Legal battle over Ukraine snap elections snowballs

Legal battle over Ukraine snap elections snowballs
The Ukrainian Supreme Court has refused to consider a lawsuit challenging last week's President Volodymyr Zelenskiy’s decree on the nation's parliament's dissolution and call for early parliamentary elections
By bne IntelliNews May 28, 2019

The Ukrainian Supreme Court has refused to consider a lawsuit challenging last week's President Volodymyr Zelenskiy’s decree on the nation's parliament's dissolution and call for early parliamentary elections.

On May 27, the court said that an examination of all Ukrainian parliamentary and presidential legal acts without exception on the subject of their constitutionality is the remit of the Constitutional Court.

"The decision states that the constitutional process of parliament dissolution and the involvement of the president of Ukraine in this process is not a form of exercise of his administrative functions and cannot fall under control of a court of administrative jurisdiction," the court added in a statement. This ruling can be appealed at the Grand Chamber of the Supreme Court within 15 days.

On May 21, Zelenskiy signed a special decree on the early termination of the powers of the nation's parliament, the Verkhovna Rada, and called early elections on July 21. 

Zelenskiy announced the dissolution of the Verkhovna Rada during his swearing in speech on May 20. At the same time, the new president urged lawmakers to adopt a number of urgent laws "within the next two months", specifically, on the abolition of parliamentary immunity, and on criminal liability for illegal enrichment. Now what constitutes a coalition is in dispute.

On May 22, the chairman of the nation's parliament's Andriy Parubiy said that following May 17's collapse of the ruling parliamentary coalition the Verkhovna Rada has 30 days for the creation of a new coalition.

Meanwhile, on May 24, Andriy Teteruk, first deputy head of the People's Front parliamentary faction, said that a group of lawmakers have submitted to the Constitutional Court a petition to verify whether the presidential move to announce the snap elections complies with the country's constitution.

"We view the president's decree as a direct and clear violation of the principle of the rule of law entrenched in the Constitution," Interfax quoted Teteruk as saying.

According to him, the former ruling coalition was established in accordance with legislation and ceased to exist on May 17, 2019, when the withdrawal of the People's Front faction from the coalition was announced. According to the faction's members, this day marks the beginning of the 30-day period to form a new parliamentary coalition.

The lawmakers requested that the Constitutional Court consider their appeal within two months; "as soon as possible," so that "society is given an answer", he added.

 

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