12/16/2004 | topolia

from a Ukr.Canadian discussion group (G.K.):

In an effort to save his hide and the $8 billion he and his family stole from the Ukrainian people, this entity will be ready to do anything. Unfortunately, the compromises which led to the present situation have left him in an apparently very good position to do as much harm as possible for as long as possible, "constitutionally". There is no easy way to remove him. His most recent threat: to refuse to sign the bill passed by Parliament which would allow printing of electoral ballots at another facility than the regular one. The Head of the CEC, Davydovych, has stated that unless this is done, not enough bulletins will be ready for December 26, and the election will be aborted... Kuchma won't sign unless "Pora" ceases its blockade of the President's Administration Building, which "Pora" won't do until Kuchma dismisses Yanukovich as Premier, as ordered to by Parliament, which Kuchma unconstitutionally refuses to do.

I have a suggestion: article 108 of the Ukrainian Constitution mentions four ways in which a sitting President may lose his powers BEFORE the end of his term (unfortunately Kuchma is now "in" until the next President, whoever he may be, is inaugurated): (1) resignation (2) "inability to exercise his or her powers for reasons of health" (3) impeachment (4) death. No one will kill Kuchma, so (4) is out. To impeach you need 300 deputies. They are not available. Kuchma will not resign. So this leaves only (2).

Here is what section 110 of the Constitution states:

"The inability of the President of Ukraine to exercise his or her powers for reasons of health shall be determined at a meeting of the Verkhovna Rada of Ukraine and confirmed by a decision adopted by the majority of its constitutional composition on th e basis of a petition of the Supreme Court of Ukraine on the appeal of the Verkhovna Rada of Ukraine, and a medical opinion."

So what you need here is (a) an initial discussion in Parliament, and an appeal to the High Court, backed up by a medical opinion. The medical opinion should not be difficult to get. But what is Kuchma's "illness"? Well it's obviously mental, not physical. The man is not behaving rationally. He refuses to obey a constitutional order of the Parliament, and now he threatens to abort an election ordered by the High Court. Further exercise of authority by such an unstable individual is detrimental to the security of the state.==(b) I don't quite know the rest of the procedure but the 226 votes needed to suspend the cockroach are certainly there.

And Kuchma can avoid prosecution for his crimes by being declared mentally incompetent.
There's nothing in the Constitution about his being heard on this, other than through his Parliamentary minions.

This may sound strange, but it's worth a try. After all a document (the Constitution) should be essated as muc as possible before suspending it (which may be what will need to be done to all articles conflicting with chapter 1 article 5 if the people's will continues to be thwarted.

But what if Kuchma is declared mentally incompetent? Who takes over in the interim? The constitution says :"The Prime Minister". However Parliament has dismissed Yanukovich. This is constitutional thin ice indeed... But the election should not be held hostage to the whims of a criminal bandit should it?