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Constitutional Court KOs early election
Journal Staff Report

KIEV, May 13 – The Constitutional Court on Wednesday rejected October 25 as the date of the next presidential election, upholding President Viktor Yushchenko’s appeal against a controversial resolution approved by Parliament last month.

The ruling effectively postpones any preparation for the presidential election by the Central Election Commission and other bodies until Parliament approves another date.

“The process is effectively suspended until a new resolution is approved,” Ivan Dombrovskiy, a judge at the Constitutional Court, said at a press conference.

The development is a victory for Yushchenko, who contested the resolution that had set the date of the election on October 25, or about three months earlier than had been required by the constitution.

Yushchenko, who was sworn in as the president on January 23, 2005, said the next presidential election must be scheduled on January 17, 2010.

The controversial resolution, backed by Prime Minister Yulia Tymoshenko, Yushchenko’s rival, was backed by 401 lawmakers in the 450-seat Parliament amid speculations that the president was about to dismiss Parliament and call early election.

Tymoshenko, reacting to the ruling on Wednesday, said lawmakers will try to approve a new date of the election, but did not elaborate.

“Let’s consider that the president has traded with the Constitutional Court couple extra months,” Tymoshenko said. “But it is Parliament that sets the date so I will not be making any comments.”

Meanwhile, a new political crisis has been emerging in Ukraine that under certain circumstances could lead to early parliamentary election.

The opposition Regions Party has been blocking Parliament demanding the dismissal of Interior Minister Yuriy Lutsenko for his recent attack on German police officers and his detention in Franfurt.

If the blocking of Parliament continues through May 17, this may give Yushchenko a legitimate reason to dismiss Parliament, analysts said. The constitution allows the president to dismiss Parliament in case it fails to hold a session within 30 days. The last session of Parliament was held on April 17.

“Parliament must unblock itself and to approve a new date” of the presidential election, Ihor Popov, a deputy chief of staff at the Yushchenko office. “If it doesn’t unblock, a new Parliament will approve the date as soon as in September.”

The comment suggests the presidential office has been looking into the possibility of dismissing Parliament as the coalition backing Tymoshenko does not control majority in Parliament as required by the constitution.

“Actually, there are legal grounds [for the dismissal] since the Constitutional Court had [recently] confirmed that the coalition must nominate the prime minister,” Popov said. “They did not do this, and there is no new coalition. There are no 226 votes.”

“So, legal grounds are there anyway. But if Parliament will not work for 30 days – this is just another reason,” Popov said.

“I don’t think that the president will approve such decisions tomorrow,” Popov said. “It all depends on how will Parliament work, because there is a lot of urgent issue.” (nr/ez)




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