Constitutional Court ruling approves controversial political reform bill (03/21/04)

Constitutional Court ruling approves controversial political reform bill

by Roman Woronowycz
Kyiv Press Bureau

KYIV - Ukraine's Constitutional Court ruled on March 18 that a controversial political reform bill recently pushed through Parliament for preliminary approval by the majority coalition did not violate provisions within the Constitution of Ukraine.

The court approved the wording of the bill by a 14-3 vote. If approved in a second reading by a two-thirds parliamentary vote during this legislative term, it would put more power in the hands of the Verkhovna Rada and reduce the role of the president, merely months before presidential elections.

The court's ruling stated that the draft legislation did not violate Articles 157 and 158 of Ukraine's Constitution. It noted that there were certain inconsistencies in the draft legislation as a whole and as it related to elements of the Constitution. The court concluded, however, that it "was not authorized to rule on these matters, inasmuch as they did not change or limit individual or citizen rights and liberties; were not aimed to liquidate independence or to violate the territorial integrity of Ukraine," as stipulated in Article 157. Article 158 states that any draft bill that involves amendments to the Constitution and is rejected after discussion by the Parliament cannot be resubmitted for a year, as well as stipulates that the Verkhovna Rada cannot amend a provision of the Constitution more than once during its mandate.

Eighteen justices sit on the judicial panel of the country's highest constitutional body. The president appoints six justices, the government six and the Parliament six.

The political reforms foreseen in the draft legislation call for the Verkhovna Rada to have its term extended from four to five years, to bring it in line with the presidential term of office. It authorizes the Parliament to form a majority coalition, which would then elect a prime minister who would form a government and appoint local and regional authorities. It cedes a good portion of presidential authority to the prime minister. The bill instructs that the law should become effective within four months.

Opposition leaders in the Verkhovna Rada have said that the two parliamentary floor votes in which a majority voiced approval for the legislation were procedurally illegal.

The Our Ukraine and Yulia Tymoshenko blocs have said that during the first vote, held December 24, 2003, the hand vote that resulted after they forcibly stopped an electronic vote did not show a majority.

They have called a second vote, held on March 3 of this year, invalid also because it was done during a special session called by Verkhovna Rada Chairman Volodymyr Lytvyn, exclusively to get a change made to the draft legislation so that it could be approved during the current session. The change removed an item that called for the president to be elected by the Verkhovna Rada and returned that right to the people. The Constitution mandates that amendments to Ukraine's fundamental law must be approved in two separate sessions of the Parliament.

Our Ukraine and the Tymoshenko Bloc vociferously oppose the political reform draft legislation on the grounds that it is a strategic move by those who currently hold power to retain their authority as the presidential elections approach. Current polls show that National Deputy Viktor Yushchenko of Our Ukraine has an overwhelming lead over his nearest rivals, Prime Minister Viktor Yanukovych and Communist Party Chairman Petro Symonenko.

A survey released by the Ukrainian National Institute for Strategic Studies on March 17 had Mr. Yushchenko supported by 23.5 percent of those who were asked for whom they would vote in the October 31 presidential elections. Mr. Symonenko received 12.7 support, and Prime Minister Yanukovych, 11.2. The survey questioned 1,800 people in all regions of Ukraine during the period of February 9-23.

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