Українською | In English
Viche 2007 №17

№17, 2007

Attempt to leave the state without parliament is violation of the Constitution

Speech of the Chairman of the Verkhovna Rada of Ukraine Oleksandr Moroz at opening of the fourth session of the Verkhovna Rada of the fifth convocation on September, 4, 2007

I’m forced to remind that Ukraine is the European state oriented toward the European values and by content of the Constitution as well. In the articles 1, 3, 5, 6, 8, 15, 19 and others European approach to the role and place of the state in the society is represented, where the principles of supremacy of right, democracy, division of power into legislative, executive and judicial, parliamentarism, continuity of power, nation as its source and others are taken for basis.

The Constitution foresees co-operation of branches of power and doesn’t allow usurpation of power by any of its branches. Therefore I remind that plenary powers of certain institutes of power can be carried out only by a method and in the limits set up by the Basic Law. And it specifies directly that plenary powers of the parliament are stopped only from the moment of opening of the first meeting of the parliament of a new convocation. It can be only in this way, without regard to whether the parliament was formed be regularly scheduled or extraordinary elections.

And only (article 81) with stopping of plenary powers of the Verkhovna Rada the plenary powers of deputies are stopped. That is what the Basic Law orders and we should follow it, instead of things like “The Verkhovna Rada doesn’t exist, but deputies are still allowed to carry out their plenary powers”. Who is it settled by? In fact a deputy has only one representative mandate from people, but not from a public servant even of the highest rank.

What is up to unplenipotentiary of the parliament on the basis of the article 82 of the Constitution, it has exceptionally temporal character till its renewal on the basis of the article 101 of the law about elections, and it was confirmed by the Constitutional Court 5 years ago. Any attempt to leave the state without parliament on some period is violation of the article 5 of the Constitution, that is usurpation of power, as well as preventing deputies from fulfilling their plenary powers (see article 76 of the Constitution).

So I want to quiet some hotheads and the doubts of others. The regular session and our meeting are fully lawful and correspond to the constitutional principles (part one of the article 83 and parts two and three of the article 88 of the Constitution of Ukraine).