Tymoshenko threatens to take Yushchenko to court over his ban on land auctions government resolution

April09200823:20

Addressing the government session on Apr. 9, Premier Tymoshenko said the land mafia has scored a victory and community budget revenues will fall short of billions of hryvnias after Pres Yushchenko, for unknown reasons, has practically vetoed the government resolution on land auctions and non-arable land sales. To reinstate the resolution, she warned, she is prepared to take the issue to the Constitutional Court, the cabinet secretariat told ZIK Apr. 9.

Following the cabinet resolution, local budget revenues from the sales and lease of non-arable land ballooned 5 to 10 times. To quote Yulia Tymoshenko, her government will reinstate the resolution today to pull the plug on the land mafia who line their pockets on the sales of land. She stressed that her government is on the right track in its battle against corruption and the battle should be started by making land sales transparent.

Comment by ZIK

The decree by the president of Ukraine № 309/2008 has the title “On suspending the enforcement of cabinet resolution #90 of Feb. 22, 2008”

In it, Yushchenko says the government resolution establishes the procedure for preparing and holding auctions for the sale or lease of state-owned or community-owned land sites.

However, Yushchenko’s decree continues, under the Ukrainian constitution, the cabinet is not vested with the powers to establish procedures for the sale of land.

Besides, the decree goes on, the sale or lease of state-owned or community-owned land must be carried out pursuant to the Land Code of Ukraine.

Therefore, by issuing the resolution #90, the cabinet violated the constitution and overstepped its authority.

“I rule therefore,” the decree runs, ”to suspend the cabinet resolution #90.”

The presidential decree came into force on publication on Apr. 7.