Reanimation package of reforms > News > Statements > RPR’s statement concerning the lack of grounds for the early termination of the powers of the Verkhovna Rada of Ukraine

RPR’s statement concerning the lack of grounds for the early termination of the powers of the Verkhovna Rada of Ukraine

The newly elected President of Ukraine, Volodymyr Zelenskyi, took office on May 20, 2019 from the moment of taking the oath. Since then, President of Ukraine V. Zelenskyi has become the head of state, a guarantor of state sovereignty, territorial integrity of Ukraine, compliance with the Constitution of Ukraine, human and civil rights and freedoms.

The powers of the President of Ukraine are established exclusively by the Constitution of Ukraine. In particular, the President, in accordance with Clause 8 of Part One of Article 106, terminates the powers of the Verkhovna Rada in cases established by the Constitution.

These three cases are set out in Part Two of Article 90 of the CU: “1) The Verkhovna Rada of Ukraine fails to form a coalition of deputy factions in compliance with Article 83 of this Constitution within one month; 2) No new Cabinet of Ministers of Ukraine has been formed within sixty days after the resignation of the Cabinet of Ministers of Ukraine; 3) Plenary sessions fail to commence within thirty days of a single regular session.”
At the same time, since May 27, in accordance with Part Five of Article 90 of the CU, the powers of the Parliament of the VIII convocation cannot be terminated early as the Constitution prohibits this during the last 6 months of the term of office of the Parliament. In accordance with the principle of legal certainty, the last 6 months are counted down from the constitutionally established term of office of the Parliament – 5 years (Part One of Article 76 of the CU). The Verkhovna Rada of the VIII convocation took office on November 27, 2014, hence the last day of possible early termination of Parliament’s powers is May 27, 2019.

In view of this, President V. Zelenskyi, having constitutional grounds for early termination of the powers of the Verkhovna Rada, has the right to dissolve the Verkhovna Rada of Ukraine from the moment of entry into office from May 20 until May 27, i.e. until the moment this right can no longer be exercised.

Obviously, the only probable reason for the early termination of the powers of the Verkhovna Rada of Ukraine may be the absence of a parliamentary majority and the Parliament’s inability to create a new one within one of its termination. The Chairman of the Verkhovna Rada of Ukraine announced the termination of the parliamentary majority on May 17. Therefore, the Verkhovna Rada of Ukraine can form a new parliamentary majority by June 16, and the President will have constitutional grounds for terminating the powers of the Parliament of the VIII convocation after June 16, and provided that such a majority is not formed. However, such a ground for dissolution cannot be exercised due to the restriction of the right of dissolution which can be exercised no later than 6 months before the expiration of the term of office of the Verkhovna Rada of Ukraine.

RPR calls on:

  1. The newly elected President of Ukraine – the guarantor of compliance with the Constitution of Ukraine – to act exclusively within the limits of his constitutional powers and, accordingly, not to terminate the powers of the Verkhovna Rada of Ukraine of the VIII convocation in an unconstitutional manner in the absence of grounds for this;
  2. MPs of Ukraine – to immediately raise the issue of constitutionality of the decree of the President of Ukraine on the early termination of the powers of the Verkhovna Rada before the Constitutional Court of Ukraine in case of its publication.
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