Kuchma seeks constitutional amendments (06/29/03)

Kuchma seeks constitutional amendments

by Maryna Makhnonos
Special to The Ukrainian Weekly

KYIV - About a week before Ukrainians marked Constitution Day, President Leonid Kuchma announced on June 19 his proposals to amend the supreme law and give more authority to the Parliament. Opposition lawmakers, however, understood the address as an attempt to prolong the incumbent's rule.

Speaking in a televised address to the nation, Mr. Kuchma officially rejected his previous ideas to turn the 450-seat Verkhovna Rada into a two-chamber legislature, reduce the number of national deputies and to have the draft law approved in a national referendum.

"Exactly those three clashing points have prompted the debate between the president and his opponents," Mr. Kuchma said, according to the Uriadovyi Kurier, the government newspaper that published his official address.

Demonstrating his intention to share power with the legislative branch, the president proposed that the Parliament appoint the prime minister from a list of candidates offered by the president. The president would then decide whom to propose from among nominees suggested by the parliamentary majority.

Mr. Kuchma suggested that the Verkhovna Rada also form the Cabinet, but appointments of foreign, defense and internal affairs ministers would remain under presidential control. In addition, the president would retain the right to appoint top law-enforcement chiefs in the customs, national security, border control and tax administration services, according to his bill on constitutional amendments.

The address prompted some criticism by opposition lawmakers, who lashed out at Mr. Kuchma's other political reform proposals, including a president's right to dismiss the Parliament if it fails to form a stable majority within a month of its election, if it fails to form a Cabinet within two months after the previous one is dismissed and if it fails to adopts a budget before December 1 of each year.

Another point of Mr. Kuchma's speech that drew critical remarks was his proposal to simultaneously conduct presidential and parliamentary elections once every five years.

"It's absolutely enough. There is no need to overload Ukrainian and international political experts with work," the president commented. He added that it's up to the Parliament to decide when the simultaneous elections should start.

According to current law, the president is elected every five years, while Parliament is elected every four years, but between presidential elections. Mr. Kuchma is serving his second five-year term, which ends in 2004. According to the Constitution, he has no right to a third term. The next parliamentary elections are scheduled for 2006.

Socialist Party leader Oleksander Moroz said Mr. Kuchma's proposal for new elections most probably is in the president's self-interest as it includes a mechanism for the prolongation of his term," according to the Interfax news agency.

Mr. Moroz also criticized the term "parliamentary majority," which the president stated must exist for the Parliament to remain.

"It's an innovation that is unknown to the world," Mr. Moroz was quoted by Interfax as saying at his news conference on June 20, the day the presidential draft bill went to Parliament.

Political expert Volodymyr Malynkovych noted some legal inconsistencies in Mr. Kuchma's proposals concerning one-time elections and the president's right to dismiss the Parliament.

"It appears that a president will have to dismiss the Parliament if it fails to appoint a prime minister just a month after the parliamentary elections," Mr. Malynkovych said, according to Interfax.

He also criticized Mr. Kuchma for trying to give too much authority to the presidential branch in economic issues. Mr. Malynkovych said the president should focus on the nation's security and leave appointments of top tax administrator and customs chief to the Parliament.

The expert added that a joint version of the presidential draft bill and another one developed in Parliament might be a solution.

Meanwhile, Parliament chairman Volodymyr Lytvyn said it would be "too difficult" to form a joint bill. He assessed the presidential address as a "step towards political power centered in the Parliament in accordance with the spirit found in Ukrainian society," according to Interfax.

In contrast to Mr. Moroz's skepticism about the president's honest desire to share authority, the speaker expressed optimision saying that the scale of future parliamentary power depends much on the present actions of the law makers.

Opposition lawmakers are demanding that the Constitutional Court assess Mr. Kuchma's draft bill on constitutional reform to check whether the proposals are within constitutional norms. Mr. Moroz expressed doubt that the Verkhovna Rada would be able to make amendments to the Constitution before the end of its session on July 10. The Parliament will most likely continue to discuss the issue during its fall session, he said.

| Home Page |