Volodymyr Lytvyn, Chairman of The Verkhovna Rada of Ukraine, believes that the talks regarding restoration of the Constitution of Ukraine adopted in 1996 are groundless.
Giving the interview to Kyiv post newspaper, V.Lytvyn commented upon the possibility of abolishing the political reform of 2004 and returning to the Constitution of 1996, and stated: "We live under the conditions of the applicable Constitution."
"Today there is no basis to say that tomorrow Ukraine will return to the Constitution that was adopted in 1996. Generally, it is hard for me to imagine this happening. I think that the Constitutional Court of Ukraine will review this matter thoroughly, also taking into consideration the consequences of its final decision," the Head of the Parliament stated.
"The Constitutional Court will pass the due resolution to be implemented by the Parliament. However, it is absurd to say that we will immediately get a Constitution-1996 after the resolution of the Constitutional Court," he stated.
V.Lytvyn stated that "there is no law of a constitutional force, but the Constitution, a comprehensive document with supplements and amendments introduced on December 8, 2004." "If the Constitutional Court decides to draw Parliament´s attention to the fact that changes made to the constitution in 2004 were adopted violating procedural rules and will bind the parliament to make necessary corrections, the entire Verkhovna Rada would have to do that. Absolute observance of Chapter 13 of the Constitution is obligatory," he declared.
The Head of the Parliament believes that organization of authority in Ukraine should correspond to its tasks. "It is important to foresee the economic, social and political processes in Ukraine, as well as possible global situation. It is only afterwards that the political tools, including the authority organization, can be considered," he stated.
V.Lytvyn objects to "scrutinizing the Constitution only in the light of amending the chapters on the authorities of power." It is necessary to analyze the functioning of the Fundamental Law, the efficacy of its provisions, and the actions to take to implement constitutional norms on the human and civil rights and freedoms. "It is this part of the Fundamental Law that should be updated," the Head of the Parliament stressed.
V.Lytvyn deems necessary to specify the constitutional provisions on the local authority organization concerning transfer of authorities and responsibilities to the local power.
Asked whether he supports restoration of President´s authorities in the form before the constitutional reform of 2004, the Chairman of The Verkhovna Rada stated: "It is not the matter of unsubstantiated statements of the politicians regarding support or non-support. Public support is the point."
"Are these the authorities for the sake of authorities or for the sake of Ukraine we are all striving for?" V.Lytvyn asked. "Today, the President declared drastic forthcoming transformations in the country. Thus, reforms should be organized first of all. After the reform starts, the lacking authorities will come to the light."
The Head of the Parliament deems necessary to reinforce the authorities of the Head of State in the provision of state security and foreign policy implementation. "I object to the far-fetched division of executive power into two centers of influence. There should be only one center. Ukraine-2010 is not Ukraine-1996 and even not Ukraine-2004. Therefore, it is unreasonable to talk about immediate restoration of authorities," V.Lytvyn stressed.
V.Lytvyn called for setting up an expert or a working group to analyze the functioning of the Constitution and actions to be taken to harmonize its provisions with actual situation. "Then, the amendments, supplements and specifications to the Constitution should be drafted. This campaign with active public participation should start after the Constitutional Court passes its resolution."
The Head of the Parliament reminded that under Chapter 13 of the Constitution, two parliamentary sessions are required to amend the Constitution. "However, these amendments should have public support, as even legitimately adopted laws are not implemented without public support. It is especially relevant for the Constitution, since it is a social contract," V.Lytvyn summed up.