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Viche 2010 13

13, 2010

Constitution Began to Swing

The president of Ukraine Viktor Yanukovych ordered the Cabinet of Ministers to prepare the project of amendments to the Constitution. Public at once began to worry, declaring about immediate intention to be attached to the constitutional process. Round table on the theme Constitutional Reform: New Realities certified the variety of thoughts which rule in the society. The power, however, did not hear them - nobody of official constitutionalists participated in the discussion.

According to the data of the Ukrainian Independent Center of Political Researches 60 percent of Ukrainians come forward for the amendments to the Constitution and only 19 are against, other hesitate. At that 20 percent of citizens consider that new version of the Basic Law has to be adopted, 57 want to bring amendments to the operating one, 12 suggest abolishing constitutional reform of 2004.

 

Andriy Duda, associate professor of the National Academy of State Administration at the President of Ukraine: 

            The president has the right on initiation of bill. Therefore there is no illegal action in the order regarding the development of project of amendments to the Constitution. The Constitution, however, is not that a simple law, so that one could work with it in such way. Why does the party, which until now has been speaking about the priority of will of people, presently remove people from the constitutional process? Especially since many questions are controversial that is an objective reason for a public discussion.

 

Volodymyr ZOLOTARYOV, political scientist: 

Unfortunately, legal norms which highly stand in the hierarchy of right do not work in modern Ukraine. Already the decision of the Constitutional Court in relation to collection of carcasses has become the classics of genre. In actual fact, unique falsification took place: regulation of the Constitution has been carried to the law On Regulation of the Verkhovna Rada, having added two necessary words national deputies. Therefore the article acquired other content, and now this disfigured provision of law operates instead of Constitution. Certainly, if Constitution did not regulate this provision, then the gap could be filled by the law. But not this time.

 

Svitlana KONONCHUK, leader of the political programs of the Ukrainian Independent Center of Political Researches:  

When V. Yanukovych became the President in Ukraine on the basis of old power model a new political mode - presidential-premier - began to be implemented. Thus all political actors acknowledge the strengthening of influence of the President. Therefore, probably, soon we should expect for constitutional suggestions of the country's leader, which will fasten a new order of realization of power. 

First of all it is desirable to emphasize the necessity to grant autonomies to the government, no matter what model of state management has been selected. In our view, the regulation due to which one part of the Cabinet of Ministers is formed by one institute of power (by the parliament) and another part by another one (by the president) should be liquidated. Nowhere in the world such practice exists. Either parliamentary majority or country's leader has to be responsible for the activity of the government.

 

Yuriy YAKYMENKO, director of political and legal programs of the Ukrainian Center of Economic and Political Researches named after Oleksandr Razumkov: 

            Operating model of organization of power was tested in the conditions of conflict between the President and the Prime-Minister. Presently it is passing the test of complete harmony between power centers. We see that in one terms it provokes the conflict, and in other opens a way to monopolization of power. All depends on who has the majority in the Verkhovna Rada.

 

Yaryna ZHURBA, expert on the questions of constitutional right of the Center of Political and Legal Reforms: 

We have to be ready to offer amendments to the Constitution, so that the events of the year 2004 did not take place again, when they were prepared hastily. Lets remember: then national deputies, while changing the term of appointments of local councils, forgot to correct the term of stay in position of heads of local councils!

Yuriy POTASHNIY