Maidan / Maidan News Ukrainian Site

07-12-2004 18:28 Maidan-INFORM
Ukraine Could Get Another Yanukovich Right Before Election Re-run

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Ukrainian "warrantor" Mr. Leonid D. Kuchma refused to sign a decree to dismiss Prime Minister Viktor Yanukovych, arguing that according to the Law "On Elections of the President of Ukraine," a presidential candidate cannot be fired. Instead, Mr. Kuchma plans to sign a decree on Yanukovych's leave and to appoint Mykola Azarov as acting Prime-Minister.

Maidan-INFORM's commentary:
First of all, we would like to cite Article 65 paragraph 2 of the above-mentioned law: "A candidate for the post of the president of Ukraine, from the time of his registration and up until the end of the electoral process, cannot be dismissed from his job on the initiative of the owner of an enterprise, organization, institution, or of another body authorized by himself, or of the commander of a military regiment(unit)."

The parliament (Verkhovna Rada), which has sacked the bandit, is not mentioned in this list, however you interpret it. And, more importantly, parliament is empowered by the constitution to dismiss a government, which is a governmental body and not a person. Thus, the dismissal of government is authorized by the constitution which has higher legal power than the Law on Elections or the Labor Code (which gets cited as another reason for Prime Minister's right to "job security"). Thus, Mr. "Warrantor of the Constitution" has again shown that he has a very feeble knowledge of the said constitution.

Secondly, opposition leaders should be careful. If events go on like this, we end up with two Yanukovychs instead of one. One would be on leave, while the other would be acting. Mykola Azarov doesn't seem to have ever provided reason to doubt his personal qualities.

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