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”.