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
“Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat.” (item 67)
In emphasis the report (item 68) stated
“This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions ”