ANALYSIS: Court ruling paves way for constitutional reform (03/28/04)

ANALYSIS

Court ruling paves way for constitutional reform

by Jan Maksymiuk
RFE/RL Belarus and Ukraine Report

The Constitutional Court of Ukraine ruled on March 18 that the constitutional reform bill that was preliminarily adopted on December 24, 2003, and amended on February 3 in the country's legislature does not contradict the Constitution of Ukraine, that is, specific articles that provide for a number of general restrictions on making constitutional amendments. The ruling paves the way for the final passage of the constitutional reform by the Verkhovna Rada, which would require at least 300 votes. If approved, the bill will shift the balance of power from the presidency to the prime minister and the Parliament, and prescribe a proportional, party-list system for parliamentary elections.

The Constitutional Court noted that the bill includes some inconsistencies in its text and does not fit well with the text of the current Constitution. However, the court added, these deficiencies do not restrict human rights or freedoms or mean that Ukraine's independence or territorial integrity will be violated. Therefore, the verdict concluded, ruling on the removal of these inconsistencies would exceed the court's competency.

Constitutional Court Judge Oleksander Myronenko, who communicated the verdict to the public, did not list all the inconsistencies included in the bill, but gave some examples. In particular, he said the bill stipulates that the legislature is elected for a five-year term under a fully proportional, party-list system in 2006. "But what will happen in 2011?" Judge Myronenko asked rhetorically. He said he expects that he and his colleagues will have to return to the bill after its possible final passage by the Verkhovna Rada, since any additional amendment introduced should be obligatorily examined by the Constitutional Court.

The Our Ukraine and Yulia Tymoshenko blocs filed a complaint against the bill with the Constitutional Court, arguing that it was illegally approved in a very controversial show-of-hands vote on December 24, 2003, and illegally amended during an emergency session on February 3. However, the court refused to heed the opposition's arguments.

"What happened in the Verkhovna Rada on December 24 and February 3, was an internal problem of the Verkhovna Rada," Judge Myronenko said. "The Constitutional Court will not interfere - either now or in the future - in the political battles that have taken place and will take place in the Verkhovna Rada." Judge Myronenko advised lawmakers to follow the parliamentary statutes in their activities.

Judge Myronenko said the court's verdict on the constitutional-reform bill was adopted by a vote of 13 to four.

Our Ukraine leader Viktor Yushchenko told journalists in Kyiv on March 18 that his bloc will resort to "all available means" - including "staging appropriate protests, taking people to the street, and blocking the parliamentary rostrum" - in order to prevent the final adoption of the constitutional-reform bill.

Lawmaker Oleksander Turchynov from the Tymoshenko Bloc announced the same day that his bloc will cooperate with Our Ukraine in staging "mass protest actions" during the upcoming parliamentary debate on the bill.

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