Member of the constitutional Commission Viktor Musiyaka believes that the constitutional court of Ukraine to recognize the rules in the draft Constitution concerning the Donbass, unconstitutional, reports Ukrainian news Agency UNIAN.
The Verkhovna Rada on Thursday sent for examination to the COP the draft changes to the Constitution. Proposed by Ukrainian President Petro Poroshenko the changes provide that the status of uncontrollable Kiev areas of Donbass will be determined by a separate legislative act. The procedure in case of positive opinion of the court, the deputies will consider the draft in the process of 2 sessions: for adoption on first reading need 226 votes in the 2nd - a minimum of 300 votes.
the specialist reminded that the amendments provide that the Director may dissolve the local councils that allow themselves to go beyond the powers of the Constitution. But at the same time in the law on local self-government in certain districts of Donetsk and Lugansk regions, provided that it is not permitted early termination of the powers of local authorities, which are elected in these areas.
According to Musiake, it turns out that in this situation the leader will not be able to exercise their right to dissolution of the authorities within the Donetsk and Luhansk regions, even if they will accept an unconstitutional solution.
on specifying question of journalists, whether there is a hope that the constitutional court accepts those rules, which relate to the Donbass, unconstitutional, specialist responded that he thinks " It's so."
The Musiyaka said that the status of Donbass will be determined " in the body of the Constitution and the Manager will not be able to dissolve the councils in the region in the event of making unconstitutional decisions. To the question whether the amendments to the Constitution to decentralize the special status of Donbass, he said: "This is a play on words - Yes or no ".
The Musiyaka gave the advice to go if not to the legal literature, at least to Wikipedia, which says that if certain territories are defined by any features, then It is a special status, because all regions are required to have uniform rules." there is no need to play with words, status no, " he is ", - said the expert, adding that he spelled out in the law adopted by the Verkhovna Rada.
Adopted February 12, the contact group on the settlement of the fall of the document obliges the authorities of Ukraine to engage in direct dialogue with the authorized DND and LNR, for example, on the issue of conduct in local elections, entering into the Constitution of Ukraine of change, involving the decentralization of power, as well as on the issue of legislative recognition of special status of separate districts of Donetsk and Lugansk regions ". However, on March 17, the Verkhovna Rada escorted Adopted in September 2014 the law on the special status of Donbass amended, postponing its entry into force before the Donbas local elections under Ukrainian law.
in DND and LNR called It the failures of the February the Minsk agreements and demanded the cancellation of the law.
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