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09KYIV747, COURT GIVES “NEUTRAL” ANSWER ON PRESIDENT’S APPEAL

April 30, 2009

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Reference ID Created Released Classification Origin
09KYIV747 2009-04-30 16:04 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kyiv

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 
-------- 
 
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

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