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27.09.2005

The “Maidan” Alliance is turning to the President of Ukraine demanding that he put an end to the “blue and pink” counter-revolution

   

The “Maidan” Alliance has sent an open letter to the President of Ukraine regarding the need to reverse the so-called “political reform”. The letter in particular stresses that the Medvedchuk-Moroz-Symonenko “reform”[1] “not only does not comply with, but in fact runs counter to the vector of the expression of the people’s will which was focused on electing the Head of the State for the period set out in the Constitution with those powers which are stipulated in the same Constitution”, and therefore “it will only be possible to hold a discussion about changing the powers of the President with regard to the new term of the next Head of the State”.  The open letter, which via the website “Maidan”, was signed by 933 citizens, was sent to Viktor Yushchenko in accordance with the Constitution of the Ukraine and the Law of Ukraine “On appeals from citizens”.  “Political expediency, - the letter stresses, - must not take precedence over the expression of the people’s will and the will of the people must not become the object of behind-the-scenes deal-making between groups of individuals, albeit those entrusted with Deputy mandates”.

The citizens who have signed our open letter demand that their President uses all necessary judicial and political means to protect the current Constitution and, at the same time, to begin the process of preparing a truly democratic constitutional reform. The full text of the open letter can be found on the website: We provide the text of this letter below:

http://www2.maidan.org.ua/news/view.php3?bn=maidan_petit&key=1113337121&trs=.(in Ukrainian)

To the President of Ukraine

V. A. Yushchenko

01220, Kyiv-220, Bankova Street, No. 11

 

OPEN LETTER

16 September 2005

Your Honour, Viktor Andriyevych,

The Ukrainian people, a majority of whom having expressed their will at the last elections and having defended their choice on Maidan, fulfilled, as the sole bearers of sovereignty in the country their sacred constitutional right to elect their President, and they chose you.

 

By electing you President and thus defending not only your, but their own victory, the citizens of Ukraine have possibly for the first time in the history of the State filled with real meaning the constitutional provisions regarding the sovereignty of the people and the free expression of the people’s will (Article 5, 69 and 71 of the present Constitution of Ukraine).  They elected their President for the term and with the powers outlined by the Basic Law.

 

Unfortunately a side effect of the election process which took place in bitter confrontation with a system which had essentially been built on sidestepping the law and on anti-democratic principles was, as a result of political deal-making, the Law of Ukraine from 08.12.04 №2222-IV «On introducing amendments to the Constitution of Ukraine». An analysis of this legislative act from a judicial, as well as a general civic standpoint, compels us to state the following: The Draft Law №4180 has been transformed into a Law with fundamental procedural infringements: the text which was voted on is significantly different from that which passed through the review stage in the Constitutional Court, although in such a case, in accordance with the Basic Law, a second review of the altered draft law is required by a body of constitutional legal procedure.

Law №2222-IV is, in our opinion and according to the conclusions of many leading specialists, inherently contradictory and does not meet the demands of the current stage of development of the Ukrainian State, even more so considering the European prospects which have opened up for Ukraine since you were elected to the office of President.

Finally, and most importantly, Law №2222-IV not only does not comply with, but in fact runs counter to the vector of the expression of the people’s will which was focused on electing the Head of the State for the period set out in the Constitution with those powers which are stipulated in the same. This needs to be stressed in particular. In accordance with Article 103 of the Constitution, the President of Ukraine is elected by the people for a period of 5 years, with the powers of the President clearly set out, moreover, in Article 106.  It should be noted that in Paragraph 2 of Article 1 of the Law of Ukraine “On the Presidential Elections” it is also stipulated that the President is elected for the term set out in the Constitution.  The only possible conclusion from this is unambiguous both legally and politically: by electing a President of Ukraine the people vest in him or her for a period of 5 years the range of powers set down in the Constitution current at the time of the expression of the people’s will.  Any other interpretation, even if one moves away from formal jurisprudence, has quite simply nothing in common with democratic principles.  Accordingly, the State Deputies who voted for the “political reform” did not have the legal, and still less the moral right to interfere in such a manner at the level at which the people elect, in accordance with constitutional norms, their choice for Head of State. Such interference directly contravenes the principle of the sovereignty of the people and the exclusive right of the people themselves to establish their constitutional system. Law No. №2222-IV, furthermore, by effectively introducing the possibility of suspending a part of the powers of the President early, runs counter to Article 108 of the Constitution which, in speaking only of the possibility of early suspension of all powers (as a whole package), does not envisage anything of the kind. It will only be possible to hold a discussion about changing the powers of the President with regard to the new term of the next Head of the State.

Political expediency must not take precedence over the expression of the people’s will and the will of the people must not become the object of behind-the-scenes deal-making between groups of individuals, albeit those entrusted with Deputy mandates.

Mr President, your Honour!

In your inaugural speech on Maidan Nezalezhnosti [Independence Square], you stated, in particular, that lawlessness must not be the norm in a state and that you envisage Ukraine as a state governed by the rule of law. At the end of last year it was the people themselves who defended the rule of law. The turn is now yours as Guarantor of the Constitution.  We do not dispute the expediency of introducing amendments to the present Constitution, however we are firmly convinced that such amendments, aimed at providing maximum safeguards for civil rights and freedoms, as well as the effective functioning of the State apparatus within the context of Ukraine’s European prospects, must be the result of public social debate and must be carried out according to legally impeccable procedure. Otherwise the sovereignty of the people will be trampled, the principle of the rule of law denied and the legitimacy of the Basic Law will be for ever placed in question.

 

In view of the above, we are turning to you and would ask you to take all necessary judicial and political means to protect the current Constitution and, at the same time, to begin the process of preparing a truly democratic constitutional reform.

 

With sincere respect,

The “Maidan” Alliance

12-04-2005

 

 



[1]  This “reform” was part of a package of amendments to laws passed on 8 December 2004. The package also included electoral changes considered vital to counter the vote rigging that had totally invalidated the results of the second round of voting in the Presidential elections. The constitutional “reforms” were pushed by V. Medvedchuk, Presidential Administration Chief of Staff under Kuchma, O. Moroz, Leader of the Socialists and P. Symonenko, leader of the Communist faction. 

The “Maidan” Alliance has sent an open letter to the President of Ukraine regarding the need to reverse the so-called “political reform”. The letter in particular stresses that the Medvedchuk-Moroz-Symonenko “reform”[1] “not only does not comply with, but in fact runs counter to the vector of the expression of the people’s will which was focused on electing the Head of the State for the period set out in the Constitution with those powers which are stipulated in the same Constitution”, and therefore “it will only be possible to hold a discussion about changing the powers of the President with regard to the new term of the next Head of the State”.  The open letter, which via the website “Maidan”, was signed by 933 citizens, was sent to Viktor Yushchenko in accordance with the Constitution of the Ukraine and the Law of Ukraine “On appeals from citizens”.  “Political expediency, - the letter stresses, - must not take precedence over the expression of the people’s will and the will of the people must not become the object of behind-the-scenes deal-making between groups of individuals, albeit those entrusted with Deputy mandates”.

The citizens who have signed our open letter demand that their President uses all necessary judicial and political means to protect the current Constitution and, at the same time, to begin the process of preparing a truly democratic constitutional reform. The full text of the open letter can be found on the website: We provide the text of this letter below:

http://www2.maidan.org.ua/news/view.php3?bn=maidan_petit&key=1113337121&trs=.

To the President of Ukraine

V. A. Yushchenko

01220, Kyiv-220, Bankova Street, No. 11

 

OPEN LETTER

16 September 2005

Your Honour, Viktor Andriyevych,

The Ukrainian people, a majority of whom having expressed their will at the last elections and having defended their choice on Maidan, fulfilled, as the sole bearers of sovereignty in the country their sacred constitutional right to elect their President, and they chose you.

 

By electing you President and thus defending not only your, but their own victory, the citizens of Ukraine have possibly for the first time in the history of the State filled with real meaning the constitutional provisions regarding the sovereignty of the people and the free expression of the people’s will (Article 5, 69 and 71 of the present Constitution of Ukraine).  They elected their President for the term and with the powers outlined by the Basic Law.

 

Unfortunately a side effect of the election process which took place in bitter confrontation with a system which had essentially been built on sidestepping the law and on anti-democratic principles was, as a result of political deal-making, the Law of Ukraine from 08.12.04 №2222-IV «On introducing amendments to the Constitution of Ukraine». An analysis of this legislative act from a judicial, as well as a general civic standpoint, compels us to state the following: The Draft Law №4180 has been transformed into a Law with fundamental procedural infringements: the text which was voted on is significantly different from that which passed through the review stage in the Constitutional Court, although in such a case, in accordance with the Basic Law, a second review of the altered draft law is required by a body of constitutional legal procedure.

Law №2222-IV is, in our opinion and according to the conclusions of many leading specialists, inherently contradictory and does not meet the demands of the current stage of development of the Ukrainian State, even more so considering the European prospects which have opened up for Ukraine since you were elected to the office of President.

Finally, and most importantly, Law №2222-IV not only does not comply with, but in fact runs counter to the vector of the expression of the people’s will which was focused on electing the Head of the State for the period set out in the Constitution with those powers which are stipulated in the same. This needs to be stressed in particular. In accordance with Article 103 of the Constitution, the President of Ukraine is elected by the people for a period of 5 years, with the powers of the President clearly set out, moreover, in Article 106.  It should be noted that in Paragraph 2 of Article 1 of the Law of Ukraine “On the Presidential Elections” it is also stipulated that the President is elected for the term set out in the Constitution.  The only possible conclusion from this is unambiguous both legally and politically: by electing a President of Ukraine the people vest in him or her for a period of 5 years the range of powers set down in the Constitution current at the time of the expression of the people’s will.  Any other interpretation, even if one moves away from formal jurisprudence, has quite simply nothing in common with democratic principles.  Accordingly, the State Deputies who voted for the “political reform” did not have the legal, and still less the moral right to interfere in such a manner at the level at which the people elect, in accordance with constitutional norms, their choice for Head of State. Such interference directly contravenes the principle of the sovereignty of the people and the exclusive right of the people themselves to establish their constitutional system. Law No. №2222-IV, furthermore, by effectively introducing the possibility of suspending a part of the powers of the President early, runs counter to Article 108 of the Constitution which, in speaking only of the possibility of early suspension of all powers (as a whole package), does not envisage anything of the kind. It will only be possible to hold a discussion about changing the powers of the President with regard to the new term of the next Head of the State.

Political expediency must not take precedence over the expression of the people’s will and the will of the people must not become the object of behind-the-scenes deal-making between groups of individuals, albeit those entrusted with Deputy mandates.

Mr President, your Honour!

In your inaugural speech on Maidan Nezalezhnosti [Independence Square], you stated, in particular, that lawlessness must not be the norm in a state and that you envisage Ukraine as a state governed by the rule of law. At the end of last year it was the people themselves who defended the rule of law. The turn is now yours as Guarantor of the Constitution.  We do not dispute the expediency of introducing amendments to the present Constitution, however we are firmly convinced that such amendments, aimed at providing maximum safeguards for civil rights and freedoms, as well as the effective functioning of the State apparatus within the context of Ukraine’s European prospects, must be the result of public social debate and must be carried out according to legally impeccable procedure. Otherwise the sovereignty of the people will be trampled, the principle of the rule of law denied and the legitimacy of the Basic Law will be for ever placed in question.

 

In view of the above, we are turning to you and would ask you to take all necessary judicial and political means to protect the current Constitution and, at the same time, to begin the process of preparing a truly democratic constitutional reform.

 

With sincere respect,

The “Maidan” Alliance

12-04-2005

 

 



[1]  This “reform” was part of a package of amendments to laws passed on 8 December 2004. The package also included electoral changes considered vital to counter the vote rigging that had totally invalidated the results of the second round of voting in the Presidential elections. The constitutional “reforms” were pushed by V. Medvedchuk, Presidential Administration Chief of Staff under Kuchma, O. Moroz, Leader of the Socialists and P. Symonenko, leader of the Communist faction. 

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