Viche 2007 5

5, 2007

Long live Compromise

or if Dame is out of stagecoach do judges feel easier?

Extraordinary parliamentary elections will take place all the same. At least, according to the last information at a time when the material is prepared for publishing. It turns out that two weeks battles in the Constitutional Court and near it were unsuccessful, doesnt it? Did the sides try to prove constitutionality or non-constitutionality of the presidential decree in vain, were the appeals about pressure upon judges written in vain? And for the sake of what did they make such efforts to expose the fortune of Syuzanna Staniks family, the judge of the CC, who, eventually, was discharged together with Valeriy Pshenychnyi, the other vice-chairman of the court? It turns out that it was possible to find a way out from the situation, without using the services of political employees, and disgracing itself by mutual accusations before the world community.

In order to conduct extraordinary elections, acting and plenipotentiary parliament is needed, because it is practically impossible to do it with the current legislation. Judge yourself: in accordance with the Constitution elections are to be held within a sixtydaily term from the day of publishing of the decision about pre-term stopping of plenary powers of the Verkhovna Rada. According to the Law About elections of national deputies of Ukraine extraordinary elections are to be held the last Sunday of this sixtydaily term. It turns out to be the way it is foreseen in the presidential decrees. However, district selection committees are to be created 50 days prior to elections, and the nomination for deputies ends 40 days prior to it. The lists of electors are to be passed to the district selection committees not fewer than 20 days prior to elections. It cant be denied little time is left for tedious work As Maryna Stavniychuk, vice-chairman of the CEC, reported, the CEC could hold the elections by means of its own recommendations without bringing of changes to the electoral legislation, however for this purpose it is necessary that the elections were acknowledged by all participants of electoral process and society on the whole. Otherwise it will not do without numerous lawsuits about acknowledgement of results of elections invalid.

 New decree, which explains that because of the lack of financing from the side of the government on May, 27 it is impossible to conduct elections, so a different date is to be established, contained another interesting short story: the President found an opportunity to refer in his decision to the article 90 of the Constitution. In the Presidents opinion, the coalition was formed with violation of the article 83 of the Constitution at the time of proclamation of its creation on July, 11, 2006, as already then a few deputies from opposition factions entered its membership. So, the Constitution gives only an initial term according to which the President has the right to stop before the appointed time the authority of the Verkhovna Rada in the case of non-forming of the coalition within the month term in accordance with the article 83 of the Constitution, but it does not contain the last. Maybe, it gave the grounds to the President to consider, that within eight months after formation of coalition he all the same has the right to dissolve the parliament on the grounds foreseen by item1 of part 2 of article 90 of the Constitution