Ukraine’s Indecisive, Divisive, Illegal and Unconstitutional Election A recipe for disaster

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, or any other head of state, dismisses the parliament and then actively advocates support for thier chosen party.

In reality the situation is likely to get worst before it gets better.

It is more then likely that Ukraine’s next government will not be formed following the election irrespective of who wins next weeks ballot.

What ever the final results of the election are, the outcome, will have a negative impact and Ukraine may very well face a even worst period of dissent and disputation then it has experienced in past elections.

Had the situation in Ukraine occurred in a western democracy the actions of the head of state would have been ruled unconstitutional in that the Constitution does not provide the authority for the president to dismiss the parliament under the current circumstances.

The main cause of dissension and loss of confidence is to be found in the basis of the election and the president’s unconstitutional decrees dismissing Ukraine’s democratically elected parliament.

Unlike in other circumstances where there are grounds for early elections there is no political division or loss of confidence that has prevented the formation and functioning of government.

The government in Ukraine maintains the support of a majority of the elected representatives as was demonstrated by the fact that 260 out of 450 members parliament attended the recent parliamentary session.

The only cause of disputation is an ongoing power struggle between the office of the president and the parliament. The situation has been made worst by the president’s illegal interference in the operation of Ukraine’s Constitutional Court which has prevented the Court from ruling on the legality of the president’s actions.

The president’s decrees and actions are in direct breach of Article 5 of Ukraine’s Constitution in that the president has sought to usurp power where he has no authority.

The European Council also must share blame for the loss of confidence and exacerbation of political division in Ukraine.

Whilst the Parliamentary Assembly of the Council of Europe back in April 19 this year rightly called on Ukraine to resolve its divisions internally it failed to ensure that actions of the president and the resolution put in place was legal and in compliance with Ukraine’s constitution.

PACE has by its silence, effectively endorsed by a lawless state and allowed the current situation where Ukraine is now facing a serious breakdown in the constitutional order and a potential state of political anarchy . If this occurs then it is the executive leadership of PACE that must be held share responsibility and be held accountable for their actions.

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