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Constitutional Court gets motion on constitutionality of parliament's rules of procedure

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March 12, 2010, 11 p.m. | Ukraine — by Interfax-Ukraine
Kyiv, March 12 (Interfax-Ukraine) - The Constitutional Court on March 11 received a constitutional motion from 56 Ukrainian MPs regarding the constitutionality of the clauses of Article 61 of the Verkhovna Rada's rules of procedure approved by Ukrainian law No. 1861-VI of February 10, 2010 on the Verkhovna Rada's rules of procedure, in the wording of amendments to Ukrainian law No. 1952 of March 9, 2010 on the Verkhovna Rada's rules of procedure. The court's press service reported this on Friday.

According to the court's regulations, the constitutional motion was submitted for consideration by the court's secretariat.

As reported, on March 9, Ukraine's parliament approved amendments to Article 61 of the Ukrainian law on the Verkhovna Rada's rules of procedure. Under this law, a coalition of deputy factions can be formed not only by factions, but also by individual MPs.

Parliament Speaker Volodymyr Lytvyn signed the law on the same day, while next day, it was signed by Ukrainian President Viktor Yanukovych. On March 11, the law came into force, and Lytvyn declared the creation of a new ruling coalition, called "Stability and Reform." The coalition includes the parliamentary factions of the Regions Party, the Communist Party, the Bloc of Lytvyn, and individual MPs.
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Anonymous March 13, 2010, 11:40 a.m.    

It is worth reading the following rulings of Ukraine's Constitutional Court as these may give some insight into the possible legality of the new governing coalition

1.

CCU Document Link: 12-rp-2008.doc

Summary to the Decision of the Constitutional Court of Ukraine no.12-rp/2008 dd. June 25, 2008 on the case upon a constitutional petition of 50 national deputies of Ukraine concerning compliance with the Constitution of Ukraine of Articles 13.5 and 13.6 of the Law of Ukraine “On the Status of a National Deputy of Ukraine”, Article 61.4 of the Rules of Procedure of the Verkhovna Rada of Ukraine and official interpretation of the provisions of Articles 81.2.6, 81.6, 83.6 of the Constitution…

http://ukraineccu.wordpress.com/2008/09/01/decision-of-the-constitutional-court-of-ukraine-id-12-rp-2008-doc/

2.

CCU Document Link: 16-rp-2008.doc

Summary to the Decision of the Constitutional Court of Ukraine no.16-rp/2008 dated September 17, 2008 on the case upon the constitutional petition of 105 People’s Deputies of Ukraine concerning official interpretation of provisions of Articles 83.6, 83.7 and 83.9 of the Constitution of Ukraine (case on coalition of deputy factions in the Verkhovna Rada of Ukraine)

http://ukraineccu.wordpress.com/2008/09/17/decision-of-the-constitutional-court-of-ukraine-id-16-rp-2008-doc/

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Anonymous March 13, 2010, 12:02 p.m.    

Get to the point, too much intellectually bent gymnastics,,

Its not worth reading your foolishness

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Anonymous March 13, 2010, 12:20 p.m.    

The point is that the formation of the new coalition is not in accordance with Ukraine's Constitution., The rebel members of Parliament have no legal standing or mandate to act in isolation or independent from the faction that appointed them. It was the faction that was elected not individual members of parliament.

In short it is unconstitutional and as such has no authority. All its decision could be ruled out of order.

Abiding by the constitution is not optional. It is the difference between a democracy or an autocratic dictatorship.

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