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Friday, 21 November 2008
0025


By trying to change Constitution Tymoshenko and Yanukovych follow in Kuchma’s footsteps – expert Anatoly Romaniuk

September25200817:24

In their efforts to change the Constitution and clip Yushchenko’s powers, BYUT and the Party of Regions are guided by present-day realities. Ironically, the same arguments will be used to change the Constitution later to give more muscle to the future president. We’ve seen this movie before – in the days of Pres Leonid Kuchma, Lviv-based Center for Political Research director Anatoly Romaniuk told ZIK Sept. 25.

“Not only is Yushchenko stripped of his powers, but he is also discredited. It is inadmissible,” Romaniuk says.

He says the same kind of tactics was used in 1993-1994: “When Leonid Kuchma was premier he opted for a parliamentary republic in Ukraine. When he was elected president in 2004 he changed his mind and did everything to build up his authority,” Romaniuk notes.

In the expert’s opinion, any constitutional changes related to the presidential powers should have been carefully analyzed. Whereas the present changes have been ill-thought, with no required checks and balances mechanisms introduced. “Eventually, it may lead to a serious imbalance in Ukraine’s political system. Currently, lawmakers’ overriding motive in voting is that the bills will clip Yushchenko’s powers, with no thought for checks and balances needed. The only criterion is the interests of Ukraine’s political strongmen,” he concludes.

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  • 22:5925.09.08 UkrToday
    • The transition and constitutional change from a Presidential rule by decree to a Parliamentary 'rule of law' democracy should not be based on the incumbent or who is in power at the time,as falsely suggested in the article.
      The Parliamentary Assembly of the Council of Europe was correct in its assessment and recommendation dated April 17 2007 that Ukraine should consider adopting a full Preliminary model in line with other European States.
      There are many examples of successful Parliamentary models without Presidential power. The problem Ukraine faces today is that the incumbent has more often then not misused and abused his Presidential authority and has usurped power and authority where he has none. His dismissal of the Ukraine's democratically elected Parliament last year, his illegal interference in the independence of Ukraine's Constitutional Count and misuse of presidential right-of-veto are an abuse of power. As PACE indicated in its explanatory report ..The parliamentary–presidential system adopted by Ukraine has an in-built structural problem: "It can work smoothly only if the presidential and parliamentary powers represent the same political vision. Cohabitation works in the case of highly mature democracies, which is not the case in Ukraine. Largely because of this structural cohabitation dilemma, all established European democracies apart from France (Also Cyprus) have opted for the fully parliamentary form of governance."
      If Ukraine wishes to integrate into and become a member of Europe then it should look to Europe not the USA for its guidance.
      Yushchenko should be supporting and encouraging Ukraine to complete the transition from presidential rule to a true Parliamentary democracy. Instead of acting in Ukraine's best interest Yushchenko has divided and undermined Ukraine's democratic development. His actions have demonstrated further the need for urgent constitutional reform and the removal of power from the office of the President.
      This is not a new struggle, it has existed for centuries and Ukraine has strived to adopt European Parliamentary system of governance since independence. England under Oliver Cromwell and Russia pre 1917 revolution were similar struggles for democratic values.
      Ukraine's biggest mistake is that It did not adopted a full parliamentary system of governance, as other all other former Soviet States had done. It should not have listened to the United States and those that advocated retaining a Presidential system of rule by decree. The Presidential system has and continues to fail Ukraine.
      Ukraine MUST address this issue.It MUST adopt a full European Parliamentary model of governance with minimal powers retained by a head of state.
      There is safety in a proper parliamentary system. Safety in numbers. Ukraine MUST no longer be held hostage at the whim and wishes of a single individual. It must take collective responsibility for its future and governance.
      A Parliamentary system is the right step forward and the foundation of a true democratic state.
      http://ukrainetoday.blogspot.com/search/label/Electoral%20Reform
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