Parliament challenges President’s declaration and right to dismiss Ukraine’s democratically elected Parliament

There is no justification for dismissal of the government.

There is not much to celebrate about decision of Ukraine’s President, Viktor Yushchenko, decision to dismiss Ukraine’s democratically elected Parliament and call for fresh Parliamentary Elections.

Viktor yushchenko’s actions have the potential of seriously destabilising Ukraine.

However the fact is the President has lite the fuse and the question now is what’s next.

Rather then debate the merits for and against the actions of the President it would be more constructive to consider where to next and how best to resolve or limit the ongoing conflict and divisions arsing from the President’s actions.

The President has acted unilaterally and without a ruling from the Constructional Court as to under what conditions the President can and can not sack the Parliament.

Ukraine is governed by rule of law and its constitution. The Constitutional Court is the only body which can interpret questions of constitutionality. It is not the prerogative of the President to interpret the provisions of Ukraine’s Constitution.

Viktor Yushchenko had previously referred the question of the President’s authority and power to dismiss the Parliament to the Consitutional Court for their consideration. The court is still to rule on the matter.

Viktor Yushchenko, by not waiting for a ruling from the Constitutional Court, has acted prejudicial to the ruling of the Constitutional Court.

The Governing coalition have refuted the President’s right to dismiss the Parliament, claiming that Viktor Yuschenko actions are unconstitutional.

The government runs a risk of deflecting public attention away from the real issues if they get bogged down into a protest that has no resolve.

The Constitutional Court must now rule quickly on the constitutionality of the President’s actions.

If the Constitutional Court rules in favour of the President then there is no other alternative but to proceed with the election.

If the Constitutional Court rules against the President then the President MUST resign.




Extract from Ukraine’s Constitution

Article 147

The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine..

The Constitutional Court of Ukraine decides on issues of conformity of laws and other legal acts with the Constitution of Ukraine and provides the official interpretation of the Constitution of Ukraine and the laws of Ukraine

Article 102

The President of Ukraine is the Head of State and acts in its name

The President of Ukraine is the guarantor of state sovereignty and territorial indivisibility of Ukraine, the observance of the Constitution of Ukraine and human and citizens’ rights and freedoms

Comment: If the President has acted unconstutionally in that he has acted without authority or contrary to the provisions of the constitution then he clearly has not fulfilled his obligation and responsibility under Ukraine’s constitution. Being a guarantor of the observance of the Constitution of Ukraine does not empower the President to interpret the constitution, that is the sole prerogative of the Constitutional Court (Article 147 above)…

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