411 REFERENCE · Wikipedia
2007 Ukrainian political crisis
Reference material by Wikipedia contributors. This retains its source identity and is not 411 news reporting.
2007 political crisis in Ukraine
September 2020
A political crisis in Ukraine occurred between April to June 2007, due to political stand off between coalition and opposition factions of Ukraine's parliament, the Verkhovna Rada, that led to the unscheduled 2007 Ukrainian parliamentary election. It started on 2 April 2007 as a culmination of long lasting crisis and degradation of the parliamentary coalition when the president of Ukraine (Viktor Yushchenko) attempted to dissolve the parliament.
The president signed a presidential decree based on several articles of the Constitution of Ukraine ordering early parliamentary elections in Ukraine to be held on 27 May 2007,http://www.minjust.gov.ua/files/THE_DECREE_OF_THE_PRESIDENT_OF_UKRAINE.rtf The Decree of the President of Ukraine on the Pre-Term Abatement of Authorities of Verkhovna Rada of Ukraine 2 April 2007 11 April 2007 https://web.archive.org/web/20070927225937/http://www.minjust.gov.ua/files/THE_DECREE_OF_THE_PRESIDENT_OF_UKRAINE.rtf 27 September 2007 dead though they were later postponed to 24 June 2007.https://news.bbc.co.uk/2/hi/europe/6594037.stm BBC News Ukrainian president delays poll 26 April 2007 22 April 2010 https://web.archive.org/web/20100420233944/http://news.bbc.co.uk/2/hi/europe/6594037.stm 20 April 2010 live He also ordered the government of Ukraine to finance the appointed elections. The Parliament and the government of Yanukovych called this decree unconstitutional and prevented fund allocation for elections. The Constitutional Court was expected to conclude its public hearing on Wednesday, 25 April 2007, following the presentation of the Government and Parliament's submission. The Court would then retire to consider their ruling.http://www.itar-tass.com/eng/level2.html?NewsID=11457245&PageNum=0 Ukraine's CC to complete questioning on early elections in 2 days ITAR-TASS 21 April 2007 21 April 2007
Viktor Yushchenko suspended the decree and postponed date of the election in order to have approved legislation on elections, the opposition, and the operation of Parliament.http://www.itar-tass.com/eng/level2.html?NewsID=11444273 Yushchenko doesn't rule out postponement of elections 18 April 2007 ITAR TASS 21 April 2007
Dismissal of parliament and new elections
2007 Ukrainian parliamentary election
Leading up to the dissolution of parliament was the eight-month power struggle between the president and the parliament.http://www.president.gov.ua/en/news/data/1_14702.html President dissolves parliament Press office of President Victor Yushchenko 2 April 2007 3 April 2007 https://web.archive.org/web/20070901163210/http://www.president.gov.ua/en/news/data/1_14702.html 1 September 2007 dead Ongoing power struggles between the Coalition of National Unity and the opposition supported by the president Viktor Yushchenko frequently resulted in the opposition boycotting the parliament's plenary sessions.
Prior to the President's 2 April decree dismissing Ukraine's Parliament, 11 members of the opposition supported the governing Coalition of National Unity (formerly the Anti-Crisis Coalition). The President of Ukraine, Viktor Yushchenko, claimed that the right of individual members of a parliamentary faction to support the governing coalition was contrary to the provisions of Ukraine's Constitution.
Article 83 clause six, in what is commonly referred to as the Imperative mandate stated "According to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Verkhovna Rada of Ukraine to include a majority of People's Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine".https://www.ft.com/content/11cb086c-e249-11db-af9e-000b5df10621 Ukraine's crisis needs a firm response Financial Times Viktor Yushchenko Viktor Yushchenko 4 April 2007 4 April 2007 https://web.archive.org/web/20070506105213/http://www.ft.com/cms/s/11cb086c-e249-11db-af9e-000b5df10621.html 6 May 2007 live
The "Imperative mandate" provision of Ukraine's Constitution came under strong criticism by the Parliamentary Assembly of the Council of Europe as being undemocratic.http://assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc07/EDOC11255.htm Functioning of democratic institutions in Ukraine 17 April 2007 21 April 2007 dead https://web.archive.org/web/20070705000656/http://assembly.coe.int/Main.asp?link=%2FDocuments%2FWorkingDocs%2FDoc07%2FEDOC11255.htm 5 July 2007 The Parliamentary Assembly in its Explanatory memorandum dated 17 April 2007 had emphasizedFebruary 2018
Although Ukraine understandably has its own historic reasons to avoid the accumulation of power into the hands of one political force, it should nevertheless consider in the course of future constitutional amendments whether it would not be better for the country to switch to a full parliamentary system with proper checks and balances and guarantees of parliamentary opposition and competition. Parliamentary Assembly of the Council of Europe 2007
The week before the president's initial decree, on 2 April, dismissing Ukraine's Parliament, thousands of supporters of the opposition gathered in Kyiv, calling on the President dissolve the parliament. A similar number of supporters of Verkhovna Rada Governing majority also gathered in Kyiv supporting Ukraine's parliament.https://news.bbc.co.uk/2/hi/europe/6512941.stm Ukrainian rivals rally in capital 1 April 2007 bbc.co.uk 3 April 2007 https://web.archive.org/web/20070416123619/http://news.bbc.co.uk/2/hi/europe/6512941.stm 16 April 2007 live
On 2 April, the President, Viktor Yushchenko, following a meeting with Prime Minister Viktor Yanukovych and Speaker of the Parliament Oleksandr Moroz, signed the first decree dismissing Ukraine's Parliament sparking another political and constitutional crisis in Ukraine.
At 11 PM the President, in a televised speech to the nation, announced his decree dismissing the parliament and ordering early parliamentary elections to be initially held on 27 May.https://www.youtube.com/watch?v=E3dwglMctT0 https://ghostarchive.org/varchive/youtube/20211215/E3dwglMctT0 2021-12-15 live Yushchenko announces his dismissal of the Verkhovna Rada YouTube 5 Kanal 2 April 2007 uk 26 May 2007 The Rada, passed a motion declaring the decree unconstitutional, in defiance of the president's decree continued to function,http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=837-16 On prevention of actions that threaten constitutional law and order, civilian calmness and stability in Ukraine Order of Verkhovna Rada 2 April 2007 uk 5 April 2007 issued orders preventing funds allocation for elections,http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=839-16 About political situation in Ukraine, related to order or President from 2 April 2007 Order of Verkhovna Rada 2 April 2007 uk 5 April 2007 and canceled the order assigning election commission members.http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=844-16 Cancel order of Verkhovna Rada about assignment of Central Election Commission members Order of Verkhovna Rada 2 April 2007 uk 5 April 2007 The cabinet, supporting the parliament, refused to allocate funds for the new election.http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=595-2007-%EF About immediate actions on implementation of Verkhovna Rada order N 837-V Order of Cabinet of Ministers 3 April 2007 uk 5 April 2007
On 3 April 2007, in light of impending political unrest, the United Nations Resident Coordinator, Francis Martin O'Donnell following an earlier call to deepen democracy and liberalize the economy,http://www.un.org.ua/en/information-centre/news/352-2007-03-21 Deepen Democracy and Liberalise Economy, says UN - United Nations in Ukraine 1 December 2010 27 July 2011 https://web.archive.org/web/20110727191620/http://www.un.org.ua/en/information-centre/news/352-2007-03-21 dead exceptionally issued an advisory statement of principles on behalf of the Country Teamhttp://www.un.org.ua/files/unct_ukraine_statement_en.pdf Archived copy www.un.org.ua 13 January 2022 https://web.archive.org/web/20110727191528/http://www.un.org.ua/files/unct_ukraine_statement_en.pdf 27 July 2011 dead (followed by a visit by former Estonian President Arnold Rüütel on 23 April).http://www.un.org.ua/en/information-centre/news/364-2007-04-24 Former President Arnold Ruutel of Estonia Visits Kyiv, Meets UN System Representatives in UN House - United Nations in Ukraine 1 December 2010 27 July 2011 https://web.archive.org/web/20110727191551/http://www.un.org.ua/en/information-centre/news/364-2007-04-24 dead
The legality and authority of the President's determination to dismiss Ukraine's previous parliament became the subject of a challenge in Ukraine's Constitutional Court.
On 30 April 2007, on the eve of the Court's ruling on the legality of the President's decrees, Viktor Yushcheko intervened in the operation and independence of Ukraine's Constitutional Court by dismissing three Constitutional Court judges. The President's actions were later determined by Ukrainian courts to have been illegal and one of the judges dismissed has been reinstated; the other two judges resigned. Following the President's intervention the Constitutional Court has not ruled on the legality of the previous parliament's dismissal.
thumb|Meeting of Verkhovna Rada on 11 April 2007: the empty seats to the left are allocated for the Opposition.
In a separate issue, some politicians have claimed that identification cards for voting changed hands,http://www.unian.net/rus/news/news-189312.html Verhovna Rada become a bourse? UNIAN 27 March 2007 ru 6 April 2007 as many deputies do not attend parliament in violation of Article 84 of the Constitution.http://www.pravda.com.ua/ru/news/2006/10/27/48627.htm Akhmetov. "Ukrainian Berluskoni", which does not present Victor Chuvokunya Ukrayinska Pravda 27 October 2006 ru 6 April 2007 30 September 2007 https://web.archive.org/web/20070930221228/http://www.pravda.com.ua/ru/news/2006/10/27/48627.htm dead Story on how Akhmetov card was voting.
The Central Election Commission has estimated direct costs of the elections to be at about 340 million UAH ($67 million, £34 million).http://5tv.com.ua/newsline/266/0/39255/ On unscheduled elections needed 340 millions hryvnias.- Y. Davydovych Kanal 5 3 April 2007 uk 6 April 2007 https://web.archive.org/web/20070410125335/http://5tv.com.ua/newsline/266/0/39255/ 10 April 2007 dead Official rate UAH/USD = 5.05http://www.president.gov.ua/documents/5980.html On social-political situation and immediate actions on securing constitutional rights of Ukraine citizens Decision of Council of National Security and Defense of Ukraine 6 April 2007 uk 6 April 2007 https://web.archive.org/web/20070410035044/http://www.president.gov.ua/documents/5980.html 10 April 2007 dead Yulia Tymoshenko, leader of the parliamentary opposition, commented on the issue of costs:http://www.latimes.com/news/nationworld/world/la-fg-ukraine4apr04,1,5329442.story?coll=la-headlines-world Ukraine president presses early election, warns against violence David Holley Sergei L. Loiko 4 April 2007 Los Angeles Times 4 April 2007
If the mafia is allowed to continue ruling the country, Ukraine will lose tens of billions of dollars, because Ukraine is being robbed today. Yulia Tymoshenko
Political crisis
In April 2007 the Constitutional Court of Ukraine started examining an inquiry submitted by a group of 53 members of parliament who question the constitutional legitimacy of the parliament's dissolution. This inquiry is based on interpretation that the President had no authority under Ukraine's constitution to dissolve parliament under the conditions listed in Article 90http://www.unhcr.org/home/RSDLEGAL/44a280124.pdf Constitution of Ukraine (with 2004 amendments) UNHCR 8 December 2004 27–28 6 April 2007 Unofficial translation. of the Constitution of Ukraine. which is the only article in Ukraine's Constitution that empowers the President to dismiss Ukraine's Parliament.http://www.minjust.gov.ua/0/9214 Results of legal expertise of President order N 264 from 2 April 2007 Oleksandr Lavrynovych Ministry of Justice of Ukraine uk 6 April 2007 https://web.archive.org/web/20070427200213/http://www.minjust.gov.ua/0/9214 27 April 2007 dead Instead, the decree mentions Articles 5, 69, 77, 83, 102, and 106.
On 4 April, Ivan Dombrovskyy, the Chairman of the Constitutional Court, filed for resignation, stating that he is under pressure. However, the judges rejected it.
On 5 April, Yanukovych has announced that during telephone conversation asked the Austrian Chancellor Alfred Gusenbauer to mediate in the dispute.https://news.bbc.co.uk/2/hi/europe/6529851.stm Ukraine PM asks Austria to help BBC News 5 April 2007 6 April 2007 https://web.archive.org/web/20070426235017/http://news.bbc.co.uk/2/hi/europe/6529851.stm 26 April 2007 live There was no immediate response from Gusenbauer's office, and Austrian diplomats were surprised by the news about his help request.https://news.yahoo.com/s/afp/20070406/wl_afp/ukrainepolitics Rival Ukraine leaders hold crisis talks as deadlock persists Olga Nedbayeva Yahoo News 6 April 2007 8 April 2007
On 6 April, the Alliance of National Unity tried to compromise by dismissing the individuals from opposition fractions who had joined them and ratifying a parliamentary law banning individual membership in coalitions.http://news.xinhuanet.com/english/2007-04/07/content_5945535.htm https://web.archive.org/web/20070716064921/http://news.xinhuanet.com/english/2007-04/07/content_5945535.htm dead 16 July 2007 Ukrainian parliament makes compromise with president 7 April 2007 Xinhua 8 April 2007
Four members of Central Election Commission - Yuriy Donchenko, Ihor Kachur, Bronislav Raykovskyy, and Oleksandr Chupakhin (reportedly affiliated with the Anti-Crisis Coalition) took sickness leave - thus effectively blocked work of commission as there is no quorum.http://www.kommersant.ua/doc.html?docId=757551 Listing clocks 10 April 2007 Sirman Vycheslav Naiem Mustafa Kommersant-Ukraine 10 April 2007 27 September 2007 https://web.archive.org/web/20070927193017/http://www.kommersant.ua/doc.html?docId=757551 dead
As of 6 April in Constitutional Court, there are constitutional legitimacy questions from the President on an order of the Cabinet Ministers supporting the Verkhovna Rada (Ukraine's parliament) and from 102 deputies on changes done to constitution in 2004.http://www.ccu.gov.ua/pls/wccu/p004?lang=0&rej=0&pf6031=134 Status of 72 questions asked Official Constitutional Court of Ukraine website 6 April 2007 DOC uk 6 April 2007 https://web.archive.org/web/20070717074854/http://www.ccu.gov.ua/pls/wccu/p004?lang=0&rej=0&pf6031=134 17 July 2007 dead
On 7 April, Feodosiya city court has canceled own order from 5 April that originally disallowed to start elections.http://www.byut.com.ua/ukr/news-3430 Feodosiya city court cancel own decision from April 5. Documents copy BYuT website 7 April 2007 uk 8 April 2007 https://web.archive.org/web/20070410122822/http://byut.com.ua/ukr/news-3430 10 April 2007 dead dmy Vladimir Kolesnichenko, a spokesperson for the Party of Regions stated that this court ruling is a fake and that the elections are still banned.http://www.itar-tass.com/eng/level2.html?NewsID=11412955 Ukraine's Regions Party says Feodossia court ruling a fake 7 April 2007 ITAR TASS 10 April 2007
On 9 April, the Ukrainian parliament passed a declaration, stating:http://portal.rada.gov.ua/control/uk/publish/article/news_left?art_id=91250&cat_id=37486 To the Heads of States, Governments and Parliaments of the European countries, Guarantor-States of the security of Ukraine, inter-State and inter-Parliamentary organizations Verkhovna Rada official website 9 April 2007 10 April 2007
Via his entourage and the political circles he relies on, the President of Ukraine interferes with the activities of legislators, brings pressure on judges of Constitutional Court and other courts, since in the legal dimension he does not have any chance to defend his unconstitutional decree. 2007 Verkhovna Rada declaration
Furthermore, parliament called upon the heads of European states, governments, and parliaments to send its representatives to mediate the political crisis.
Ukraine's parliament on 9 April, raising the stakes in the country's ongoing political confrontation, statedhttp://www.iht.com/articles/ap/2007/04/09/europe/EU-POL-Ukraine-Politics.php parliament calls for early presidential elections 9 April 2007 IHT 22 April 2007 that it would only support early parliamentary elections if a presidential vote would be held at the same time.
On 10 April, a Luhansk municipal courts' ruling, dated 6 April, banning all preparations for the election was publicly announced. The ruling was a response to an inquiry, submitted by Vladimir Ivanov, a Party of Regions member of parliament. Reportedly, this ruling was canceled.http://www.unian.net/rus/news/news-191312.html Lugansk court follow Feodosiya footsteps UNIAN ru 10 April 2007 10 April 2007 Ivanov has attempted to use labor laws in order to keep his deputy mandate:http://ll-media.info/cgi-bin/viewnws.cgi?nws=200704101305 Lugansk court was using labor law in order to ban election 10 April 2007 Parallel-Media ru 10 April 2007 https://web.archive.org/web/20071006122805/http://ll-media.info/cgi-bin/viewnws.cgi?nws=200704101305 6 October 2007 usurped
I have concluded the employment contract for fixed term, and the President’s decree leaves me and my colleagues without work. This is roughest violation of the labor laws. Vladimir Ivanov
Five Constitutional Court judges (Dmytro Lelak, Volodymyr Kampo, Viktor Shyshkin, Petro Stetsyuk, Yaroslava Machuzhak), three of whom were appointed under the presidential quota, refused to participate in review of president order unless they will be given protection by law enforcement. They noted that "certain political forces, acting through their representatives, publicly apply rude pressure on the individual judges and on the Constitutional Court as a whole."http://www.unian.net/eng/news/news-191396.html Five Constitutional Court judges refuse to take part in considering President's decree UNIAN 10 April 2007 10 April 2007
On 12–13 April, both Yanukovych and Yushchenko agreed to abide by the Court's ruling, regardless of its verdict.http://www.itar-tass.com/eng/level2.html?NewsID=11427406&PageNum=0 Yushchenko to agree to any Constitutional Court ruling ITAR TASS 12 April 2007 17 April 2007 http://www.itar-tass.com/eng/level2.html?NewsID=11429833&PageNum=0 Yanukovich ready for any constitutional court judgment ITAR TASS 13 April 2007 17 April 2007 Furthermore, Yanukovych stated he might agree to parliamentary elections, if the other parties would also agree to participate, even if the Court rules in favor of the Rada.http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=143410&version=1&template_id=39&parent_id=21 Ukraine premier signals readiness for early polls 13 May 2007 Gulf Times 13 April 2007 https://web.archive.org/web/20070930201202/http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=143410&version=1&template_id=39&parent_id=21 30 September 2007 dead
On 17 April, Ukraine's Constitutional Court, with all 18 judges in attendance, decided to study the appeal against the President's decree non-stop until a final ruling is passed. 11 out of 18 Judges passed this decision.
Ukrainian opposition leader Yulia Tymoshenko described a Constitutional Court decision to review the President's decree dissolving parliament as "a farce," and urged the president to recall the judges appointed on his quota.April 2023
The Court has yet to make its decision on the appeal, and was scheduled to announce it on 27 April.April 2023
thumb|Tent camp of Alliance of National Unity supporters near the building of the government.
Ukrainian Prime Minister Viktor Yanukovych address Council of Europe Parliamentary Assembly stating that the coalition of the majority in Ukraine biggest concern is not that of elections, but the choice between whether Ukraine will be a state ruled by law and all of the emerging problems will be resolved in courts, or on the streets.http://www.itar-tass.com/eng/level2.html?NewsID=11443333&PageNum=0 In Ukraine there no real grounds for a political crisis or early elections ITAR-TASS 17 April 2007 22 April 2007
Although 17 April was the deadline under established law to submit documents to the Central Election Commission of Ukraine for the registration of party lists, no political force had done so.
Parliamentary Assembly of the Council of Europe
On 19 April, the Parliamentary Assembly of the Council of Europe held an emergency session to consider issues related to Ukraine's current political crisis. The Assembly passed a resolution calling on all parties to disputation to respect the decision of Ukraine's Constitutional Court whilst criticizing Ukraine's Constitution Imperative mandate provisions.http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1549.htm Functioning of democratic institutions in Ukraine -Resolution 1549 (2007) Council of Europe 19 April 2007 20 April 2007 dead https://web.archive.org/web/20071116103456/http://assembly.coe.int/Mainf.asp?link=%2FDocuments%2FAdoptedText%2Fta07%2FERES1549.htm 16 November 2007http://assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc07/EDOC11255.htm Functioning of democratic institutions in Ukraine(Doc 11255) Council of Europe 19 April 2007 21 April 2007 dead https://web.archive.org/web/20070705000656/http://assembly.coe.int/Main.asp?link=%2FDocuments%2FWorkingDocs%2FDoc07%2FEDOC11255.htm 5 July 2007
Parliamentary Assembly rapporteurs on Ukraine - Hanne Severinsen and Renate Wohlwend commented:http://www.coe.int/t/dc/files/pa_session/april_2007/20070419_news_ukraine_en.asp All sides should accept the ruling of Ukraine's Constitutional Court, says Parliamentary Assembly Council of Europe 19 April 2007 24 May 2007
The ruling of Ukraine’s Constitutional Court in the current crisis, if delivered, should be accepted as binding by all sides, the Parliamentary Assembly said in a resolution adopted on 19 April at the end of an urgent debate attended by Ukraine’s Parliamentary Speaker Oleksandr Moroz. However, the Assembly also warned that pressure in any form on the judges of the Court was intolerable, and should be investigated and criminally prosecuted. Hanne Severinsen and Renate Wohlwend
The "imperative mandate" provision of Ukraine's Constitution came under strong criticism by the Parliamentary Assembly of the Council of Europe as being undemocratic. The Parliamentary Assembly in its Explanatory memorandum had emphasizedFebruary 2018
Although Ukraine understandably has its own historic reasons to avoid the accumulation of power into the hands of one political force, it should nevertheless consider in the course of future constitutional amendments whether it would not be better for the country to switch to a full parliamentary system with proper checks and balances and guarantees of parliamentary opposition and competition. Parliamentary Assembly of the Council of Europe
Opposition Members First Resignations
On 20 April, leaders of Bloc Yulia Tymoshenko and Bloc Our Ukraine declared that about 150 deputy members of Our Ukraine and Bloc Yulia Tymoshenko had resigned from Ukraine's parliament, as result it claimed that the parliament will be no longer was able to operate constitutionally per Article 82.http://jamestown.org/edm/article.php?article_id=2372110 Our Ukraine and Viktor Yushchenko revive their fortunes Taras Kuzio 19 April 2007 Jamestown Foundation 21 April 2007 https://web.archive.org/web/20070915164643/http://www.jamestown.org/edm/article.php?article_id=2372110 15 September 2007 dead Their resignations had been submitted to Viktor Yushchenko, then Ukraine's president, who accepted their resignation.http://www.en.for-ua.com/news/2007/04/20/164131.html Yushchenko approved opposition people's deputies resignation 20 April 2007 for-ua 22 April 2007 https://web.archive.org/web/20070427083800/http://en.for-ua.com/news/2007/04/20/164131.html 27 April 2007 dead
Dmytro Vydrin from the Bloc of Yulia Tymoshenko (BYuT), declared that he had not written an application on abdication, as nobody had not made this request. According to him, "there are three reasons" why he did not give his mandate, reports Delo. "At first, nobody addressed to me with my proposal. Nobody phoned me and told me to write down this application. So how could I write it?" declared the deputy.http://mignews.com.ua/en/articles/251776.html Conflict in BYT! Tymoshenko is to Make Choice MigNews 20 April 2007 20 April 2007 https://web.archive.org/web/20071109055641/http://mignews.com.ua/en/articles/251776.html 9 November 2007 deadhttp://www.zik.com.ua/index.php?news_id=80546 The lady told the servants to hand in their mandates. I am also an obedient, albeit truthful slave Dmitry Vydrin 18 April 2007 uk 21 April 2007 https://web.archive.org/web/20070928004520/http://www.zik.com.ua/index.php?news_id=80546 28 September 2007 dead
Aleksander Kwaśniewski, Poland's former President, believed that Ukraine must find a political compromise and solution to the political crisis facing Ukraine. When asked who is to blame he responded:http://weekly.com.ua/?rub=news&from=0&page=0&ncode=1177089585#open_news Kwasniewski unveils Yushchenko's proposal to Yanukovych Kyiv Weekly 20 April 2007 23 April 2007 29 September 2007 https://web.archive.org/web/20070929021351/http://weekly.com.ua/?rub=news&from=0&page=0&ncode=1177089585#open_news dead
Unfortunately, the time after the Orange Revolution was wasted away. President Yushchenko, [the former] Prime Minister Yulia Tymoshenko, advisers like Petro Poroshenko are all to blame. They should have helped building a strong orange bloc, for the sake of modernization and Westernization of Ukraine. Aleksander Kwaśniewski
On 25 April, Viktor Yushchenko announced that he has rescheduled the early parliamentary elections to 24 June.http://www.abc.net.au/news/newsitems/200704/s1906630.htm Ukraine delays parliamentary poll ABC News Online 26 April 2007 26 April 2007 https://web.archive.org/web/20070528052737/http://www.abc.net.au/news/newsitems/200704/s1906630.htm 28 May 2007 dead On 30 April, the Ukrainian parliament passed a motion calling for presidential and parliamentary elections to be held on 9 December 2007.http://news.monstersandcritics.com/europe/news/article_1298293.php/Ukraine_parliament_sets_own_election_date_Yushchenko_stands_firm Ukraine parliament sets own election date, Yushchenko stands firm Monsters and Critics 30 April 2007 30 April 2007 https://web.archive.org/web/20070929131335/http://news.monstersandcritics.com/europe/news/article_1298293.php/Ukraine_parliament_sets_own_election_date_Yushchenko_stands_firm 29 September 2007 dead After negotiations on 4 May, Yanukovych and Yushchenko finally agreed to hold elections in autumn (without specifying a date).https://news.bbc.co.uk/1/hi/world/europe/6624737.stm Ukraine rivals agree early poll BBC News 4 May 2007 4 May 2007 https://web.archive.org/web/20070513133231/http://news.bbc.co.uk/2/hi/europe/6624737.stm 13 May 2007 live
Dismissal of Constitutional Court judges and Prosecutor General
Constitutional Court
The authority of the President to dismiss Ukraine's parliament was challenged in Ukraine's Constitutional Court amidst concern that the President's actions were unconstitutional in that he had exceeded his authority to dismiss Ukraine's parliament.http://www.minjust.gov.ua/files/The_Legal_Opinion_of_the_Ministry_of_Justice.rtf Legal Opinion with regard to the results of legal examination of Decree of the President of Ukraine dated April, 2 the year 2007 N 264 "On pre-term abatement of authority of the Verkhovna Rada of Ukraine" Ministry of Justice Ukraine DOC 26 August 2007 https://web.archive.org/web/20070927225907/http://www.minjust.gov.ua/files/The_Legal_Opinion_of_the_Ministry_of_Justice.rtf 27 September 2007 dead
An appeal against each of the president's decrees was lodged in the Constitutional Court.
On 19 April the Parliamentary Assembly of the Council of Europe passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine. (Items 13 and 14)http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta07/ERES1549.htm
Functioning of democratic institutions in Ukraine
PACE
Parliamentary Assembly of the Council of Europe
19 April 2007
Parliamentary Assembly of the Council of Europe
20 April 2007
dead
https://web.archive.org/web/20071116103456/http://assembly.coe.int/Mainf.asp?link=%2FDocuments%2FAdoptedText%2Fta07%2FERES1549.htm
16 November 2007 stated:
The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts' decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law. Hence the urgent necessity to carry out comprehensive judicial reform, including through amendments to the constitution.
The Assembly reiterates that the authority of the sole body responsible for constitutional justice – the Constitutional Court of Ukraine – should be guaranteed and respected. Any form of pressure on the judges is intolerable and should be investigated and criminally prosecuted. On the other hand, it is regrettable that in the eight months of its new full composition, the Constitutional Court has failed to produce judgments, thus failing to fulfill its constitutional role and to contribute to resolving the crisis in its earlier stages, which undermines the credibility of the court. There is an urgent need for all pending judgments, and in particular the judgment concerning the constitutionality of the Presidential Decree of 2 April 2007, to be delivered. If delivered, the latter should be accepted as binding by all sides.
The associated explanatory report under the sub-heading of Parliamentary Assembly of the Council of Europe - Resolution 1549 (2007) Functioning of democratic institutions in Ukraine expressed concern that "Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat." (item 67)
In emphasis the report (item 68) stated This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions
On 30 April, on the eve of the Constitutional Court's ruling on the legality of the president's decree dismissing Ukraine's parliament, President Yushchenko, in defiance of the PACE resolution of 19 April intervened in the operation of Ukraine's Constitutional Court by summarily dismissing two Constitutional Court Judges, Syuzanna Stanik and Valeriy Pshenychnyy, for allegations of "oath treason."http://www.eng.for-ua.com/news/2007/05/03/103007.html Yushchenko dismissed CCU judges 17 May 2006 for-ua https://web.archive.org/web/20070929103211/http://www.eng.for-ua.com/news/2007/05/03/103007.html 29 September 2007 His move was later overturned by the Constitutional Court and the judges were returned by a temporary restraining order issued by the court.http://www.korrespondent.net/main/190075 Stanik and Pshenychnyy returned to CC 17 May 2007 Korrespondent 25 May 2007 https://web.archive.org/web/20070517061140/http://www.korrespondent.net/main/190075 17 May 2007 live
On 16 May, Viktor Yushchenko, for a second time, issued another decree dismissing the two Constitutional Court Judges Syuzanna Stanik and Valeriy Pshenychnyy.http://pravda.com.ua/news/2007/5/16/58814.htm Stanik and Pshenychnyy again became ex-judges of Constitutional Court 17 May 2006 16 May 2007 Korrespondent https://web.archive.org/web/20070518045203/http://pravda.com.ua/news/2007/5/16/58814.htm 18 May 2007 dead
On 17 May, the Constitutional Court Chairman Ivan Dombrovskyy resigned and Valeriy Pshenychnyy was appointed chairman in replacement.
On 23 May, The Constitutional Court of Ukraine acted to prevent the president's undue influence on the court system.http://www.nrcu.gov.ua/index.php?id=148&listid=45930 Constitutional Court of Ukraine restricts president's influence on courts Ukrainian National Radio 23 May 2007 24 May 2007 dead https://web.archive.org/web/20070928014407/http://www.nrcu.gov.ua/index.php?id=148&listid=45930 28 September 2007 The court's ruling was made after Viktor Yushchenko unduly sought to influence the court by illegally dismissing two Constitutional Court judges Valeriy Pshenychnyy and Syuzanna Stanik for allegations of "oath treason."
Pursuant to Article 149 of Ukraine's Constitution
Judges of the Constitutional Court of Ukraine are subject to the guarantees of independence and immunity and to the grounds for dismissal from office envisaged by Article 126, and the requirements concerning incompatibility as determined in Article 127, paragraph two of Ukraine's Constitution
On 20 July Susanna Stanik won an appeal against the President in the Shevchenko district court of Kyiv. The Court ruled the President's actions illegal and reinstated Ms Stanik's entitlement as a member of Ukraine's Constitutional Court. According to the ruling, the President is obliged to cancel his decree on discharge of Mrs. Stanik."http://www.pravda.com.ua/en/news/2007/7/20/8377.htm Stanik Back into the CC 20 July 2006 dead https://web.archive.org/web/20070930222936/http://www.pravda.com.ua/en/news/2007/7/20/8377.htm 30 September 2007 The other two judges who were also illegally dismissed had previously tendered their resignations and as such were not subject to the courts order.
Following the president's intervention the Constitutional Court still has not ruled on the question of legality of the president's actions.
Stepan Havrysh, the President's appointee to the Constitutional Court, in prejudgment of the court's decision and without authorization from the Court itself, commented in an interview published on 24 July I cannot imagine myself as the Constitutional Court in condition in which three political leaders signed a political/legal agreement on holding early elections, which also stipulates the constitutional basis for holding the elections... How the court can agree to consider such a petition under such conditions.http://www.ukranews.com/eng/article/56286.html https://archive.today/20130105065756/http://www.ukranews.com/eng/article/56286.html dead 2013-01-05 Constitutional Court Judge Havrysh Doubts Constitutional Court Will Consider Petition On Constitutionality Of September 30 Rada Elections Ukrainian News agency 2007-07-24 26 August 2007
Oleksandr Lavrynovych, Ukrainian Minister for Justice, in an interview published on 3 August is quoted as saying According to the standards of the Constitution and the laws of Ukraine, these elections should have been recognized invalid already today. But we understand that we speak about the State and about what will happen further in this country. As we've understood, political agreements substitute for the law, ... The situation has been led to the limit, where there are no possibilities to follow all legal norms.http://en.for-ua.com/news/2007/08/03/161518.html Lavrynovych: Early elections should have been already recognized invalid today Inter-Media, ForUm 2007-08-03 26 August 2007 https://web.archive.org/web/20070929102952/http://en.for-ua.com/news/2007/08/03/161518.html 29 September 2007 dead
On 25 March 2008 Ukraine's Supreme Administrative Court ruled the President's dismissal of Suzanna Stanik as a Constitutional Court judge illegal. Ms Stanik's position has been reinstated. The decision is final and not subject to further appealhttp://www.ukranews.com/eng/article/112528.html Supreme Court Restores Stanik As Constitutional Court Judge Ukrainian News agency 27 March 2008 27 March 2008 https://web.archive.org/web/20080509123552/http://www.ukranews.com/eng/article/112528.html 9 May 2008 dead
Prosecutor General
thumb|Recently dismissed Prosecutor General of Ukraine Svyatoslav Piskun breaking into his office, surrounded by Members of the State Protection Department on 24 May 2007.
On 24 May, Yushchenko fired the Prosecutor General of Ukraine, Svyatoslav Piskun, who was appointed by Yushchenko himself on 26 April, after Piskun refused to resign his place in the Verkhovna Rada as was required by the Ukrainian law, so as to not hold two positions at the same time. Yushchenko cited Constitution Article 78 which states "Where there emerge circumstances infringing requirements concerning the incompatibility of the deputy's mandate with other types of activity, the People's Deputy of Ukraine shall within twenty days from the date of the emergence of such circumstances discontinue such activity or lodge a personal application for divesting of People's Deputy authority" and Item 1 of Article 3 of Law No. 2783-IVPresidential Decree 357/2007 On peculiarities of firing the persons who combine deputy mandate with other types of activity 8 July 2005 when issuing his decree on the dismissal of the Prosecutor General.http://www.president.gov.ua/en/news/data/1_16063.html President comments on Piskun's sacking 24 May 2006 President of Ukraine 25 May 2007 https://web.archive.org/web/20080108133917/http://www.president.gov.ua/en/news/data/1_16063.html 8 January 2008 dead The President appointed Viktor Shemchuk, the Prosecutor General of Crimea, as a replacement to Svyatoslav Piskun.http://www.kommersant.com/p768566/Ukraine_crisis Ukrainian State in Meltdown 24 May 2006 Kommersant 25 May 2007 https://web.archive.org/web/20070527115923/http://www.kommersant.com/p768566/Ukraine_crisis/ 27 May 2007 dead
After Piskun's dismissal, thousands of protesters marched to his office in Kyiv protesting his dismissal. Piskun, accompanied by several deputies from the Party of Regions, tried to enter his office in Kyiv, however, were prevented from doing so by the Members of the State Protection Department, with Valeriy Heletey at their lead. Valeriy Heletey and the deputies were later joined by the Communist Party leader Petro Symonenko and supporters of the Party of Regions. The Minister of Internal Affairs of Ukraine, Vasyl Tsushko, ordered Ukraine's Berkut riot police to surround the building, defying Yushchenko's order for the Ukrainian security services not to get involved in the political conflict.http://www.itar-tass.com/eng/level2.html?NewsID=11562358&PageNum=0 Ukraine's Yushchenko tells police, military to stay out of politics ITAR-TASS 23 May 2007 24 May 2007 Tsushko responded to Yushchenko's dismissal of Piskun as a "coup d'état."
On 25 May, Viktor Yushchenko ordered a decree,http://www.president.gov.ua/documents/6190.html On the system of control of the interior ministry troops with the Constitution of Ukraine President of Ukraine 25 May 2007 25 May 2007 https://web.archive.org/web/20070527115721/http://www.president.gov.ua/documents/6190.html 27 May 2007 dead taking control over 40,000 interior ministry troops.https://news.bbc.co.uk/1/hi/world/europe/6691371.stm Ukraine leaders spar over troops BBC News 25 May 2007 25 May 2007 https://web.archive.org/web/20070608072925/http://news.bbc.co.uk/2/hi/europe/6691371.stm 8 June 2007 live Meanwhile, the troops were acting on orders of the Interior Minister of Ukraine Vasyl Tsushko, who was charged with abuse of office on 25 May.http://www.itar-tass.com/eng/level2.html?NewsID=11566267&PageNum=0 Ukraine's Ukrainian interior minister charged with abuse of office ITAR-TASS 25 May 2007 25 May 2007
On 26 May, thousands of Interior Ministry troops moved towards Ukraine's capital Kyiv on the President's orders.https://www.bloomberg.com/apps/news?pid=20601085&sid=a_r6ZboYQo7E&refer=europe Ukraine's Interior Ministry Troops Moving Toward Kyiv Bloomberg 26 May 2007 26 May 2007 The troops were only lightly armed with riot gear and no lethal weapons. On their way to Kyiv, the troops were stopped by Ukrainian Traffic Police.http://www.boston.com/news/world/europe/articles/2007/05/26/ukraine_rivals_hold_talks_troops_deployed_to_kiev/ Ukraine rivals hold talks, troops deployed to Kyiv The Boston Globe 26 May 2007 26 May 2007 https://web.archive.org/web/20070528084504/http://www.boston.com/news/world/europe/articles/2007/05/26/ukraine_rivals_hold_talks_troops_deployed_to_kiev/ 28 May 2007 dead Deputy Interior Minister Mykhailo Kornienko stated that about 2,050 troops from 13 out of 25 of Ukrainian oblasts were deployed. According to the Vice Commander of the Interior Ministry troops Mykola Mishakin, about 3,480 troops were deployed near Kyiv.http://www.korrespondent.net/main/191962 Interior Ministry troops walk to Kiev. They have no lethal weapons. Korrespondent 26 May 2007 ru 26 May 2007 Since their entrance into the capital was blocked by Berkut and the Government Automobile Inspection, the Interior Ministry troops would walk to Kyiv. Mykola Mishakin stated:
We will be here as long as it takes so that bloodshed will not occur... and where ever it takes so that there will be no use of force, and to give the politicians a chance to resolve their problems in a peaceful and human way.
After over seven hours of discussions, Yushchenko, Yanukovych, and the Verkhovna Rada Speaker have come to an agreement by setting the date for new parliamentary elections on 30 September 2007.http://www.korrespondent.net/main/191968 Results of Yushchenko's meeting: new parliamentary elections will be held on September 30 Korrespondent 27 May 2007 ru 27 May 2007
After coming to a compromise on an election date, the Verkhovna Rada was given two days to accept the new elections and legally prepare for them.August 2021 The Cabinet of Ministers of Ukraine adopted a bill that would allow funding for the early parliamentary elections,http://www.upi.com/NewsTrack/Top_News/2007/05/30/ukrainian_early_election_funding_endorsed/3754/ Ukrainian early election funding endorsed United Press International 30 May 2007 31 May 2007 https://web.archive.org/web/20080114191632/http://www.upi.com/NewsTrack/Top_News/2007/05/30/ukrainian_early_election_funding_endorsed/3754/ 14 January 2008 dead and the Rada approved the necessary laws on 1 June 2007.https://news.bbc.co.uk/2/hi/europe/6714113.stm BBC News Ukrainian MPs approve snap poll 1 June 2007 22 April 2010 https://web.archive.org/web/20100420230758/http://news.bbc.co.uk/2/hi/europe/6714113.stm 20 April 2010 live Yushchenko formally called the election on 5 June 2007, thus ending the political crisis.Ukrainian President Formally Sets Early-Election Date - RADIO FREE EUROPE / RADIO LIBERTY
See also
2006 Ukrainian political crisis
2020 Ukrainian constitutional crisis
References
30em
External links
Wikinews Shorts: April 2, 2007#Yushchenko calls early elections in Ukraine Yushchenko calls early elections in Ukraine
BBC news — Ukraine leader calls early poll
Council of Europe — resolution on Ukrainian Crisis
Council of Europe — Explanatory memorandum
Council of Europe — Venice Commission:Ukraine
Category:Political scandals in Ukraine
Political Crisis, 2007
Ukrainian political crisis
Ukrainian
Category:Viktor Yushchenko
Category:Viktor Yanukovych
Category:April 2007 in Ukraine
Category:May 2007 in Ukraine
Category:June 2007 in Ukraine
Category:2007 disasters in Ukraine