Expert: Ukraine does not recognize the Constitutional Court rules on the legal status of Donbass – RIA Novosti

KIEV, July 16 – RIA Novosti. A member of the constitutional commission, Viktor Musiyaka believes that the Constitutional Court of Ukraine recognized the norm in the draft Constitution, which relate to the Donets Basin, unconstitutional, reports Ukrainian news agency UNIAN.

Verkhovna Rada on Thursday sent for examination to the COP draft amendments to the Basic Law. The proposed Ukrainian President Petro Poroshenko amendments provide that the status of areas beyond the control of Kiev Donbass will be determined by a separate law. Following the procedure in case of a positive conclusion of the court members will consider the draft in the course of two sessions for the first reading must be 226 votes, the second – at least 300 votes.

The expert recalled that the amendments provide that the president can dissolve the local councils, who allow themselves to go beyond the Constitution. But at the same time in the law about the peculiarities of local self-government in parts of Donetsk and Lugansk regions provided that it is not allowed to early termination of the powers of local authorities, who are elected in these areas.

According Musiyaka, it turns out that In this situation, the President can not exercise his right to dissolve the government in the Donetsk and Lugansk regions, even if they take anti-constitutional solutions.

When asked journalists whether there is a hope that the Constitutional Court accepts the norms, relating to the Donets Basin, to be unconstitutional, the expert said, what he thinks, “it will be so”.

Musiyaka noted that the status of Donbass will be determined by “body” of the Constitution and the president can not dissolve the councils in this region If adopted by them unconstitutional decisions. Asked whether there were changes in the Constitution in the part of the decentralization of the special status of Donbass, he said: “It’s a play on words – yes or no”.

Musiyaka advised to address, if not to the legal literature, at least to Wikipedia which states that if certain areas are determined by any features, it has a special status, since all the regions must have equal conditions. “There is no need to play with words, that status is not – it is”, – the expert said, adding that he is registered in the law adopted by the Rada.

The power operation against the coup disgruntled residents of Donbass lasts more than a year. At the talks on February 12 reached an agreement on a cease-fire, withdrawal of heavy weapons, introducing changes to the Constitution of Ukraine on the decentralization of power, as well as the consolidation of the special status of “individual regions of Donetsk and Lugansk regions”.