliamentary Assembly of the Council of Europe (PACE) President, René van der Linden, on April 3 the day following President's decree dismissing Ukraine's democratically elected Parliament stated "The Parliamentary Assembly views the current political developments in Ukraine with great concern. The situation that has emerged needs to be resolved in full compliance with the Constitution of Ukraine, and through the legal avenues it offers, as well as through a constructive dialogue between all political forces represented in the Parliament." "In a state governed by the rule of law, disagreements over the interpretation of the Constitution must be solved in accordance with the existing legal procedures." Mr van der Lindened offer support and assistance to Ukraine in helping resolve this current political crisis. One suggestion made was that the Venice Commission could as a matter of urgency review the current situation in Ukraine and if called upon could m...