Victor Yushchenko insisted that the Verkhovna Rada should revoke its Resolution on the Dismissal of the Prime Minister and Members of the Cabinet, passed on January 10, 2006, as unconstitutional.
“By no means objecting to the constitutional right
of parliament to dismiss the government, I still find it important to
point out that this right can only be exercised in accordance with the
Constitution of Ukraine,” he wrote in a letter to parliament.
The President said only two reasons to exercise such
a right were stipulated by the Constitution. According to Article 87,
the President or 150 parliamentarians can submit a relevant proposal to
the Verkhovna Rada which can then pass a no-confidence motion to
dismiss the government. He reiterated that no such proposals had been
submitted.
According to Item 12 of Part 1 of Article 85, the Verkhovna Rada can comply with Premier’s request to resign.
“There was not such a request by the Prime Minister,” Yushchenko stressed.
He said according to Article 152 legal acts were
considered unconstitutional when parliamentarians failed to observe all
procedures of their approval.
The President prepared an appeal to the Constitutional Court of Ukraine to recognize the Resolution of the Verkhovna Rada of Ukraine on the Dismissal of the Prime Minister and Members of the Cabinet as illegal.
The Head of State stressed that “the court cannot
consider the appeal, for the Verkhovna Rada has blocked its work” and
added that in this situation he could only ask the Verkhovna Rada to
revoke its resolution.
