Identifier
Created
Classification
Origin
09KYIV747
2009-04-30 16:04:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kyiv
Cable title:  

COURT GIVES "NEUTRAL" ANSWER ON PRESIDENT'S APPEAL

Tags:  PGOV PREL UP 
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VZCZCXRO3289
PP RUEHDBU RUEHIK RUEHLN RUEHPOD RUEHSK RUEHVK RUEHYG
DE RUEHKV #0747 1201604
ZNR UUUUU ZZH
P 301604Z APR 09
FM AMEMBASSY KYIV
TO RUEHC/SECSTATE WASHDC PRIORITY 7724
INFO RUCNCIS/CIS COLLECTIVE
RUEHZG/NATO EU COLLECTIVE
UNCLAS KYIV 000747 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL UP
SUBJECT: COURT GIVES "NEUTRAL" ANSWER ON PRESIDENT'S APPEAL

SUMMARY
--------

UNCLAS KYIV 000747

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL UP
SUBJECT: COURT GIVES "NEUTRAL" ANSWER ON PRESIDENT'S APPEAL

SUMMARY
--------------


1. (SBU) In a decision announced April 30, the
Constitutional Court denied President Yushchenko clear legal
cause to dissolve the Rada and call early parliamentary
elections. Coalition supporters claimed that the court's
"neutral" answer and refusal to rule on the specifics of
Yushchenko's appeal is a de facto win for the coalition.
However, presidential representatives offered a different
interpretation, with Deputy Presidential Secretariat head
Popov claiming the court ruling gives support for dissolution
of the Rada. End Summary.

NO ANSWER IS THE COURT'S ANSWER
--------------


2. (SBU) The Constitutional Court ruled on April 30 that the
current coalition followed constitutional norms when it
formed on December 9, but did not rule on the specifics of
President Yushchenko's appeal. Yushchenko argued any new
Rada coalition is required to nominate a new Prime Minister
and the failure of the current coalition to do so within the
specified time frame give him cause to dissolve the Rada.
Chief Justice Andriy Stryzhak said that the court could not
rule as to whether nominating a Prime Minister was the right
or a requirement for a coalition because the Constitution
does not specify. He said that the court could not create an
answer that was missing in the Constitution, so it issued a
"neutral" ruling reiterating the constitutional procedure for
forming a new coalition.

COALITION CLAIMS WIN, PRESIDENT DENIES DEFEAT
--------------


3. (SBU) The Rada's representative to the Constitutional
Court, Anitoliy Selivanov, claimed that the ruling reinforces
the legitimacy of the coalition. He said it does not give
Yushchenko the legal justification he was seeking to dissolve
the Rada and is a victory for Prime Minister Tymoshenko.
Deputy Secretary of the Presidential Secretariat Ihor Popov
disagreed, saying that the ruling gives Yushchenko the right
to dismiss the Rada and call elections. However,
Presidential Secretariat Deputy Head Marina Stavniychuk later
said that the President would need to "thoroughly study" the
ruling and consult with Rada leaders before deciding on his
course of action.

COMMENT
--------------


4. (SBU) The court's side-stepping of the President's appeal
and refusal to give him clear cause to dissolve the Rada
appears to favor the coalition. Renewed lengthy court
battles would ensue if the President tries to move forward on
dissolving the Rada on the basis of this "neutral" ruling.

TAYLOR