President appeals to court on cabinet law
To decide if the controversial law on the cabinet is constitutional
Victor Yushchenko has formally appealed to the Constitutional Court of Ukraine to decide if the controversial law on the cabinet of ministers is constitutional, according to the President`s press-office.
He reiterated at a press conference on Monday that the measure contradicted the constitution and reminded reporters that the Constitutional Court had ruled on July 7, 1998, that the President can veto any law if it contains amendments that are inconsistent with presidential proposals.
“I am convinced we must adhere to the constitution to resolve such legal collisions,” he said.
Mr. Yushchenko complained the law contained a few “particularly provocative” provisions. One of them is the right given to the ruling coalition to nominate prime minister, foreign minister and defense minister.
“There is only one question: Why do we need the president in this country if this mission can be fulfilled by a coalition of deputy factions? This is a constitutional violation. This is usurpation of power,” he said.
Another unconstitutional provision makes government officials sign presidential decrees for approval.
“Article 11 of the law stipulates that presidential decrees and orders cannot be published if not signed by the prime minister or ministers that are in charge of their fulfillment. However, part 3 of article 106 states that decrees and orders issued by the President of Ukraine must be obeyed throughout Ukraine. In addition to that, presidential decrees that have to be approved are issued within his powers, and so he cannot give this right to other officials or executive offices,” he said.
“The government cannot live and work with a forged passport,” he said.
Mr. Yushchenko also added that his conversation with Speaker Moroz and Prime Minister Yanukovych on Monday morning had focused on how to end the cabinet law conflict.