The Prime Minister of Ukraine Yulia Tymoshenko made a very interesting statement yesterday. She said, “it left 9 month until the election of President” in Ukraine. It was not a kind of “slip of the tongue”: Mrs. Tymoshenko repeated the phrase about the nine months a couple of times. So, she will try to schedule the regular Presidential election for late October 2009.
The Head of the Committee on Judicial Policy of the Verkhovna Rada of Ukraine Sergiy Mishchenko said on Friday, 23 January that he has the information from the insiders in Presidential Secretariat that they are trying to agree with the Central Election Commission to hold the presidential vote in December 2010. Besides, Mr. Mishchenko himself is sure that the Presidential election should be held on 17 January 2010, counting this date from the Inauguration day of 23 January 2005.
According to Ukrainian law, the date of the regular election of President has to be scheduled by the resolution of Parliament.
A bit of history:
The Head of the Committee on Judicial Policy of the Verkhovna Rada of Ukraine Sergiy Mishchenko said on Friday, 23 January that he has the information from the insiders in Presidential Secretariat that they are trying to agree with the Central Election Commission to hold the presidential vote in December 2010. Besides, Mr. Mishchenko himself is sure that the Presidential election should be held on 17 January 2010, counting this date from the Inauguration day of 23 January 2005.
According to Ukrainian law, the date of the regular election of President has to be scheduled by the resolution of Parliament.
A bit of history:
The first President of Ukraine – Leonid Kravchuk – was elected in one tour on 1 December 2001.
In 1994 the early presidential election was held together with early parliamentary election: first tour took place on 26 June 1994, and the second tour – on 10 July 1994. Leonid Kuchma was a winner of presidential race, Leonid Kravchuk lost.The third presidential election in Ukraine was held in 1999: first tour was on 31 October 1999 and second tour – on 14 November 1999. The leader of the Communist party Petro Symonenko couldn’t beat President Kuchma, and he saved his post with more than 56% of voters’ support.
The first tour of presidential election 2004 was held on 31 October. Current President Viktor Yushchenko and current opposition leader Viktor Yanukovych met in a second tour on 21 November. The Central Election Commission declared the winner was Viktor Yanukovych. After the mass actions of protest, later called the Orange revolution, the Supreme Court of Ukraine cancelled the results of the 2nd tour on 3 December. The new second tour was held on 26 December. Viktor Yushchenko won with the result of 51.99%.
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Ukraine's Constitution states
Article 85
The authority of the Verkhovna Rada of Ukraine comprises:
...
(7) calling elections of the President of Ukraine within the terms specified in this Constitution;
Article 103
The President of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.
...
Regular elections of the President of Ukraine are held on the last Sunday of the last month of the fifth year of the term of authority of the President of Ukraine. In the event of pre-term termination of authority of the President of Ukraine, elections of the President of Ukraine are held within ninety days from the day of termination of the authority.
The procedure for conducting elections of the President of Ukraine is established by law.
Article 104
The newly-elected President of Ukraine assumes office no later than in thirty days after the official announcement of the election results, from the moment of taking the oath to the people at a ceremonial meeting of the Verkhovna Rada of Ukraine.The question of interpretation as to is term of office of the President may need to be answered by the Constitutional Court is the five year term a full five years down to the day or does it only refer to encompassing a five year period. Translations from Russian to English of time is not straight forward an interpretation can be different as a result.
Article 103 states
Regular elections of the President of Ukraine are held on the last Sunday of the last month of the fifth year of the term of authority of the President of Ukraine.
This could in English be interpreted as meaning the last Sunday of December which is the last month of the President's fifth year of office. (2005 being his first year, and 2009 his fifth year)
Why the architects of the constitution did not specify a particular week of a particular month (Say the fourth week in October)I fail to understand.
The other question is what is the President's "Term of Authority" and when does that Authority expire?
Article 104 determines the date when the President commences his term of office as being the date in which the President takes an Oath to the people at a ceremonial meeting of the Verkhovna Rada of Ukraine. The oath is administered by the Chairperson of the Constitutional Court of Ukraine.
If I recall Yushchenko took his oath not in the parliament but in the Maidian Square. Maybe he also gave an oath within the Parliament. This in theory determines the start of his term of office but it is still unclear as to the end of his term. There are problems which ever way you look at it. If the term is a full five years to the day then when is the last month the month immediately before he commenced office or the month following. If his term is limited to five years and that date falls on the date of commencement plus five years to the day then in theory he would lose office prior to any election and Ukraine would be without a head of state. The 10th of January is not the last Sunday of the last month. But that again depends on when you interpret the end of the month.
The other clause that needs to be taken into consideration is Article 85 where it states that the Authority of the Parliament comprises:
...
calling elections of the President of Ukraine within the terms specified in this Constitution. Unfortunately unlike the US constitution a specific date as in the fourth week of October is not mentioned.
Until the constitutional Court rules on the questions before it the decision of the parliament stands. That means the elections is scheduled for October 25, the last Sunday of the month in which the previous Presidential election commenced five years ago.
An Autumn election makes more sense then a mid winter election as proposed by Yuschenko. It retains the five year cycle as opposed to creeping it forward every term. A bit like having an electoral leap year of sorts.
The other factor that is no doubt on Yuschenko's mind is that Article 90 which limits the authority of the President to dismiss the Parliament
The authority of the Verkhovna Rada of Ukraine shall not be terminated during the last six months of the term of authority of the Verkhovna Rada of Ukraine or President of Ukraine.
Confused?... Do not expect the Constitutional court to make a quick decision... by the time it does the Presidential campaign will be in full swing and there does not appear to be a ground swell of public opinion that supports Yuschenko's proposed winter ballot.
All this for the sake of three additional months.
Yuschenko may win a legal argument but he has already lost the election and support of Ukraine.
His best bet would be to embrace the October date and if need be offer his resignation.
Problem solved.. no dispute.
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