Yushchenko moves into the last six months of his five-year term of office

On January 23, 2005 Viktor Yushchenko took the oath commencing his five-year term of office.

As of today Yushchenko has less then six months remaining of his five-year term.

With the passing of this date Yushchenko loses authority to dismiss Ukraine’s parliament.

Article 90 of Ukraine’s Constitution removes the authority of the President to dismiss Ukraine’s Parliament within the last six months of the President’s term of office.

In 2007 Yushchenko dismissed Ukraine’s democratically elected parliament and illegally and unconstitutionally interfered in the independence an operation of Ukraine’s Constitutional Court in order to prevent the Court from ruling on the constitutionally of his April 2nd decree.

Any attempt by the President to dismiss Ukraine’s parliament for a second time will be challenged in Ukraine’s Constitutional Court and cause a repeat of the political and civil unrest that occurred in 2007.

Yushchenko can not afford the political fall out of an adverse ruling of the Constitutional Court and cause another debilitating political crisis in the lead-up to Presidential elections scheduled for January 17, 2010.

Article 90

The authority of the Verkhovna Rada of Ukraine is terminated on the day of the opening of the first meeting of the Verkhovna Rada of Ukraine of a new convocation.

The President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of term, if:

(1) there is a failure to form within one month a coalition of parliamentary factions in the Verkhovna Rada of Ukraine as provided for in Article 83 of this Constitution;

(2) there is a failure, within sixty days following the resignation of the Cabinet of Ministers of Ukraine, to form the personal composition of the Cabinet of Ministers of Ukraine;

(3) the Verkhovna Rada of Ukraine fails, within thirty days of a single regular session, to commence its plenary meetings.

The early termination of powers of the Verkhovna Rada of Ukraine shall be decided by the President of Ukraine following relevant consultations with the Chairperson and Deputy Chairpersons of the Verkhovna Rada of Ukraine and with Chairpersons of Verkhovna Rada parliamentary factions.

The authority of the Verkhovna Rada of Ukraine, that is elected at special elections conducted after the pre-term termination by the President of Ukraine of authority of the Verkhovna Rada of Ukraine of the previous convocation, shall not be terminated within one year from the day of its election.

The authority of the Verkhovna Rada of Ukraine shall not be terminated during the last six months of the term of authority of the Verkhovna Rada of Ukraine or President of Ukraine.

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