23/02/2011 16:36
“On 15 February 2011 Kyiv Appeal Administrative Court upheld my appeal against the decision of the District Administrative Court of Kyiv of 22 December 2010 in the case filed against the Central Elections Committee on declaration unlawful inaction on its evasion of the announcement of the election process beginning. Today we finally got the full text of the court decision. The conclusion can only be done one – final decision in the issue of the date of the next parliamentary elections will make the Supreme Administrative Court, where we will soon file a cassation appeal”- said the Leader of the European Party of Ukraine, Deputy of Ukraine Mykola Katerynchuk.
“The court of appeals disagreed with my arguments as a plaintiff, causing a lot of questions. In particular, the Court of Appeal in the decision indicates that after 22 December there were made amendments to the Constitution, which provide, including, holding the next regular parliamentary elections on the last Sunday in October 2012. However, in the appealed decision of the District Administrative Court it is stated exact date of the election to justify the legality of the position of the CEC. Although, what was a legal basis for the District Administrative Court to take into consideration this date to amend the Constitution? Recall that in the time of trial of the first instance, last Sunday of October was only mentioned in the draft law on Amendments to the Constitution. It appears that the Administrative Court assumed if not the powers of the Constitutional Court, then at least the Parliament”- told MP.
“So far so good. Why the Administrative Court of Appeal agreed with the District Administrative Court, which half a month before making amendments to the Constitution had set the election date and indicated this in its resolution? Which law gave the authority to the District Administrative Court to assess the draft law on amendments to the Constitution, which in fact was done by a court of first instance? Indeed, in the appealed decision of the District Court noted that the draft law on Amendments to the Constitution “does not entail the abolition or restriction of rights and freedoms of citizens”! That is – the District Court assumed the powers of the Constitutional Court! Unfortunately, this fact had no response from the court of appeals, even though we paid attention to this fact”, – emphasized Mykola Katerynchuk.
“Administrative Court of Appeal did not respond on that that the fact of amending the Constitution and determination of the next election in October 2012 already suggests that by making these changes election date should be determined in another way, namely, based on provisions of the Constitution that states: last Sunday in March 2011! Unfortunately, the text of the decision of the Kyiv Administrative Court of Appeal did not indicate the grounds for the District Administrative Court to be guided by the draft law on amending the Constitution, which is expressly stated in the resolution, but not the provisions of the Constitution and the Law “On Elections of People’s Deputies”. By the way, despite amendments to the Constitution, the Parliament still has not changed the election law. That is, remain in force the provisions of this Law on start of the election process and the powers of the CEC, which were raised by inaction of the Commission, which escaped from the announcement of the beginning of the electoral process”, – he added.
Press office
The European Party of Ukraine
The European Party of Ukraine