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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

CONSTITUTIONAL COURT RENDERS UNCONSTITUTIONAL SOME PROVISIONS OF ELECTIONS LAW, BUT AGREES TO SUSPEND THEM FOLLOWING MARCH 1998 PARLIAMENTAR ELECTIONS

3 March, 1998 - 00:00

Ukraine's Constitutional Court rendered at least 10 provisions of the elections law as contradicting the Constitution and suspended some of them, as of February 27. All provisions that contradict the Constitution will be excluded from the law following the March 29 parliamentary elections. The Constitutional Court decision was made public by its chairman, Ivan Tymchenko, who spoke at a February 29 press conference. 18 members of the court supported the decision, with only one judge, Mykola Savenko, dissenting.

Ivan Tymchenko said that the constitutional court refused to debate the imposition of a 4-percent barrier for political parties for the elections on party lists. In his opinion, this issue could not be decided by his court and is an indication of parliament's political will.

In line with the court's decision, as of February 27, it will not be mandatory for the civil servants to take leaves of absence for the period of the election campaigning, if they are running for a seat in parliament. Ukrainian citizens serving terms in prisons now have the right to run for the legislature. However, the candidates immunity is to be revoked only during the next elections, as well as the provision allowing one and the same person to run for parliament both in a single-mandate local constituency and on a party ticket. Though both these provisions have been deklared unconstitutional by the court, it is too late to change the rules of the game for the upcoming elections, Judge Tymchenko said.

 

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