04 March 2011, 14:45
Volodymyr Lytvyn, Chairman of The Verkhovna Rada of Ukraine, declares that the Parliament is the main institution to tackle amendments to the Fundamental Law.
V.Lytvyn made this statement, speaking at the general assembly of the National Academy of Legal Sciences of Ukraine in Kharkiv.
The Head of the Parliament stated, "New ideas and intentions concerning reforms of the Fundamental Law have appeared, which should be substantiated by the experts in the constitutional law."
"In particular, I mean the idea of reforming the Constitution of Ukraine at the all-Ukrainian referendum. Corresponding ‘arguments´ have been chosen: although the reform of 2004 was cancelled, the Constitution is in an ambiguous state, as the previous amendments proved ineffective, so the people should have the last word," he stated.
According to V.Lytvyn, "Energetic constitutionalists are bringing ‘the balls of arguments´ to the cannon titled ‘constitution via the public referendum.´ Such arguments include clause 5 of the Constitution (the people shall be the sole source of power in Ukraine; the right to determine and change the constitutional order in Ukraine shall belong exclusively to the people and shall not be usurped by the State, its bodies, or officials); clause 17 (protecting the sovereignty and territorial integrity of Ukraine, ensuring its economic and information security, shall be the most important function of the State and a matter of concern for all the Ukrainian people), clause 69 (the expression of the will by the people shall be exercised through elections, referendum and other forms of direct democracy), clause 106, item 6 (the President of Ukraine shall appoint the All-Ukrainian referendum regarding amendments to the Constitution of Ukraine in accordance with Article 156 of this Constitution, and proclaim the All-Ukrainian referendum initiated through the popular initiative).
"I would like to be correctly understood," the Head of the Parliament stated. "It is not the point that somebody wants to deceive the people or deprive them of their fundamental rights. The matter is that the Constitution adopted by The Verkhovna Rada of Ukraine on behalf of the Ukrainian people can not be amended outside the Parliament. It can not be changed even in the Parliament, if it is performed for the benefit of some political force or situation."
"Every branch of power has its functions: law-making ones belong to the parliament. The constitutional process should follow this imperative. The Verkhovna Rada should stand in the end of this process regardless of any conditions," V.Lytvyn declared. "Ukrainian constitutionalists should appeal to the people first of all, clarifying who is dissatisfied with the applicable Constitution and why, and what are the guarantees that the reformed Constitution will be better."