Political Crisis
The Constitutional Court of Ukraine 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 4 April, Ivan Dombrovskyy, the Chairman of the Constitutional Court, filed for resignation, stating that he is under pressure. However, the judges rejected it.
On 5 April, Yanukovych has announced that during telephone conversation asked the Austrian 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 6 April, 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 6 April 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 7 April, Feodosiya city court has canceled own order from 5 April 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 9 April, the Rada has passed a declaration, stating:
| “ | Via his entourage and the political circles he relies on, the President of Ukraine interferes with the activities of legislators, brings pressure on judges of Constitutional Court and other courts, since in the legal dimension he does not have any chance to defend his unconstitutional decree. | ” |
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 9 April, 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 10 April, a Luhansk municipal courts' ruling, dated 6 April, 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:
| “ | I have concluded the employment contract for fixed term, and the President’s decree leaves me and my colleagues without work. This is roughest violation of the labor laws. | ” |
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 12–13 April, 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 17 April, 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 27 April.
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 17 April 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.
Read more about this topic: 2007 Ukrainian Political Crisis
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