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Yanukovych won't nominate Tymoshenko for prime minister if elected president

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Dec. 9, 2009, 2:46 p.m. | Politics — by Interfax-Ukraine

Victor Yanukovych does not see Yulia Tymoshenko as a potential candidate for prime minister if he wins the election.

Moscow, December 9 (Interfax) - Victor Yanukovych, the leader of the Party of Regions of Ukraine and frontrunner in the upcoming presidential election campaign, has said he does not see Yulia Tymoshenko as a potential candidate for prime minister if he wins the election scheduled for Jan. 17, 2010. "She has her own program, and I do not think that she would agree to implement somebody else's. And what is even more important, even if she agrees, I won't believe her," Yanukovych said in an interview published in Wednesday's issue of Kommersant.

"President [Viktor] Yuschenko believed her twice, and she deceived him," he said.

"I don't and can't have any confidence in Tymoshenko," Yanukovych said.

He also said he was sure that there would be no revote in the 2010 elections similar to what happened in 2004, when Viktor Yuschenko won the elections in a revote following the second round.

"I am sure that the people will not gather at Maidan [the central square in Kyiv] once again," Yanukovych said.

"And I am sure there will be no third round in 2010," he added.

Asked whether he would insist on revising the gas contracts with Russia if elected president, Yanukovych said, "I will answer briefly: I am sure we will revisit this issue."
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Anonymous Dec. 9, 2009, 3:42 p.m.    

The decision of who is nominate and who retains the position of Prime minister is not a decision of the Parliament and not the head of state. As long as the government/prime minister can maintain the confidence of the people democratically elected parliament then they retain the right to remain in office. The degree of Yushchenko made back in April 2007 were in breach of Ukraine's Constitution. Yanukovych would be well advised not to repeat the errors of Yushchenko. As head of state he must uphold the provisions of Ukraine's Constitution and rule of law. It is not a case of do unto others as they have done unto you.

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Anonymous Dec. 9, 2009, 3:44 p.m.    

Correction: The decision of who is nominated and who retains the position of Prime minister is a decision of the Parliament and not the head of state.

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Anonymous Dec. 9, 2009, 4:11 p.m.    

Basically he needs a vote of no confidence or for 150 members of parliament to resign and for their parties to cancel their registered list of candidates. He would also be constitutionally required to wait a minimum of 60 days before he can call a fresh election. The President of Ukraine has limited authority not absolute authority to dismiss Ukraine's parliament. It will not and can not happen in March even if he manages to secure the necessary triggers under Article 90 of Ukraine's Constitution..

Article 90

...

The President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of term, if:

(1) there is a failure to form within one month a coalition of parliamentary factions in the Verkhovna Rada of Ukraine as provided for in Article 83 of this Constitution;

(2) there is a failure, within sixty days following the resignation of the Cabinet of Ministers of Ukraine, to form the personal composition of the Cabinet of Ministers of Ukraine;

(3) the Verkhovna Rada of Ukraine fails, within thirty days of a single regular session, to commence its plenary meetings.

The early termination of powers of the Verkhovna Rada of Ukraine shall be decided by the President of Ukraine following relevant consultations with the Chairperson and Deputy Chairpersons of the Verkhovna Rada of Ukraine and with Chairpersons of Verkhovna Rada parliamentary factions.

...

Article 83

Regular sessions of the Verkhovna Rada of Ukraine commence on the first Tuesday of February and on the first Tuesday of September each year.

...

...

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.

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine shall be formed within a month from the date of the first meeting of the Verkhovna Rada of Ukraine to be held following regular or special elections to the Verkhovna Rada of Ukraine, or within a month from the date when activities of a coalition of parliamentary factions in the Verkhovna Rada of Ukraine terminated.

A coalition of parliamentary factions in the Verkhovna Rada of Ukraine submits to the President of Ukraine, in accordance with this Constitution, proposals concerning a candidature for the office of the Prime Minister of Ukraine and also, in accordance with this Constitution, submits proposals concerning candidatures for the membership of the Cabinet of Ministers of Ukraine.

Framework for forming, organising, and terminating activities of a coalition of parliamentary factions in the Verkhovna Rada of Ukraine shall be established by the Constitution of Ukraine and the Rules of Procedure of the Verkhovna Rada of Ukraine.

A parliamentary faction in the Verkhovna Rada of Ukraine whose members make up a majority of People’s Deputies of Ukraine within the constitutional composition of the Verkhovna Rada of Ukraine shall enjoy the same rights under this Constitution as a coalition of parliamentary factions in the Verkhovna Rada of Ukraine.

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