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Constitutional Court of Ukraine has decided the issue related to the right of non-fraction deputies to participate in formation of coalition of deputy fractions in the Supreme Council of Ukraine

On 06.04.2010 the Constitutional Court of Ukraine adopted one of the most contradictory decisions for the last period of its work.

Having considered the constitutional application of 68 deputies of Ukraine regarding official interpretation of paragraph 6 of article 83 of the Constitution of Ukraine (according to election results and on the basis of a common ground achieved between various political positions, a coalition of parliamentary factions shall be formed in the Supreme Council of Ukraine and include the majority of deputies of Ukraine within the constitutional structure of the Supreme Council of Ukraine), paragraph 4 of article 59 of the Regulations of the Supreme Council of Ukraine (the deputy excluded from the deputy fraction is a non-fraction deputy), the Constitutional Court of Ukraine in its decision dd. 06.04.2010 defined that individual deputies including those who do not belong to any deputy fraction initiating formation of coalition of deputy fractions in the Supreme Council of Ukraine have the right to participate in formation of coalition of deputy fractions in the Supreme Council of Ukraine.

Resolving the case the Constitutional Court was ruled by the idea that the Constitution of Ukraine having provided for deputies’ participation in deputy fractions did not abridge their rights to making decisions at their own discretion, including decisions regarding joining the coalition forming majority of deputies of Ukraine. A deputy has such a right regardless of the deputy fraction’s position regarding participation in coalition.

Two judges of the Constitutional Court of Ukraine, Mr. Viktor Shyshkin and Mr. Petro Stetsyuk, have expressed their separate opinions concerning the adopted decision of the Court.

Mr. Petro Stetsyuk mentioned that having reached such a case decision the Constitutional Court of Ukraine failed to duly guarantee supremacy of the Constitution of Ukraine as the fundamental legislative act although this is its straightforward task. Mr. Viktor Shyshkin stated that the Constitutional Court of Ukraine has factually created a new constitutional provision having usurped the powers of the Supreme Council of Ukraine and legitimized the possibility for deputies to ignore electors’ will in spite of the fact that deputy mandates were obtained by them due to the named electorate.