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Democratic Achievements of Orange Revolution Are Being Quickly Scrapped in Ukraine

Democratic Achievements of Orange Revolution Are Being Quickly Scrapped in Ukraine
05.10.2010

On Thursday the Constitutional court of Ukraine made "counterrevolution" - recognized political reform of 2004 carried out during the period of "orange revolution" illegal, news agency RIA News transfers. Verdict of the Constitutional court came into force from the date of its acceptance, that is since September, 30th, 2010, "Interfax" specifies.

In the course of political reform the power of the president was weakened - some of his powers were transferred to the parliament and government. Now the president returns these powers himself. Thus, Ukraine which since 2004 was parliament-presidential republic again becomes president-parliamentary.

Changes to the Constitution which were in force till present decision of the Constitutional Court were ordered by law предписаны законом от 8 декабря from December, 8th, 2004 №2222-IV "About introduction of changes in the Constitution of Ukraine" and came into force on January, 1st, 2006. Powers of the president were limited. According to the changes, Cabinet became the supreme body of executive power of Ukraine. The government было ответственным перед was responsible before the president of Ukraine and the Supreme Rada of Ukraine, it was subordinate and affiliated to the Supreme Rada of Ukraine in the limits provided by the Constitution.

The government was appointed by the Supreme Rada of Ukraine. In particular, the prime minister was appointed by the Supreme Rada of Ukraine on representation of the president of Ukraine. The president used to bring a nominee of the prime-minister of Ukraine under the offer of coalition of deputy fractions in the Supreme Rada of Ukraine which made the majority in the parliament.

The president still had the right to appoint and dismiss the chairmen of regional state administrations (governors). Also the president reserved the right to suspend operation of government acts on motives of discrepancy of the Constitution with simultaneous reference in the Constitutional court. Changes also provided that act of the president of Ukraine issued within the powers given by the Constitution are endorsed by signatures of the prime minister of Ukraine and the minister responsible for operation of the act, NEWSru.ua informs.

The leader of fraction "Party of Regions" Alexander Efremov acted for returning to former edition of the constitution. As he said, changes brought in the Constitution of 2004 were rash and unconstitutional, they "brought disorder in our state".

The speaker of the parliament Vladimir Litvin considered that cancellation of political reform of 2004 would lead to parliament dissolution. He believed that citizens should vote for cancellation of the constitutional reform on referendum. In this case elections in the Supreme Rada could be appointed on March, 2011.

Previous president Victor Yushchenko also didn't like political reform of 2004. To replace operating Constitution he developed project of the Constitution and submitted it for consideration of the parliament. But People's Deputies didn't support him.

 

Reason of cancellation of law: forgot to get consulted with Constitutional Court  

Constitutional court considered the law void because of the infringements admitted at its acceptance. The decision of judicial body was announced by its chairman Anatoly Golovin. "Constitutional court recognizes law №2222-IV unconstitutional in connection with infringement of procedure of its consideration and acceptance. It means renewal of operation of the previous edition of norms of the Constitution which were changed, added and excluded by the law №2222-IV", - is stated in the decision of Constitutional Court. Decision is obligatory to performance in territory of Ukraine, definitive and can't be appealed against.

Request to check up legality of the constitutional reform was submitted to Constitutional Court on July, 14th, 2010 252 deputies of the Supreme Rada. In the request deputies asked to recognize the given law completely unconstitutional in connection with infringement of procedure of its consideration and acceptance stipulated in the Constitution.

According to authors of the petition, the bill with certain amendments was considered and accepted by the Supreme Rada without obligatory in such case decision of Constitutional court about conformity to requirements of articles 157 and 158 of Organic laws. In the accepted law deputies adopted a number of articles redrafted if compared to the bill coordinated earlier with Constitutional court.

The president of Ukraine announced that they will act as Europeans

The president of Ukraine Victor Yanukovych informed that "in the course of the constitutional reform the country will follow legitimate decisions". He made corresponding statement on Friday at 7th annual meeting in Yalta.

"Ukraine was and remains component of uniform European democratic space. Taking into consideration sad lessons of the past we will follow the way of wide public dialogue and legitimate decisions. I want to assure that further constitutional transit of Ukraine will be connected only with strengthening of representation democracy and local government strengthening, guarantees of protection of rights and freedom of person", - the president assured.

 

 

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