Yushchenko has 3 weeks to dissolve VR - Lavrynovych
June26200920:51
Until July 17, Pres Yushchenko can take a decision to dissolve Verkhovna Rada, and it will be 100% legal, Party of Regions deputy speaker Oleksandr Lavrynovych told Glavred June 26.Lavrynovych reminded the constitution bans to call an early parliamentary election in the last 6 months of the president’s tenure. However, no lawyer or astrologist can tell you when Yushchenko’s tenure will expire, he added.
VR has recently set the date for presidential election to be held on January 17, 2010. So, says Lavrynovych, the first round will be held on this day. Accordingly, Yushchenko can dissolve VR till July 17, and this decision will be perfectly legal. Can he call an early election in August, asks Lavrynovych, saying it will be a highly questionable decision.
The end of Yushchenko’s tenure can be prolonged if the first round gives no results. The second round will be held in 3 weeks, with a lot of time taken by court appeals. It means the tenure will be extended, because Yushchenko will leave his office only after a new president steps in, Lavrynovych argued.
Answering a question whether NUNS faction withdrawal from the coalition can lead to VR dissolution, Lavrynovych explained that, if a faction quits the coalition and no new coalition is formed within 30 days, the president can call an early election, adding that it will be past the July 17 deadline.
The president can dismiss VR now, Lavrynovych continued, as the constitution sets that the coalition is formed not merely by factions, but it must numerically include more than a half of lawmakers, or 226. At present, he went on, the coalition has only 212 lawmakers.
Lavrynovych is against simultaneous presidential and parliamentary elections. To hold both elections at the same time, the president must issue his decree before Nov. 17. “I have strong doubts the president will have the authority to disband VR then. The date is inside the 6-month ban for president to call an early parliamentary election, he summed up.
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There is an argument, put forward by V. Lytvyn ,that Yushenkos' authority to mismiss the Parliament extends until July 25.
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In one weeks time Yushchenko would have served four and a half years and will have less then six months remaining of his five year term of office
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Any attempt by Yushchenko to dismiss Ukraine's parliament and force a fresh round of parliamentary elections in October ahead of the Presidential elections would be destructive and counter productive and would be rejected by Ukraine's Constitutional Court.
Lavrynovych should re read his submission to the Constitutional Court back in 2007 when Yushchenko unconstitutional dismissed Ukraine's democratically elected parliament
Ukraine can not afford a long and debilitating Presidential election campaign
Yushchenko with less then 4% support will not be re-elected to a second term of office.
The best thing Yushenko can do for Ukraine is to resign and allow Ukraine to elect a new head of state in October.