Ukraine – Return to 1996 constitution

As expected, in Ukraine the Constitutional Court has ruled that in 2004 parliament violated various procedures when it passed amendments to the 1996 constitution and, therefore, that the reforms are invalid. As a result, the pre-reform version of the constitution (i.e. the 1996 text) is now in force once again. (The 1996 text is available here).

Kyiv Post provides a brief summary of the effect of changing back to the 1996 text of the constitution: “Under the 1996 Constitution, which has again entered into force as of Oct. 1, 2010, the president is elected for five years, nominates candidates for prime minister (for parliamentary ratification) and appoints cabinet ministers, has the right to dismiss government without parliamentary approval and can cancel any government resolution. The parliament, on the other hand, is elected for four years, is not required to form a majority coalition, can dismiss the government by vote of no-confidence and can override presidential decrees by two-thirds parliamentary majority, or 300 votes.” One way of looking at the decision is that it has changed Ukraine back to a president-parliamentary form of semi-presidentialism.

The Court’s decision raises a number of legal issues. For example, are parliamentary elections due in 2011 or 2012? The last elections were held in 2007 under a constitution where the term of office was five years. However, under the 1996 version, the term is four years. So, when are elections due? Similarly, are all laws passed since 2004 null and void?

Given the strong propensity for semi-presidential countries with a president-parliamentary form of semi-presidentialism to slip into authoritarianism, the Court’s decision may have fundamental consequences for democracy in Ukraine.

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