The Cabinet’s appointment: violations of the Constitution and manipulations of the regulations

On Thursday, April 14 , the Parliament voted in favor of Arseniy Yatseniuk’s dismissal and the appointment of Vladimir Groysman as the Prime Minister with 257 votes. The whole Prime Minister business in the Parliament, as many MPs and experts point out, was abundant with non-compliance with the provisions of Article 83 of the Constitution of Ukraine and numerous violations of the regulations, which call the constitutionality of this appointment into question, and consequently, the legitimacy of new government as well.

First and foremost, MPs themselves noted collective rush and haste, which accompanied the voting process. Later on, unjustified “accelerated process” has been explained by “the goal to be finished with the voting by noon” and by the fact that “should they follow the procedure, they will not accumulate enough votes”.

In accordance with the Constitution, a coalition comprised of 226 votes has to be officially formed in the Parliament. However, MPs were only hastily notified of the coalition having been formed with no appropriate documents being provided for their consideration. Whatever the case may be, MPs had not seen any signatures of the newfound coalition members before the voting commenced.

Only 206 MPs from “Petro Poroshenko’s Block” and “People’s Front” voted in favor of Vladimir Groysman’s appointment. Thus, they actually lacked 20 votes in favor of the Government in order to form a constitutional coalition. Notably, “People’s Front” felt compelled to point out that it was “Petro Poroshenko’s Block” that had fallen short on the votes.

Furthermore, it is the coalition that has to present for the President’s consideration the candidacy of the Prime Minister of Ukraine. And only then can the Prime Minister make nominations in accordance with the Cabinet’s quota. The coalition did not nominate Vladimir Groysman: he was nominated by “Petro Poroshenko’s Block”, which actually lacked the votes necessary. This constitutes a blatant and outrageous violation of the Constitution.

Two draft resolutions were distributed to MPs. The President, in conformity with the Constitution, presented one of them whereas MPs Yuriy Lutsenko and Maxim Burbak presented the other. The resolution contained three paragraphs: Yatseniuk’s dismissal, repeal of the voting from February 16 on the assessment of the Government’s work, and appointment of a new Prime Minister. The Prime Minister can indeed be dismissed by the resolution presented by MPs. However, such resolution cannot be used to appoint a new Prime Minister. Nevertheless, “assured accumulation of votes for the dismissal and appointment of the Prime Minister” was used as the reasoning behind these shady arrangements.

Vladislav Holub, Member of Parliament from “Petro Poroshenko’s Block”, also noticed the violation of the procedure of presenting the new Cabinet of Ministers before the Parliament. During the session, he asked V. Groysman to repeatedly present the candidacies of the ministers before the Parliament in order to prevent the violation of the Constitution, since Groysman had registered the resolution in his MP capacity before he was appointed the Prime Minister.

In accordance with the Constitution of Ukraine, the President should have been the one to present the nominations for Defense Minister and Foreign Affairs Minister. De facto, however, MPs voted for the candidates, who had been proposed by MPs themselves from among the current parliamentary coalition. This constitutes a blatant disregard of the Constitution.

During the voting process, the new Cabinet of Ministers was appointed before the dismissal of the previous one. At 13:18:57, the Verkhovna Rada had appointed the new Cabinet of Ministers of Ukraine and only afterwards, at 13:22:21, it relieved 17 Members of the Government of their positions. At the very least, it looks ridiculous.

As for the appointment of the Speaker, they originally planned to elect him by secret ballot, but eventually chose open voting instead.

The “coalitionists” themselves do not perceive any of the above as violations. Yet many experts and opposition MPs see the events, which occurred in the Verkhovna Rada, as bad omen: the Government appointed in unconstitutional manner is doomed. And the first thing that comes to mind in times like these is a famous saying that the goal, which is being accomplished through unlawful means, is not a righteous one anymore.

 

Based on the materials from the sources:

EBK
Apostrophe
NovostiUA
TheKievTimes
Podrobnosti

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