2007 Ukrainian political crisis
Encyclopedia
The political crisis
in Ukraine lasted from April to June of 2007 was part of political stand off between coalition and opposition factions of Verkhovna Rada
that led to the unscheduled Ukrainian parliamentary election, 2007
. It started on April 2, 2007 as a culmination of long lasting crisis and degradation of the parliamentary coalition when the President of Ukraine
(Viktor Yushchenko
) attempted to dissolve the parliament. The following day, in light of impending political unrest, the United Nations
Resident Coordinator
, following an earlier call to deepen democracy and liberalize the economyhttp://www.un.org.ua/en/information-centre/news/352-2007-03-21, exceptionally issued an advisory statement of principles on behalf of the Country Teamhttp://www.un.org.ua/files/unct_ukraine_statement_en.pdf (followed by a visit by former Estonian President Arnold Rüütel
on 23 Aprilhttp://www.un.org.ua/en/information-centre/news/364-2007-04-24).
The president signed a presidential decree based on several articles of the Constitution of Ukraine
ordering early parliamentary elections in Ukraine
to be held on May 27, 2007, though they were later postponed to June 24, 2007. He also ordered the government of Ukraine to finance the appointed elections. The Parliament
and the government of Yanukovych
called this decree unconstitutional and prevented fund allocation for elections. An appeal against the President's decree was lodged in Ukraine's Constitutional Court, which was considering the appeal. The Constitutional Court was expected to conclude its public hearing on Wednesday, April 25, 2007, following the presentation of the Government and Parliament's submission. The Court would then retire to consider their ruling.
Viktor Yushchenko suspended the decree and postponed date of the election in order to have approved legislation on elections, the opposition, and the operation of Parliament.
and the opposition supported by the president Viktor Yushchenko
frequently resulted in the opposition boycotting the parliament's plenary sessions.
Prior to the President's April 2 decree dismissing Ukraine's Parliament, 11 members of the opposition supported the governing Coalition of National Unity (formerly the Anti-Crisis Coalition). The President of Ukraine, Viktor Yushchenko, claimed that the right of individual members of a parliamentary faction to support the governing coalition was contrary to the provisions of Ukraine's Constitution.
Article 83 clause six, in what is commonly referred to as the Imperative mandate stated "According to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Verkhovna Rada of Ukraine to include a majority of People’s Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine".
The "Imperative mandate" provision of Ukraine's Constitution came under strong criticism by the Parliamentary Assembly of the Council of Europe
as being undemocratic.. The Parliamentary Assembly in its Explanatory memorandum dated April 17, 2007 had emphasized
The week before the president's initial decree, on April 2, dismissing Ukraine's Parliament, thousands of supporters of the opposition gathered in Kiev, calling on the President dissolve the parliament. A similar number of supporters of Verkhovna Rada Governing majority also gathered in Kiev supporting Ukraine's parliament.
On April 2, the President, Viktor Yushchenko, following a meeting with Prime Minister Viktor Yanukovych
and Speaker of the Parliament Oleksandr Moroz
, signed the first decree dismissing Ukraine's Parliament sparking another political and constitutional crisis in Ukraine.
At 11 PM the President, in a televised speech to the nation, announced his decree dismissing the parliament and ordering early parliamentary elections to be initially held on May 27. The Rada, passed a motion declaring the decree unconstitutional, in defiance of the president's decree continued to function, issued orders preventing funds allocation for elections, and canceled the order assigning election commission
members. The cabinet, supporting the parliament, refused to allocate funds for the new election.
The legality and authority of the President's determination to dismiss Ukraine's previous parliament has been the subject of a challenge in Ukraine's Constitutional Court.
On April 30, 2007 On the eve of the Court’s ruling on the legality of the President's decrees, Viktor Yushcheko intervened in the operation and independence of Ukraine's Constitutional Court by dismissing three Constitutional Court judges. The President's actions were later determined by Ukrainian courts of have been illegal and one of the judges dismissed has been reinstated; the other two judges resigned. Following the President's intervention the Constitutional Court has not ruled on the legality of the previous parliament's dismissal.
In a separate issue, some politicians have claimed that identification cards
for voting changed hands, as many deputies do not attend parliament in violation of Article 84 of the Constitution.
The Central Election Commission
has estimated direct costs of the elections to be at about 340 million UAH ($67 million, £34 million). Yulia Tymoshenko
, leader of the parliamentary opposition, commented on the issue of costs:
is examining an inquiry submitted by a group of 53 members of parliament who question the constitutional legitimacy of the parliament's dissolution. This inquiry is based on interpretation that the President had no authority under Ukraine's constitution to dissolve parliament under the conditions listed in Article 90 of the Constitution of Ukraine
. which is the only article in Ukraine's Constitution that empowers the President to dismiss Ukraine's Parliament. Instead, the decree mentions Articles 5, 69, 77, 83, 102, and 106.
On April 4, Ivan Dombrovskyy
, the Chairman of the Constitutional Court, filed for resignation, stating that he is under pressure. However, the judges rejected it.
On April 5, Yanukovych has announced that during telephone conversation asked the Austria
n Chancellor
Alfred Gusenbauer
to mediate in the dispute. There was no immediate response from Gusenbauer's office, and Austrian diplomats were surprised by the news about his help request.
On April 6, the Alliance of National Unity
tried to compromise by dismissing the individuals from opposition fractions who had joined them and ratifying a parliamentary law banning individual membership in coalitions.
Four members of Central Election Commission - Yuriy Donchenko, Ihor Kachur, Bronislav Raykovskyy, and Oleksandr Chupakhin (reportedly affiliated with the Anti-Crisis Coalition) took sickness leave - thus effectively blocked work of commission as there is no quorum
.
As of April 6 in Constitutional Court, there are constitutional legitimacy questions from the President on an order of the Cabinet Ministers supporting the Verkhovna Rada and from 102 deputies on changes done to constitution in 2004.
On April 7, Feodosiya city court has canceled own order from April 5 that originally disallowed to start elections. Vladimir Kolesnichenko, a spokesperson for the Party of Regions has said that this court ruling is a fake and that the elections are still banned.
On April 9, the Rada has passed a declaration, stating:
Furthermore, the Rada called upon the heads of European states, governments, and parliaments to send its representatives to mediate the political crisis.
Ukraine's parliament on April 9, raising the stakes in the country's ongoing political confrontation, stated that it would only support early parliamentary elections a presidential vote is held at the same time.
On April 10, a Luhansk
municipal courts' ruling, dated April 6, banning all preparations for the election was publicly announced. The ruling was a response to an inquiry, submitted by Vladimir Ivanov, a Party of Regions member of parliament. Reportedly, this ruling was canceled. Ivanov has attempted to use labor laws in order to keep his deputy mandate:
Five Constitutional Court judges (Dmytro Lelak, Volodymyr Kampo, Viktor Shyshkin, Petro Stetsyuk, Yaroslava Machuzhak), three of whom were appointed under the presidential quota, refused to participate in review of president order unless they will be given protection by law enforcement. They noted that "certain political forces, acting through their representatives, publicly apply rude pressure on the individual judges and on the Constitutional Court as a whole."
On April 12 – 13, both Yanukovych and Yushchenko agreed to abide by the Court's ruling, regardless of its verdict. Furthermore, Yanukovych stated he might agree to parliamentary elections, if the other parties would also agree to participate, even if the Court rules in favor of the Rada.
On April 17, Ukraine's Constitutional Court, with all 18 judges in attendance, decided to study the appeal against the President's decree non-stop until a final ruling is passed. 11 out of 18 Judges passed this decision.
Ukrainian opposition leader Yulia Tymoshenko described a Constitutional Court decision to review the President's decree dissolving parliament as "a farce," and urged the president to recall the judges appointed on his quota.
The Court has yet to make its decision on the appeal, and is scheduled to announce it on April 27.
Ukrainian Prime Minister Viktor Yanukovych address Council of Europe Parliamentary Assembly stating that the coalition of the majority in Ukraine biggest concern is not that of elections, but the choice between whether Ukraine will be a state ruled by law and all of the emerging problems will be resolved in courts, or on the streets.
Although April 17 was the deadline under established law to submit documents to the Central Election Commission for the registration of party lists, no political force has done so.
held an emergency session to consider issues related to Ukraine's current political crisis. The Assembly passed a resolution calling on all parties to disputation to respect the decision of Ukraine's Constitutional Court whilst criticizing Ukraine's Constitution Imperative mandate provisions.
Parliamentary Assembly rapporteurs on Ukraine - Hanne Severinsen and Renate Wohlwend commented:
The "imperative mandate" provision of Ukraine's Constitution came under strong criticism by the Parliamentary Assembly of the Council of Europe
as being undemocratic. The Parliamentary Assembly in its Explanatory memorandum had emphasized
Dmitry Vydrin from the Bloc of Yulia Tymoshenko (BYuT), has declared that he had not written an application on abdication, as nobody has not made this request. According to him, “there are three reasons” why he did not give his mandate, reports Delo. “At first, nobody addressed to me with my proposal. Nobody phoned me and told me to write down this application. So how could I write it?” declared the deputy.
Aleksander Kwaśniewski
, Poland's former President, believes that Ukraine must find a political compromise and solution to the current political crisis facing Ukraine. When asked who is to blame he responded:
On April 25, Viktor Yushchenko announced that he has rescheduled the early parliamentary elections to June 24. On 30 April, the Rada passed a motion calling for presidential and parliamentary elections to be held on 9 December 2007. After negotiations on May 4, Yanukovych and Yushchenko finally agreed to hold elections in autumn (without specifying a date).
An appeal against each of the president's decrees was lodged in the Constitutional Court.
The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that
In emphasis the report (item 68) stated
Pursuant to Article 149 of Ukraine's Constitution
Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity and to the grounds for dismissal from office envisaged by Article 126, and the requirements concerning incompatibility as determined in Article 127, paragraph two of Ukraine's Constitution
Following the president's intervention the Constitutional Court still has not ruled on the question of legality of the president's actions.
Stepan Havrysh, the President's appointee to the Constitutional Court, in prejudgment of the court's decision and without authorization from the Court itself, commented in an interview published on July 24
Oleksandr Lavrynovych, Ukrainian Minister for Justice, in an interview published on August 3 is quoted as saying
On May 24, Yushchenko fired the Prosecutor General of Ukraine, Svyatoslav Piskun
, who was appointed by Yushchenko himself on April 26, after Piskun refused to resign his place in the Verkhovna Rada as was required by the Ukrainian law
, so as to not hold two positions at the same time. Yushchenko cited Constitution Article 78 which states "Where there emerge circumstances infringing requirements concerning the incompatibility of the deputy’s mandate with other types of activity, the People’s Deputy of Ukraine shall within twenty days from the date of the emergence of such circumstances discontinue such activity or lodge a personal application for divesting of People’s Deputy authority" and Item 1 of Article 3 of Law № 2783-IV when issuing his decree on the dismissal of the Prosecutor General. The President appointed Viktor Shemchuk, the Prosecutor General of Crimea, as a replacement to Svyatoslav Piskun.
After Piskun's dismissal, thousands of protesters marched to his office in Kiev protesting his dismissal. Piskun, accompanied by several deputies from the Party of Regions
, tried to enter his office in Kiev, however, were prevented from doing so by the Members of the State Protection Department, with Valeriy Heletiy at their lead. Valeriy Heletiy and the deputies were later joined by the Communist Party
leader Petro Symonenko
and supporters of the Party of Regions. The Minister of Internal Affairs of Ukraine
, Vasyl Tsushko
, ordered Ukraine's Berkut
riot police to surround the building, defying Yushchenko's order for the Ukrainian security services not to get involved in the political conflict. Tsushko responded to Yushchenko's dismissal of Piskun as a "coup d'état
."
On May 25, Viktor Yushchenko ordered a decree, taking control over 40,000 interior ministry troops. Meanwhile, the troops were acting on orders of the Interior Minister of Ukraine Vasyl Tsushko, who was charged with abuse of office on May 25.
On May 26, thousands of Interior Ministry troops moved towards Ukraine's capital Kiev
on the President's orders. The troops were only lightly armed with riot gear and no lethal weapons. On their way to Kiev, the troops were stopped by Ukrainian Traffic Police. Deputy Interior Minister Mykhailo Kornienko stated that about 2,050 troops from 13 out of 25 of Ukrainian oblast
s were deployed. According to the Vice Commander of the Interior Ministry troops Mykola Mishakin, about 3,480 troops were deployed near Kiev. Since their entrance into the capital was blocked by Berkut
and the Government Automobile Inspection, the Interior Ministry troops would walk to Kiev. Mykola Mishakin stated:
After over seven hours of discussions, Yushchenko, Yanukovych, and the Verkhovna Rada Speaker
have come to an agreement by setting the date for new parliamentary elections
on September 30, 2007.
After coming to a compromise on an election date, the Verkhovna Rada was given two days to accept the new elections and legally prepare for them. The Cabinet of Ministers of Ukraine
adopted a bill that would allow funding for the early parliamentary elections, and the Rada approved the necessary laws on 1 June 2007. Yushchenko formally called the election on 5 June 2007, thus ending the political crisis.
Crisis
A crisis is any event that is, or expected to lead to, an unstable and dangerous situation affecting an individual, group, community or whole society...
in Ukraine lasted from April to June of 2007 was part of political stand off between coalition and opposition factions of Verkhovna Rada
Verkhovna Rada
The Verkhovna Rada of Ukraine is Ukraine's parliament. The Verkhovna Rada is a unicameral parliament composed of 450 deputies, which is presided over by a chairman...
that led to the unscheduled Ukrainian parliamentary election, 2007
Ukrainian parliamentary election, 2007
Early parliamentary elections in Ukraine took place on 30 September 2007. The date of the election was determined following agreement between the President Viktor Yushchenko, the Prime Minister Viktor Yanukovych and the Chairman of the Verkhovna Rada Oleksandr Moroz on 27 May 2007, in an attempt...
. It started on April 2, 2007 as a culmination of long lasting crisis and degradation of the parliamentary coalition when the President of Ukraine
President of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
(Viktor Yushchenko
Viktor Yushchenko
Viktor Andriyovych Yushchenko is a former President of Ukraine. He took office on January 23, 2005, following a period of popular unrest known as the Orange Revolution...
) attempted to dissolve the parliament. The following day, in light of impending political unrest, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Resident Coordinator
Resident Coordinator
A United Nations Resident Coordinator is the highest United Nations official and the chief of UN diplomatic mission in a country . It confers the same rank as an Ambassador of a foreign state...
, following an earlier call to deepen democracy and liberalize the economyhttp://www.un.org.ua/en/information-centre/news/352-2007-03-21, exceptionally issued an advisory statement of principles on behalf of the Country Teamhttp://www.un.org.ua/files/unct_ukraine_statement_en.pdf (followed by a visit by former Estonian President Arnold Rüütel
Arnold Rüütel
Arnold Rüütel OIH was the third President of the Republic of Estonia from October 8, 2001 to October 9, 2006. He was the second President since Estonia regained its independence in 1991....
on 23 Aprilhttp://www.un.org.ua/en/information-centre/news/364-2007-04-24).
The president signed a presidential decree based on several articles of the Constitution of Ukraine
Constitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
ordering early parliamentary elections in Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
to be held on May 27, 2007, though they were later postponed to June 24, 2007. He also ordered the government of Ukraine to finance the appointed elections. The Parliament
Verkhovna Rada
The Verkhovna Rada of Ukraine is Ukraine's parliament. The Verkhovna Rada is a unicameral parliament composed of 450 deputies, which is presided over by a chairman...
and the government of Yanukovych
Alliance of National Unity
Alliance of National Unity was the name of the governing coalition of the Party of Regions, the Communist Party and the Socialist Party in Ukraine after the Ukrainian parliamentary election, 2006 and the 2006 Ukrainian political crisis...
called this decree unconstitutional and prevented fund allocation for elections. An appeal against the President's decree was lodged in Ukraine's Constitutional Court, which was considering the appeal. The Constitutional Court was expected to conclude its public hearing on Wednesday, April 25, 2007, following the presentation of the Government and Parliament's submission. The Court would then retire to consider their ruling.
Viktor Yushchenko suspended the decree and postponed date of the election in order to have approved legislation on elections, the opposition, and the operation of Parliament.
Dismissal of parliament and new elections
Leading up to the dissolution of parliament was the eight-month power struggle between the president and the parliament. Ongoing power struggles between the Coalition of National UnityAlliance of National Unity
Alliance of National Unity was the name of the governing coalition of the Party of Regions, the Communist Party and the Socialist Party in Ukraine after the Ukrainian parliamentary election, 2006 and the 2006 Ukrainian political crisis...
and the opposition supported by the president Viktor Yushchenko
Viktor Yushchenko
Viktor Andriyovych Yushchenko is a former President of Ukraine. He took office on January 23, 2005, following a period of popular unrest known as the Orange Revolution...
frequently resulted in the opposition boycotting the parliament's plenary sessions.
Prior to the President's April 2 decree dismissing Ukraine's Parliament, 11 members of the opposition supported the governing Coalition of National Unity (formerly the Anti-Crisis Coalition). The President of Ukraine, Viktor Yushchenko, claimed that the right of individual members of a parliamentary faction to support the governing coalition was contrary to the provisions of Ukraine's Constitution.
Article 83 clause six, in what is commonly referred to as the Imperative mandate stated "According to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Verkhovna Rada of Ukraine to include a majority of People’s Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine".
The "Imperative mandate" provision of Ukraine's Constitution came under strong criticism by the Parliamentary Assembly of the Council of Europe
Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe , which held its first session in Strasbourg on 10 August 1949, can be considered the oldest international parliamentary assembly with a pluralistic composition of democratically elected members of parliament established on the basis of an...
as being undemocratic.. The Parliamentary Assembly in its Explanatory memorandum dated April 17, 2007 had emphasized
The week before the president's initial decree, on April 2, dismissing Ukraine's Parliament, thousands of supporters of the opposition gathered in Kiev, calling on the President dissolve the parliament. A similar number of supporters of Verkhovna Rada Governing majority also gathered in Kiev supporting Ukraine's parliament.
On April 2, the President, Viktor Yushchenko, following a meeting with Prime Minister Viktor Yanukovych
Viktor Yanukovych
Viktor Fedorovych Yanukovych is a Ukrainian politician who has been the President of Ukraine since February 2010.Yanukovych served as the Governor of Donetsk Oblast from 1997 to 2002...
and Speaker of the Parliament Oleksandr Moroz
Oleksandr Moroz
Oleksandr Oleksandrovych Moroz is a Ukrainian statesman and politician. He was the Speaker of Verkhovna Rada of Ukraine twice: July 2006 to September 2007, and previously in 1994 through 1998. Moroz is one of the founders and leader of the Socialist Party of Ukraine, which was an influential...
, signed the first decree dismissing Ukraine's Parliament sparking another political and constitutional crisis in Ukraine.
At 11 PM the President, in a televised speech to the nation, announced his decree dismissing the parliament and ordering early parliamentary elections to be initially held on May 27. The Rada, passed a motion declaring the decree unconstitutional, in defiance of the president's decree continued to function, issued orders preventing funds allocation for elections, and canceled the order assigning election commission
Central Election Commission of Ukraine
The Central Election Commission of Ukraine ; sometimes referred to as the Central Electoral Commission of Ukraine) is a permanent and independent collegiate body of the Ukrainian government.- Mission and Authority :...
members. The cabinet, supporting the parliament, refused to allocate funds for the new election.
The legality and authority of the President's determination to dismiss Ukraine's previous parliament has been the subject of a challenge in Ukraine's Constitutional Court.
On April 30, 2007 On the eve of the Court’s ruling on the legality of the President's decrees, Viktor Yushcheko intervened in the operation and independence of Ukraine's Constitutional Court by dismissing three Constitutional Court judges. The President's actions were later determined by Ukrainian courts of have been illegal and one of the judges dismissed has been reinstated; the other two judges resigned. Following the President's intervention the Constitutional Court has not ruled on the legality of the previous parliament's dismissal.
In a separate issue, some politicians have claimed that identification cards
Smart card
A smart card, chip card, or integrated circuit card , is any pocket-sized card with embedded integrated circuits. A smart card or microprocessor cards contain volatile memory and microprocessor components. The card is made of plastic, generally polyvinyl chloride, but sometimes acrylonitrile...
for voting changed hands, as many deputies do not attend parliament in violation of Article 84 of the Constitution.
The Central Election Commission
Central Election Commission of Ukraine
The Central Election Commission of Ukraine ; sometimes referred to as the Central Electoral Commission of Ukraine) is a permanent and independent collegiate body of the Ukrainian government.- Mission and Authority :...
has estimated direct costs of the elections to be at about 340 million UAH ($67 million, £34 million). Yulia Tymoshenko
Yulia Tymoshenko
Yulia Volodymyrivna Tymoshenko , née Grigyan , born 27 November 1960, is a Ukrainian politician. She was the Prime Minister of Ukraine from 24 January to 8 September 2005, and again from 18 December 2007 to 4 March 2010. She placed third in Forbes Magazine's List of The World's 100 Most Powerful...
, leader of the parliamentary opposition, commented on the issue of costs:
Political crisis
The Constitutional Court of UkraineConstitutional Court of Ukraine
The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine and decides whether laws and other legal acts are constitutional....
is examining an inquiry submitted by a group of 53 members of parliament who question the constitutional legitimacy of the parliament's dissolution. This inquiry is based on interpretation that the President had no authority under Ukraine's constitution to dissolve parliament under the conditions listed in Article 90 of the Constitution of Ukraine
Constitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
. which is the only article in Ukraine's Constitution that empowers the President to dismiss Ukraine's Parliament. Instead, the decree mentions Articles 5, 69, 77, 83, 102, and 106.
On April 4, Ivan Dombrovskyy
Ivan Dombrovskyy
Ivan Petrovich Dombrovskyy is Judge of the Constitutional Court of Ukraine since August 4, 2006 and its Chairman since September 19, 2006. He was elected under the Congress of Judges' quota and is the oldest among the current judges of Constitutional Court...
, the Chairman of the Constitutional Court, filed for resignation, stating that he is under pressure. However, the judges rejected it.
On April 5, Yanukovych has announced that during telephone conversation asked the Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
n Chancellor
Chancellor of Austria
The Federal Chancellor is the head of government in Austria. Its deputy is the Vice-Chancellor. Before 1918, the equivalent office was the Minister-President of Austria. The Federal Chancellor is considered to be the most powerful political position in Austrian politics.-Appointment:The...
Alfred Gusenbauer
Alfred Gusenbauer
Alfred Gusenbauer is an Austrian career politician who until 2008 spent his entire professional life as an employee of the Social Democratic Party of Austria or as a parliamentary representative. He headed the SPÖ from 2000 to 2008, and served as Chancellor of Austria from January 2007 to...
to mediate in the dispute. There was no immediate response from Gusenbauer's office, and Austrian diplomats were surprised by the news about his help request.
On April 6, the Alliance of National Unity
Alliance of National Unity
Alliance of National Unity was the name of the governing coalition of the Party of Regions, the Communist Party and the Socialist Party in Ukraine after the Ukrainian parliamentary election, 2006 and the 2006 Ukrainian political crisis...
tried to compromise by dismissing the individuals from opposition fractions who had joined them and ratifying a parliamentary law banning individual membership in coalitions.
Four members of Central Election Commission - Yuriy Donchenko, Ihor Kachur, Bronislav Raykovskyy, and Oleksandr Chupakhin (reportedly affiliated with the Anti-Crisis Coalition) took sickness leave - thus effectively blocked work of commission as there is no quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
.
As of April 6 in Constitutional Court, there are constitutional legitimacy questions from the President on an order of the Cabinet Ministers supporting the Verkhovna Rada and from 102 deputies on changes done to constitution in 2004.
On April 7, Feodosiya city court has canceled own order from April 5 that originally disallowed to start elections. Vladimir Kolesnichenko, a spokesperson for the Party of Regions has said that this court ruling is a fake and that the elections are still banned.
On April 9, the Rada has passed a declaration, stating:
Furthermore, the Rada called upon the heads of European states, governments, and parliaments to send its representatives to mediate the political crisis.
Ukraine's parliament on April 9, raising the stakes in the country's ongoing political confrontation, stated that it would only support early parliamentary elections a presidential vote is held at the same time.
On April 10, a Luhansk
Luhansk
Luhansk also known as Lugansk is a city in southeastern Ukraine. It is the administrative center of the Luhansk Oblast . The city itself is also designated as its own separate municipality within the oblast...
municipal courts' ruling, dated April 6, banning all preparations for the election was publicly announced. The ruling was a response to an inquiry, submitted by Vladimir Ivanov, a Party of Regions member of parliament. Reportedly, this ruling was canceled. Ivanov has attempted to use labor laws in order to keep his deputy mandate:
Five Constitutional Court judges (Dmytro Lelak, Volodymyr Kampo, Viktor Shyshkin, Petro Stetsyuk, Yaroslava Machuzhak), three of whom were appointed under the presidential quota, refused to participate in review of president order unless they will be given protection by law enforcement. They noted that "certain political forces, acting through their representatives, publicly apply rude pressure on the individual judges and on the Constitutional Court as a whole."
On April 12 – 13, both Yanukovych and Yushchenko agreed to abide by the Court's ruling, regardless of its verdict. Furthermore, Yanukovych stated he might agree to parliamentary elections, if the other parties would also agree to participate, even if the Court rules in favor of the Rada.
On April 17, Ukraine's Constitutional Court, with all 18 judges in attendance, decided to study the appeal against the President's decree non-stop until a final ruling is passed. 11 out of 18 Judges passed this decision.
Ukrainian opposition leader Yulia Tymoshenko described a Constitutional Court decision to review the President's decree dissolving parliament as "a farce," and urged the president to recall the judges appointed on his quota.
The Court has yet to make its decision on the appeal, and is scheduled to announce it on April 27.
Ukrainian Prime Minister Viktor Yanukovych address Council of Europe Parliamentary Assembly stating that the coalition of the majority in Ukraine biggest concern is not that of elections, but the choice between whether Ukraine will be a state ruled by law and all of the emerging problems will be resolved in courts, or on the streets.
Although April 17 was the deadline under established law to submit documents to the Central Election Commission for the registration of party lists, no political force has done so.
Parliamentary Assembly of the Council of Europe
On April 19, the Parliamentary Assembly of the Council of EuropeParliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe , which held its first session in Strasbourg on 10 August 1949, can be considered the oldest international parliamentary assembly with a pluralistic composition of democratically elected members of parliament established on the basis of an...
held an emergency session to consider issues related to Ukraine's current political crisis. The Assembly passed a resolution calling on all parties to disputation to respect the decision of Ukraine's Constitutional Court whilst criticizing Ukraine's Constitution Imperative mandate provisions.
Parliamentary Assembly rapporteurs on Ukraine - Hanne Severinsen and Renate Wohlwend commented:
The "imperative mandate" provision of Ukraine's Constitution came under strong criticism by the Parliamentary Assembly of the Council of Europe
Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe , which held its first session in Strasbourg on 10 August 1949, can be considered the oldest international parliamentary assembly with a pluralistic composition of democratically elected members of parliament established on the basis of an...
as being undemocratic. The Parliamentary Assembly in its Explanatory memorandum had emphasized
Opposition Members First Resignations
On April 20, leaders of Bloc Yulia Tymoshenko and Our Ukraine have declared that about 150 deputy members of Our Ukraine and Bloc Yulia Tymoshenko have resigned from Ukraine's parliament, as result it claimed that the parliament will be no longer able to operate constitutionally per Article 82. Their resignations have been submitted to Vikor Yushchenko, Ukraine's President, who has accepted their resignation.Dmitry Vydrin from the Bloc of Yulia Tymoshenko (BYuT), has declared that he had not written an application on abdication, as nobody has not made this request. According to him, “there are three reasons” why he did not give his mandate, reports Delo. “At first, nobody addressed to me with my proposal. Nobody phoned me and told me to write down this application. So how could I write it?” declared the deputy.
Aleksander Kwaśniewski
Aleksander Kwasniewski
Aleksander Kwaśniewski is a Polish politician who served as the President of Poland from 1995 to 2005. He was born in Białogard, and during communist rule he was active in the Socialist Union of Polish Students and was the Minister for Sport in the communist government in the 1980s...
, Poland's former President, believes that Ukraine must find a political compromise and solution to the current political crisis facing Ukraine. When asked who is to blame he responded:
On April 25, Viktor Yushchenko announced that he has rescheduled the early parliamentary elections to June 24. On 30 April, the Rada passed a motion calling for presidential and parliamentary elections to be held on 9 December 2007. After negotiations on May 4, Yanukovych and Yushchenko finally agreed to hold elections in autumn (without specifying a date).
Constitutional Court
The authority of the President to dismiss Ukraine's parliament was challenged in Ukraine's Constitutional Court amidst concern that the President's actions were unconstitutional in that he had exceeded his authority to dismiss Ukraine's parliament.An appeal against each of the president's decrees was lodged in the Constitutional Court.
- On April 19 the Parliamentary Assembly of the Council of Europe passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine. (Items 13 and 14) stated:
The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that
In emphasis the report (item 68) stated
- On April 30, on the eve of the Constitutional Court's ruling on the legality of the president's decree dismissing Ukraine's parliament, President Yushchenko, in defiance of the PACE resolution of April 19 intervened in the operation of Ukraine's Constitutional Court by summarily dismissing two Constitutional Court Judges, Syuzanna Stanik and Valeriy PshenychnyyValeriy PshenychnyyValeriy Hryhorovych Pshenychnyy was a President's quota-appointed Judge of the Constitutional Court of Ukraine from February 4, 2003 to May 16, 2007 and it's Chairman since May 17, 2007...
, for allegations of "oath treason." His move was later overturned by the Constitutional Court and the judges were returned by a temporary restraining orderInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
issued by the court.
- On May 16,Viktor Yushchenko, for a second time, issued another decree dismissing the two Constitutional Court Judges Syuzanna Stanik and Valeriy PshenychnyyValeriy PshenychnyyValeriy Hryhorovych Pshenychnyy was a President's quota-appointed Judge of the Constitutional Court of Ukraine from February 4, 2003 to May 16, 2007 and it's Chairman since May 17, 2007...
.
- On May 17, the Constitutional CourtConstitutional Court of UkraineThe Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine and decides whether laws and other legal acts are constitutional....
Chairman Ivan DombrovskyyIvan DombrovskyyIvan Petrovich Dombrovskyy is Judge of the Constitutional Court of Ukraine since August 4, 2006 and its Chairman since September 19, 2006. He was elected under the Congress of Judges' quota and is the oldest among the current judges of Constitutional Court...
resigned and Valeriy PshenychnyyValeriy PshenychnyyValeriy Hryhorovych Pshenychnyy was a President's quota-appointed Judge of the Constitutional Court of Ukraine from February 4, 2003 to May 16, 2007 and it's Chairman since May 17, 2007...
was appointed chairman in replacement.
- On May 23, The Constitutional Court of Ukraine acted to prevent the president's undue influence on the court system. The court's ruling was made after Viktor Yushchenko unduly sought to influence the court by illegally dismissing two Constitutional Court judges Valeriy PshenychnyyValeriy PshenychnyyValeriy Hryhorovych Pshenychnyy was a President's quota-appointed Judge of the Constitutional Court of Ukraine from February 4, 2003 to May 16, 2007 and it's Chairman since May 17, 2007...
and Syuzanna Stanik for allegations of "oath treason."
Pursuant to Article 149 of Ukraine's Constitution
Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity and to the grounds for dismissal from office envisaged by Article 126, and the requirements concerning incompatibility as determined in Article 127, paragraph two of Ukraine's Constitution
- On July 20 Susanna Stanik won an appeal against the President in the Shevchenko district court of Kiev. The Court ruled the President's actions illegal and reinstated Ms Stanik's entitlement as a member of Ukraine's Constitutional Court. According to the ruling, the President is obliged to cancel his decree on discharge of Mrs. Stanik." The other two judges who were also illegally dismissed had previously tendered their resignations and as such were not subject to the courts order.
Following the president's intervention the Constitutional Court still has not ruled on the question of legality of the president's actions.
Stepan Havrysh, the President's appointee to the Constitutional Court, in prejudgment of the court's decision and without authorization from the Court itself, commented in an interview published on July 24
Oleksandr Lavrynovych, Ukrainian Minister for Justice, in an interview published on August 3 is quoted as saying
- On March 25, 2008 Ukraine's Supreme Administrative Court ruled the President's dismissal of Suzanna Stanik as a Constitutional Court judge illegal. Ms Stanik's position has been reinstated. The decision is final and not subject to further appeal
Prosecutor General
Svyatoslav Piskun
Svyatoslav Mykhaylovych Piskun was the 3 times Prosecutor General of Ukraine in 2002-2003, 2005 and 2007 till President Viktor Yuschenko's dismissed Piskun on May 24, 2007. He is an important participant of several scandals, including the cases of Georgiy R...
, who was appointed by Yushchenko himself on April 26, after Piskun refused to resign his place in the Verkhovna Rada as was required by the Ukrainian law
Constitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
, so as to not hold two positions at the same time. Yushchenko cited Constitution Article 78 which states "Where there emerge circumstances infringing requirements concerning the incompatibility of the deputy’s mandate with other types of activity, the People’s Deputy of Ukraine shall within twenty days from the date of the emergence of such circumstances discontinue such activity or lodge a personal application for divesting of People’s Deputy authority" and Item 1 of Article 3 of Law № 2783-IV when issuing his decree on the dismissal of the Prosecutor General. The President appointed Viktor Shemchuk, the Prosecutor General of Crimea, as a replacement to Svyatoslav Piskun.
After Piskun's dismissal, thousands of protesters marched to his office in Kiev protesting his dismissal. Piskun, accompanied by several deputies from the Party of Regions
Party of Regions
The Party of Regions is an Ukrainian political party created on October 26, 1997 just prior to the 1998 Ukrainian parliamentary elections under the name of Party of Regional Revival of Ukraine. It was reformed later in 2001 when the party united with several others...
, tried to enter his office in Kiev, however, were prevented from doing so by the Members of the State Protection Department, with Valeriy Heletiy at their lead. Valeriy Heletiy and the deputies were later joined by the Communist Party
Communist Party of Ukraine
The Communist Party of Ukraine is a political party in Ukraine, currently led by Petro Symonenko.The party fights the Ukrainian national self-determination by identifying any Ukrainian national parties as the National-Fascist ones The Communist Party of Ukraine is a political party in Ukraine,...
leader Petro Symonenko
Petro Symonenko
Petro Mykolayovych Symonenko is a Ukrainian politician and the First Secretary of the Communist Party of Ukraine. Symonenko was the Communist Party's candidate in both the 1999 and 2004 presidential elections. During the Ukrainian presidential election, 2010 he was the candidate of the Election...
and supporters of the Party of Regions. The Minister of Internal Affairs of Ukraine
Ministry of Internal Affairs of Ukraine
The Ministry of Internal Affairs of Ukraine is the main body in the system of central bodies of exeecutive power that provides formation and realization of the state policy in the sphere of protection the rights and liberties of citizens, unlawful acts against the interest of society and state,...
, Vasyl Tsushko
Vasyl Tsushko
Vasyl Petrovych Tsushko is a Ukrainian politician former Minister of Internal Affairs of Ukraine, appointed on quote of the Communist Party, and former Minister of Internal Affairs of Ukraine....
, ordered Ukraine's Berkut
Berkut (Ukraine)
The "Berkut" is the system of special units of the Ukrainian militsiya within the Ministry of Internal Affairs and Ukraine's successor of the Soviet OMON. Currently it is considered to be part of the Militsiya of Public Security. Its full name is "Berkut" Separate Special Assignment Unit of...
riot police to surround the building, defying Yushchenko's order for the Ukrainian security services not to get involved in the political conflict. Tsushko responded to Yushchenko's dismissal of Piskun as a "coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
."
On May 25, Viktor Yushchenko ordered a decree, taking control over 40,000 interior ministry troops. Meanwhile, the troops were acting on orders of the Interior Minister of Ukraine Vasyl Tsushko, who was charged with abuse of office on May 25.
On May 26, thousands of Interior Ministry troops moved towards Ukraine's capital Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
on the President's orders. The troops were only lightly armed with riot gear and no lethal weapons. On their way to Kiev, the troops were stopped by Ukrainian Traffic Police. Deputy Interior Minister Mykhailo Kornienko stated that about 2,050 troops from 13 out of 25 of Ukrainian oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
s were deployed. According to the Vice Commander of the Interior Ministry troops Mykola Mishakin, about 3,480 troops were deployed near Kiev. Since their entrance into the capital was blocked by Berkut
Berkut (Ukraine)
The "Berkut" is the system of special units of the Ukrainian militsiya within the Ministry of Internal Affairs and Ukraine's successor of the Soviet OMON. Currently it is considered to be part of the Militsiya of Public Security. Its full name is "Berkut" Separate Special Assignment Unit of...
and the Government Automobile Inspection, the Interior Ministry troops would walk to Kiev. Mykola Mishakin stated:
After over seven hours of discussions, Yushchenko, Yanukovych, and the Verkhovna Rada Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
have come to an agreement by setting the date for new parliamentary elections
Ukrainian parliamentary election, 2007
Early parliamentary elections in Ukraine took place on 30 September 2007. The date of the election was determined following agreement between the President Viktor Yushchenko, the Prime Minister Viktor Yanukovych and the Chairman of the Verkhovna Rada Oleksandr Moroz on 27 May 2007, in an attempt...
on September 30, 2007.
After coming to a compromise on an election date, the Verkhovna Rada was given two days to accept the new elections and legally prepare for them. The Cabinet of Ministers of Ukraine
Cabinet of Ministers of Ukraine
The Cabinet of Ukraine is the highest body of state executive power in Ukraine also referred to as the Government of Ukraine...
adopted a bill that would allow funding for the early parliamentary elections, and the Rada approved the necessary laws on 1 June 2007. Yushchenko formally called the election on 5 June 2007, thus ending the political crisis.
External links
- BBC news — Ukraine leader calls early poll
- Council of Europe — resolution on Ukrainian Crisis
- Council of Europe — Explanatory memorandum
- Council of Europe — Venice Commission:Ukraine