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Thursday, 20 November 2008
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VR passes first reading of bill imposing criminal liability for unlawful dissolution of parliament

September18200821:29

Sept. 18, the Ukrainian parliament passed the first reading of the bill imposing criminal liability for unlawful dissolution of the legislature. The law was supported by 349 lawmakers from Party of Regions, BYUT and Communists.

Under the law, “usurping state power by an early termination of Verkhovna Rada authority is against the Constitution and is punishable by between 7 and 12 years in prison,” The Ukrayinska Pravda reports.

“Protecting the Ukrainian constitution and preventing any illegal encroachments of it is a top priority. If an individual breaks traffic rules, he is brought to account. If an individual violates the land’s main law and does it knowingly, there must be a punishment for it,” one of the bill’s authors, Oleksandr Lavrynovych, said.

Meanwhile, lawmaker Ivan Zayets, NUNS, told the authors to mention it honestly in the text of the bill that it is aimed against Pres Yushchenko, not any abstract official. Another NUNS lawmaker, Roman Zvarych, threatened to come up with a hundred of amendments to the bill and said he will insist to vote on each amendment separately.

Lawmakers voted to fast-track preparations of the bill by the committee for a second reading.

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  • 23:2225.09.08 UkrToday
    • This is most certainly in line with Ukraine's Constitution. In April 2007 Viktor Yushchenko unconstitutionally dismissed Ukraine's democratically elected representative parliament. He then illegally and unconstitutionally interfered with the operation and independence of Ukraine's constitutional court in Oder to prevent the court from ruling against disderi.
      The actions of Yushchenko in 2007 were undemocratic, a misuse and abuse of power which did not exist. The president does not have absolute and sole discretion to usurp power from the State. The President's Authority to dismiss Ukraine's Parliament is limited by the provisions of Article 90 of Ukraine's constitution.
      Under Ukraine's Present Constitution the President is the only person who has absolute immunity. His unconstitutional acts are in self ground for his impeachment and justification for his removal from office.
      The legislation adopted is a step in the right direction as it seeks to strengthen Ukraine's Constitutional rule of law.
      Ukraine in any review of its constitution should seek to limit the misuse and abuse of presidential power by providing for the president to also face reflection in the event that the Parliament is dissolved without the consent of the the Parliament and or Constitutional Court in situations not specifically outlined in Ukraine's constitution.
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