Constitutional Court says bill for parliamentary election of president is acceptable (11/16/03)

Constitutional Court says bill for parliamentary election of president is acceptable

by Roman Woronowycz
Kyiv Press Bureau

KYIV - Ukraine's Constitutional Court ruled on November 12 that a political reform bill supported by President Leonid Kuchma, which transfers the right to elect the country's leader to the Parliament, is constitutionally acceptable.

By supporting the legality of the proposed changes to Ukraine's basic law, the court opened the way for possible major changes in Ukraine's system of government.

With 11 of the 18 judges in agreement and only five dissenting, the constitutional Court stated that a president elected by the legislative branch does not deny the people the right to choose their state leader."A change in the process of the formation of state organs is not a violation of the rights of citizens," explained Judge Pavlo Yevhrafov.

However, the court also ruled that if such a change is eventually accepted by a constitutional majority of the Verkhovna Rada - 300 votes - it could become effective only after a new Parliament is elected in 2006.

The draft law the court addressed would have presidential elections take place again in 2006, which would effectively give the person elected president in October 31, 2004, an abridged two-year term. Currently the Ukrainian president is elected for a five-year term.

National Deputy Yurii Kliuchkovskyi, a member of the Our Ukraine faction in the Verkhovna Rada, which is opposed to the constitutional changes, said the court's finding, inexplicably did not address the fact that nowhere in the bill is the need to amend Article 71 of the current Constitution of Ukraine mentioned. Article 71 declares that the president must be elected directly by the people. Mr. Kliuchkovskyi said that the article falls into a special group of "indivisible" articles that require a more complex amendment process.

"This oversight is difficult to reconcile from a legal point of view," stated Mr. Kliuchkovskyi, adding that, though he would not want to imply that the judges felt political pressure from the pro-presidential forces in making their ruling, it was a "politically expedient" decision.

The draft bill, the result of an initiative by President Kuchma in August 2002 to transform Ukraine from a strong presidential system to a parliamentary system with a weak president, is the latest of several versions that pro-presidential and opposition forces have battled over. An earlier bill was killed by the successful efforts of a united opposition force. The current bill was developed during the summer recess in consultation with opposition members from the Communist Party and the Socialist Party, who have thrown in their support for it.

It was sent to the Constitutional Court for review after 232 lawmakers signed a petition backing the proposed changes to the Constitution, even though conventional legislative procedure requires that national deputies first approve an initial reading by a simple majority. Since the draft bill went to Ukraine's highest court in early autumn, 60 more lawmakers have signed on in support of the initiative, bringing the total to 293 lawmakers - just seven votes shy of the number needed to amend the Constitution.

If approved, the Verkhovna Rada - which would continue to be elected by popular vote - would decide on a new president by a simple majority in an open vote. The president would then, ostensibly, be a member of the parliamentary majority, which would help to eliminate the widespread and paralyzing dissension and bickering that for years has plagued the legislative process in the Verkhovna Rada.

The bill would also give a parliamentary majority the right to form a government and appoint a prime minister. However, the proposal also stipulates that, should the legislature fail to do this, the sitting president could dismiss the body and call for new elections

Proponents maintain that this new system would bring Ukraine's political system into line with European ones. Detractors explain that it is a simple ploy by Mr. Kuchma and his supporters to ensure that they retain the top leadership post in the country. Currently the pro-presidential forces control the majority in the Ukrainian Parliament.

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