Parliament decides not to amend constitution
Posted by the Editor on October 22, 2009
News / 22 October 2009 | 14:51
Parliament decides not to amend constitution
The Ukrainian parliament refused to make amendments to the Constitution of Ukraine, National radio reported.
All of the four bills, including those submitted by the president and the Regions Party, have been rejected. Only 48 MPs from the pro-presidential faction of the Our Ukraine – People’s Self-Defense Bloc and the Bloc of Lytvyn voted to send Ukrainian President Viktor Yushchenko’s bill of constitutional amendments to the Constitutional Court.
President earlier proposed in his draft of constitutional amendments that the Ukrainian parliament be bicameral and be renamed into a national assembly of Ukraine. He also proposed electing the senate on a majority basis and the chamber of deputies on a proportional basis. The presidential bill foresaw restrictions on deputy immunity and that the lower chamber should appoint the government.
ForUm
For-UA Ukraine English News 
UkrToday said
What For-ua.com failed to publish is that there was a subsequent foreshadowed motion that was passed and Ukraine’s parliament has agreed to amend Ukraine’s Constitution to remove Parliamentary immunity for Criminal liability.
They also have limited immunity for Ukraine’s president and Judges.
The parliament will no longer be liable for defamation action for statements made within the course of parliamentary debate bringing Ukraine in line with other western democracies.
The proposed amendments will be forwarded to Ukraine’s Constitutional Court for review and re-presented to the Parliament for adoption at its next regular Parliamentary session which is scheduled to commence in February 2, 2010.
UkrToday said
The proposed amendments to Ukraine’s Constitution by the President of Ukraine, Viktor Yushchenko,
1. significantly alters the balance of power and constitutional representation in Ukraine;
2. seeks to establish Ukraine as a semi Presidential system of governance;
3. the proposed creation of a Senatorial bicameral Parliament establishes Ukraine as a federation of disproportionate administrative regions and as such is undemocratic in its design and implementation.
The representational model for the proposed Senate does not meet current European standards or democratic values.
The disparity between electorates with the same level of representation denies Ukraine the right of one vote one value.
The disparity in representation is further exacerbated as a result of the proposed use of first-past-the-post method of voting in electing Senate candidates.
The three staggered Senatorial terms of office further diminishes the representational model which in turn undermines public confidence in the authority and democratic composition of the proposed Senate
The President is granted a Senatorial position for life even if he/she has been voted out of office and not elected to a second term;
4. there is no provision for the purouging of the Senate or double dissolutions of both houses of parliament;
5. diminishes and restricts the rights and authority of the Parliament to hold parliamentary inquiries;
6. does not address a number of issues already identified by the Venice Commission in review of the V Shapoval draft proposals;
7. removes a number of significant checks and balances against the misuse and abuse of Presidential authority. Most notably the changes to the impeachment procedures or the President; The President can only be impeached by the Senate if the President has intentionally committed a crime.The President would not be held accountable or subject to impeachment for breaches of oath or Ukraine’s Constitution as is the case in the grounds for dismissal of Judges;
8. the President appoints and dismisses 100% of Ukraine’s Constitutional Court Judges;
9. fails to address a number of significant issues and points of conflict in the current constitution;
10. does not provide for stable or democratic governance
More information
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