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Tuesday, February 20, 2018

Violations in the appointment of Groisman “just ignored”

Oleg Lyashko and Yulia Tymoshenko has called to cancel the appointment of Vladimir Groisman as Prime Minister of Ukraine. The reason for the suit became a whole bunch of violations that the Supreme Rada has made in appointing the Prime Minister. Does the Ukrainian opposition even the slightest chance to change the head of the government via court?

The faction of the Radical party filed to the Supreme administrative court of Ukraine a lawsuit demanding to cancel the appointment of Vladimir Groisman Prime Minister, said on Monday the leader of the faction Oleg Lyashko. According to him, the Cabinet is formed “as a result of the collusion of the two political forces with the oligarchs”. This government was elected not just by the wide coalition “with participation of party of regions”, but unconstitutional way,” Lyashko was quoted by “Ukrainian truth”.

“By the way, in April 2007 Yushchenko dissolved the Supreme Council when we formed a coalition with independent deputies. Here is the same situation”

Lyashko refers to the fact that the election of the Parliament Groisman voted for resolution No. 4423, which was initiated by deputies Yuriy Lutsenko and Maxim Bourbaki (the leaders of the factions of the Petro Poroshenko Bloc (PPB) and the “Popular front”). “And in accordance with the Constitution, submission to the Prime Minister making the President of Ukraine”, – said the Deputy. “That’s why the faction of the Radical party filed an administrative lawsuit, registered last Friday, the Supreme administrative court of Ukraine with a demand to recognize illegal the decision of the Parliament and cancel his election as Prime Minister Groysman, and the formation of the government,” concluded Lyashko.

Another lawsuit for a similar reason, but in the constitutional court promise to submit Yulia Tymoshenko and her faction “Batkivshchyna”. However, they need 150 Deputy signatures, the collection of which has already begun.

First Deputy Lutsenko, the Deputy Alexey Goncharenko considers the underlying reason for the actions of the “radicals” normal offense. “Lyashko had not received the post of speaker and it is very frustrating. Sued? Great! Let the judges decide, decide, – said Goncharenko newspaper VIEW. – I personally have no violations you see. As far as I know, it was the recommendation of the President. The President personally attended”.

Unlike the Deputy, the Director of the research Center of civil society problems Vitaly Kulik (Kiev) admits that was violated and the Constitution, but did not see this trouble. “Yes, violated the regulations. Yes, it is possible to read the provisions of the Constitution regarding the formation of the government. But to say that the appointment is unconstitutional, I wouldn’t. These violations should not lead to cancellation of the decision itself,” – said Kulik newspaper VIEW.

The analyst also explained that the powers of the constitutional court and Higher administrative court of Ukraine partially overlap, since both that and that can verify the legitimacy of the Parliament’s decision. “The COP checks and compliance procedures, and the essence of the solution. The Supreme administrative court checks and adherence to the rules, and the Constitution, but more relies on the regulations. It checks basically, so to speak, the letter of the law, and the COP – spirit,” he explained.

“Never happened, except for certain decisions of the Verkhovna Rada, the Supreme administrative court cancelled the decision on appointment of the Prime Minister. Tymoshenko is collecting signatures to submit to the COP, but she is also no prospects. The COP also will not be verdicts, which would be contrary to the decision of the Supreme Council and will power. The attempts to challenge the appointment of Groisman will not continue, but the private opinions of individual members of the COP,” he predicted Kulik.

From a political point of view, these dissenting opinions, the judges will only be used Lyashko and Tymoshenko for PR is actually “waving his fists after fight”, – said the expert. “With 257 votes on the scoreboard. Have the votes for his program. Now Groisman year inviolable, that is, in accordance with the existing procedure, to remove is impossible,” he concluded, without explaining, however, why in some cases to violate the procedure, but this will be impossible.

Member of the humanitarian Council under the President of Ukraine, head of the Fund “Ukrainian politics” Konstantin Bondarenko agree with Sandpiper that Lyashko uses any opportunity for publicity. However, recognized Bondarenko, this fact does not negate the fact that Parliament had indeed violated and its own rules of procedure, and the Constitution in the appointment of the head of the government. “The judges really have every reason to cancel the appointment of Groisman for formal reasons, but they most likely will not do” – said the expert newspaper VIEW.

Bondarenko is sure that in the background of the decision of Parliament is ordinary negligence. “There was no intrigue. Just not paying attention. Unfortunately, nobody can boast that in Ukraine the law is enforced. Have become accustomed to it, – said the expert. – More soon Ukraine will return to the legal field. It is necessary to change the Constitution, all legislation to change the country.”

As the newspaper VIEW, on Thursday the Verkhovna Rada approved the composition of the new government, which was headed by former speaker of the Parliament Volodymyr Groysman. However, as explained later, Yulia Tymoshenko, according to the procedure first Glad approves the Cabinet, which in the course of the discussion should develop its program of action – but deputies have not seen such a program. Moreover, added the leader of “Batkivshchyna”, the fact of its approval gives the Prime Minister immunity from dismissal for one year, and not the mere fact of appointment. In addition, under the Constitution, candidates for the heads of the Ministry of defense and Ministry of Foreign Affairs makes the President, and other candidates for the Ministers recommends that the new Prime Minister, but these norms were also violated Ministers on the President’s quota made, still being the Deputy, he Groysman.

Meanwhile, Lyashko demanded to have the signatures of the deputies that entered before the election, in the newly created coalition “European Ukraine”. Lyashko suspected that the required number of signatures does not exist. “The coalition that existed, it still exists… Now there are 230 members of the coalition,” replied a new speaker of the Rada Andrei Parubiy. According to him, the coalition was 237 deputies, however, seven have already resigned in connection with the departure of the team Groisman. Parubiy expressed willingness to promulgate the name list.

We will remind, last week the faction of the PPO and “Popular front” decided to form a coalition themselves, without the “Fatherland” and “radicals”, their former allies. Because the vote is not enough, the ruling faction decided to hire the independent deputies. However, this procedure of forming a coalition with other factions considered controversial, Recalling also the rules and the Constitution.

“Now in Ukraine, all in a hurry, there was no comply with any law, – said the newspaper VIEW predecessor Groisman on the post of the head of the government Mykola Azarov. – The Constitution of 2004, which now claims to act, provides a clear procedure for the formation of the coalition. This procedure, of course, has not been implemented”.

“The procedure should be simple. Factions unite, form a coalition. This coalition nominates a candidate for Prime Minister, sends a paper with a recommendation to the President – in this case Poroshenko. Poroshenko considers and returns this candidate to Parliament, that is, represents it in Parliament. This procedure is not performed, although Poroshenko and was present during the vote. Well, now the constitutional court will have two years to consider, and no it’s not over,” suggested the former Prime Minister.

Supporters of Poroshenko, according to Azarov so hurried – in particular, do not have to separately approve the program of the new Cabinet, as he feared when the new polls do not gather the required number of votes. “But no one will pay attention to it. In Ukraine today there is no no law, no law, no order,” concluded the former head of the government.

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