Ukraine Today - An Independent Political Review

I found this extract on the Internet that I think should be noted. I have also posted it on ForiegnNotes , an excellent blog on Ukrainian politics, and well worth reading. RULE OF LAW Constitutions The rock upon which a democratic government rests is its constitution--the formal statement of its fundamental obligations, limitations, procedures, and institutions. The constitution of the country is the supreme law of the land, and all citizens, prime ministers to peasants alike, are subject to its provisions. At a minimum, the constitution, which is usually codified in a single written document, establishes the authority of the national government, provides guarantees for fundamental human rights, and sets forth the government's basic operating procedures. Due Process No one is above the law, which is, after all, the creation of the people, not something imposed upon them. The citizens of a democracy submit to the law because they recognize that, however indirectly, they are submitti...

Nerkalo Nedeli has published an informative article on the game play that is about to unfold and with it some of the details of the proposed reforms and the alliance to divide the spoil of office. One Step forward one step back Ukraine could become a two party state with only Bloc Yulia Tymoshenko and Party of Regions being represented in the Parliament On the positive side the proposal would see Ukraine become a Parliamentary democracy with the President losing authority and power. The down side is that the Parliament will no longer provide a checks and balance against the executive. Instead it will be a mere rubber stamp for the executive of the day. The main criticism with the proposal is the model of representation and method of election. Update: "We held a discussion within the party, within the bloc, and came to a firm decision: we'll be arguing for the present threshold of 3%. It is absolutely affordable for most of the political forces. The choice must be left with p...

Yulia Tymoshenko’s recent policy determination to support a democratic parliamentary system is the correct decision putting the interests of Ukraine ahead of party personal politics and brings Ukraine more in line with European standards. Most, if not all, the divisions and political instability in Ukraine is a result of the ongoing power struggle between the Office of the President and the Parliament. Contrary to various statements made by the president’s supporters, the President has too much power, power that more often then not is open to abuse. This is not a new conflict unique to Ukraine. Ukraine is a young democracy having been under a parliamentary system for just over two years. Ukraine made a mistake in not adopting a parliamentary system of government from day one. Had it adopted a parliamentary system, as other Eastern European states had, it would most likely be a member of the European union of on the short list by now. If Ukraine wants to be a part of Europe then it shou...

In what is a bold and correct move Yulia Tymoshenko has opted to support a parliamentary system of governance. This policy stance will result in further divisions and possible collapse of the Parliamentary governing coalition but it is the right decision. A Full Parliamentary model is the best way forward. In April 2007, one year from today, The Parliamentary Assembly of the Council of Europe recommended that Ukraine adopt a full parliamentary system of governance If Ukraine wishes to integrate with other European States then it should also adopt a full European Parliamentary model. Most, if not all, of the recent divisions and political instability been as a direct result of Yushchenko`s ongoing power struggle. Yes the amendments made in 2004 were not perfect BUT they were a step in the right direction. Now is the time for Ukraine to complete the transition and to follow in the steps of other former Eastern European nations, all who have adopted a parliamentary `rule of law` democrac...

Levenko of Foreign Notes reports on two articles published in Segodnya See also Bloc Yulia Tymoshenko's official Web site - declaration Yulia Tymoshenko has declared Yushchenko's bluff signaling the end to the coalition. It is difficult to know what deals have been made behind closed doors and with whom. But by the sounds of the aforementioned publications Ukraine is facing a serious turning point in its political future. Depending on the response by Party of Regions this could pave the way for a presidential coup detar. If events are allowed to continue top spin out of control there is every possibility that the parliament will either splinter and realign or Yushchenko will implement dismiss the parliament having declared the parliament unworkable and declare Presidential rule. Democracy under yushchenko has never been allowed to take root. Yushchenko has at every step of the way sought to undermine Ukraine's transition to a parliamentary system of governance. The politica...

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...

On March 25, Ukraine's Supreme Administrative Court ruled on the legality of the President's controversial decree , interfering with the operation and independence of Ukraine's Constitutional Court, by dismissing three Constitutional Court Judges. The President's actions came under harsh criticism and was seen by many as an attempt by the President to pervert the course of justice by preventing the Constitutional Court from ruling on the question of legality of the President's dismissal of Ukraine's parliament in 2007. Two of the three judges later resigned and a third Judge, Suzanna Stanik, challenged the the authority of the president's actions. Article 149 of Ukraine's Constitution states : "Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity and to the grounds for dismissal from office envisaged by Article 126 of this Constitution, and the requirements concerning incompatibility as determined ...