Analysts unanimous that President’s appointment of Kyiv Administration Head is unconstitutional

Analysts agree that the President’s decree appointing Oleksandr Popov Head of the Kyiv City State Administration [KCSA] is in breach of the Constitution.

The Deputy Head of the Centre for Political and Legal Reform, Viktor Tymoshchuk stated on Wednesday that the President’s decision “can unequivocally be described as unconstitutional”.

He pointed out that according to a Constitutional Court judgment, the Head of the KCSA can only be the Kyiv Mayor. “The Law (on the Capital) in this respect has not changed and the Constitution has not changed”.

Director of the Kyiv-Mohyla Academy School of Political Analysis, Oleksiy Haran now Oleksandr Popov cannot without the consent of Mayor Chernovetsky appoint his own deputies, or change the heads of municipal enterprises.

The Director of the Horshenin Institute, Volodymyr Fesenko says that dual power in Kyiv is an absolute formality, and that the decree temporarily resolves the problem of the Kyiv authorities, but the contradictions and a certain degree of conflict remain. He says the problem could arise after the Kyiv elections if the new Kyiv head does not also gain the post of head of the KCSA.

Director of the Agency for Situation Modelling, Vitaly Bala said that the decree was “to put it mildly, quite improper”. He expressed surprise that no representatives of the opposition have yet turned for an interpretation to the Constitutional Court.

On 16 November President Yanukovych dismissed Leonid Chernovetsky from his post as Head of the KCSA and appointed Oleksandr Popov.