Tuesday, December 16, 2008

The Coalition of BYT, OU-PSD and BL factions in Verkhovna Rada of Ukraine does exist. But it is not constitutional.

The Coalition Treaty, uniting the parliamentary factions of the Block of Yulia Tymoshenko (BYT), the Our Ukraine – People’s Self-Defence (OU-PSD), and the Block of Lytvyn (BL), was triumphantly signed today in Verkhovna Rada. On behalf of the BYT faction the Coalition Treaty was signed by the Head of the faction Ivan Kyrylenko, on behalf of the OU-PSD – as it was promised earlier – by its Deputy Head Borys Tarasyuk, and on behalf of the BL faction – by the faction’s new Head Igor Sharov. The official name of the Coalition – National Development, Stability, and Order.

37 members of OU-PSD signed the document (total size of the Coalition – 213 MPs). The Head of the OU-PSD faction Vyacheslav Kyrylenko declared that he is going to resign from his position, as he doesn’t represent the faction’s majority anymore. “Any agreement with Tymoshenko worth less than the paper she’s putting her signature on, because it will not be realised, and this will be the main problem of the Coalition”, he said. Mr. Kyrylenko also called the new Coalition as “a serious threat for the state”, noticing the “dominating power” of the Communist Party in this Coalition.

But the Communist party role in the recent developments in Parliament (which is obvious) is not actually the biggest problem of a new parliamentary block of factions. The main paradox is that this newly formed Coalition does not correspond with provisions of the Constitution of Ukraine. We may say that there is a declared unity of factions in Parliament, but there is no new Coalition in its legal meaning.

According to the Part 6 of the Article 83 of the Constitution of Ukraine, “a Coalition of deputy factions, consisted of the majority of Members of Parliament of Ukraine of the constitutional membership of Verkhovna Rada of Ukraine, shall be formed”. (Here is the official translation of the Constitution, but I have to notice that in Ukrainian language the coalition-part sounds more clear, emphasizing that the coalition should comprise the majority of MPs). So, according to the Constitution, 226 or more Members of Parliament should form the Coalition.

There is also a decision of the Constitutional Court of Ukraine, adopted in September 2008 (a detailed info in Ukrainian may be read here), which states that “the requirement on the overall number of Members of Parliament of Ukraine, who on the strength of parliamentary factions are forming the Coalition of parliamentary factions, concerns the moment of formation of the Coalition, and all the period of its activity as well”.

1 comment:

joseph said...

And how big a problem is this? Not much. The Pres called for a "situational majority" just this week; perhaps he forgot he used the existance of same recently to call snap elections (not this time, last time).
When will the grafitti artists start writing "Yush must go" at every bus stop? His policy of today can be guarranteed to contradict the policy of yesterday. His secretariat calling the problem the PM is ludicrous at best.
Have you read his recent BBC interview? And where is there balance? His lies, distortionons and obvious disconect from reality are obvious.
You want to start from the ground up, now is the time. Start declaring the President must go. Tell all you know and make it a part of every conversation. It is a start and nothing else can happen till the man that is the road block to all action or progress is removed.
I just began this action here, by saying it to you! Will you do the same, who speaks for Ukraine?