1. THE APPOINTMENT OF PRIMEMINISTER AND MINISTERS

In reading of Ukraine’s current constitution (According to the English version published by the Venice Commission http://www.venice.coe.int/docs/2006/CDL(2006)070-e.pdf) the authority and power to appoint the Prime-minister and other Ministers lies with the elected parliament and not the President (See extracts of constitution below)

2. THE DETERMINATION OF FOREIGN POLICY

Foreign Policy is determined by the Parliament not the President,. The President has the authority only in respect to administration of Foreign policy which is also shared by the Cabinet of Ministers.

The Foreign Minister is appointed by the parliament and has the responsibility of representing Ukraine’s foreign Policy which is determined by the Parliament

3. LAW ON CABINET OF MINISTERS

In what does the Law on the Cabinet of Ministers is in conflict with the constitution?

Ukraine is a Parliamentary democracy in pretty much governed the same way as all other European countries (with the exception of Cyprus which is a Presidential democracy)

The Law on the Cabinet is not that different to laws, regulations or conventions adopted and used by EU countries.

4. PRESIDENTIAL POWER “CHECKS AND BALANCES”

The President maintains two very powerful and often abused powers 1) the power of veto of Legislation passed in the Parliament and 2) the right to suspend acts of the executive Cabinet of Ministers that he deems to be un-constitutional;.

The recent agreement between Our Ukraine and Yulia Tymoschenko has significantly strengthened the power of the president as Parliament will no longer have the numbers to pass amendments to Ukraine’s constitution or override the presidents right of veto.

Ukraine could very much face a period of instability brought on by the destabilising actions of the president.

In many Western Parliamentary democracies the power of the president is curtailed and rarely used to stifle government policy or initiatives. Various laws, regulations and conventions all seek to govern and regulate the relationship between the office of the Head of State, The Parliament and the Executive Government. The Law on the Cabinet of Ministers is similar to other laws, regulations and conventions that currently exist in European nations

Myth will soon be seen to be fact.

The current assumption that the President’s powers have been usurped is not supported by fact.

Extract from the Constitution of Ukraine as published by the Venice Commission 25 May 2006

Article 114
The Prime Minister of Ukraine is appointed by the Verkhovna Rada of Ukraine upon the submission by the President of Ukraine.

Article 85

The authority of the Verkhovna Rada of Ukraine comprises:

(5) determining the principles of domestic and foreign policy;

(12) appointing to office – upon the submission by the President of Ukraine – the Prime Minister of Ukraine, the Minister of Defence of Ukraine, the Minister of Foreign Affairs of Ukraine; appointing to office – upon the submission by the Prime Minister of Ukraine – other members of the Cabinet of Ministers of Ukraine, the Chairperson of the Antimonopoly Committee of Ukraine, the Head of the State Committee on Television and Radio Broadcasting of Ukraine, and the Head of the State Property Fund of Ukraine; dismissing from office the officials mentioned above; deciding on the resignation of the Prime Minister of Ukraine and of members of the Cabinet of Ministers of Ukraine;

(13) exercising control over activities of the Cabinet of Ministers of Ukraine, in accordance with this Constitution and law;

Article 106
The President of Ukraine:

(9) puts forward, upon the proposal by the parliamentary coalition formed in the Verkhovna Rada of Ukraine as provided for by Article 83 of the Constitution of Ukraine, the submission on the appointment by the Verkhovna Rada of Ukraine of the Prime Minister of Ukraine, no later than fifteen days after the receipt of such a proposal;

(10) puts forward to the Verkhovna Rada of Ukraine the submission on the appointment of the Minister of Defence of Ukraine and the Minister of Foreign Affairs of Ukraine;
(15) suspends the operation of acts by the Cabinet of Ministers of Ukraine on grounds of their inconsistency with this Constitution and challenges concurrently the constitutionality of such acts before the Constitutional Court of Ukraine;

It seems change is still in the wind in Ukraine, which I know is not something that many Ukrainians relish, but hopefully the resultant system will balance well change and stability.
dlw

Will Lutsenko’s March on Kyiv generate enough attendance to chase away Kuchma’s retirement blues, evoking adrenaline-rich memories of 3/9/2001? Will Proffessor call in sick?

Unless we Ukrainians are willing to bend over and take it, we’re gonna have to take another bite at it. There’s work we have to finish.