The Constitutional Court of Ukraine has found that the draft bill, On Making Amendments to Constitution (whose authors are People’s Deputies Stepan Havrysh, Rayisa Bohatyriova, et. al.), does not contradict Articles 157 and 158 of the Fundamental Law. The draft envisages, in part, Verkhovna Rada electing the president of Ukraine in 2004 and prolonging the authorities of the acting parliament for one year to 2007, reports Interfax Ukraine. In the words of the draft’s authors, it differs from the so-called majority and Communist draft, previously approved by the Constitutional Court, only in its transitional clauses. According to the new draft, the elections could be conducted by 300 people’s deputies’ voices, while parliamentary elections would be held on proportional basis by party lists. The document’s authors also suggest after electing the parliament in 2007 electing a new president by Verkhovna Rada. Commenting on the bill’s prospects of passage, Verkhovna Rada speaker Volodymyr Lytvyn opined that a coordinated draft bill would be put to a vote in Verkhovna Rada, which will most probably be based on the majority and Communists’ draft.
The Constitutional Court also made public its verdict in the case of the 47 people’s deputies’ request for an official interpretation of Article 105, Part I and Article 111, Part I of the Constitution of Ukraine. The deputies requested the Constitutional Court give an official explanation as to whom and in what order can file a criminal case against a person fulfilling the duties of president of Ukraine and whether it is possible to begin impeachment without starting criminal proceedings. According to the Constitutional Court decision, the president of Ukraine is exempted from criminal responsibility, and no one can institute criminal proceedings against him. The constitutional procedure of investigating and considering the case on removing the president (impeachment) can therefore be carried out only without filing a criminal case against him, the Constitutional Court ruled.
