For the Ukrainian Constitution birthday - really sad holiday. Until the end of the current year the Basic law will be once again copied to a big share of probability. Not because such bad but because again doesn't correspond to modern realities. And answer to a question: how many it is possible to scoff at "child" - it isn't expected yet.
Projects of repair
To the twelve-anniversary the Constitution of Ukraine appeared object of close attention. Victor Yushchenko who in December 2004 decided that as Paris cost masses, so presidency costs also political reform, seeks to copy the Basic law for a long time, and since December, 2007 it is possible even to tell that is aggressive. In any case, creation of National constitutional council, bombing of the Constitutional court by questions of the powers of the people realized through a referendum, hearings that the new project will return Ukraine into place (to a bosom президентско - parliamentary board) - all this vigorous activity made of the head of state of main "constitutionalist" of the country. For quite some time now it isn't lagged behind also by representatives of other visible political forces: in case of reform realization, maybe, to snatch expansions of hypothetical powers and it won't turn out, but to take part in process it is reasonably useful - always it is possible to manage to get any preferences.
For today projects basic Constitution changes at least three (apart from manifestations of active "legislative" creativity of non-parliamentary parties, it seems IN "Freedom" ). From them the option of Party of Regions still disappears in a gloom though its existence it was declared in April. The version of BYuT though is published and waits for the turn, but in present edition is so far from reality that risks this turn and not to wait. And here the product of cumulative cogitative activity of pro-Presidential National constitutional Council starts getting a complete form.
The constitutional initiatives of Party of Regions while are modest.Judging by numerous statements of party members, a corner preservation парламентско - a presidential government (Victor Yushchenko's devotion of this concept, seemingly, in PR doubt) is at the head. Besides, "regionals" are sure that the main problem of the current Basic law is lack of accurate distribution of powers between branches of the power and a double subordination of some structures. Legislators from PR are ready to clean these contradictions, than and intend to make happy society. Victor Yanukovych's colleagues and don't forget about the program dreams. By words the party leader, the place of honor in "their" Constitution will be taken by the extra block status of Ukraine and Russian "statehood". But while "regionals" didn't publish the project (then they are going to take part in formation of the "constitutional" commission of the Verkhovna Rada), it isn't possible to study the complete list of their claims to the Basic law.
"Byutovsky" the project at once after emergence on court of public was recognized almost as the scandalous. Main changes strengthening of a role of parliament and the government concern and - that is natural - reduction of the importance of a post of the president. The head of state according to the BYuT project loses the right to create "under itself" subsidiary bodies and services, stops being the Supreme Commander and becomes almost that "prikosnovenny". The prime minister acquires the right personally to form the government (which then it is approved by the Verkhovna Rada) and becomes at a wheel foreign policy activity. With parliament too it is interesting: the electoral threshold falls to one percent, but elections can pass in two rounds. The role of the party leader and all-fractional discipline amplifies: it is possible to deprive of the obstinate people's deputy only the party decision, this decision can't be challenged in court, and vote from the deputy at all doesn't require obligatory personal presence - the main thing simply to be. Well and the main character in walls I SAY LIES again there is a majority, instead of the coalition. At the same time the Constitution "on - бютовски" assumes change of an appointment procedure of the general prosecutor (towards strengthening of a role of parliament) and rigid prescription meanwhile some "floating" powers of the National Security and Defense Council. In general - all for the benefit of the person. Sitting in Cabinet of Ministers or Rada.
Presidential initiatives cause for a long time fixed interest:from them expect redistribution of powers of authority thus which at all didn't dream the rights and Leonid Kuchma's duties. Nevertheless, at this stage the project of authorship of National constitutional council while looks rather modestly. For example, the president is supposed to be deprived of the right to appoint Ministers of Defence and foreign affairs. However, need of coordination of candidates to these positions with the head of state therefore it is hard to say, such appointments in comparison with a present situation will be how easier to be given registers. Besides, the rights to stop action of the majority of governmental acts (except for cases can deprive of the president, so far as concerns national security or foreign policy - and again these directions appear, despite "renovation", in introduction of the Guarantor Konstitution). But the head of state will acquire the right individually to appoint heads of the constitutional authorities, like Antimonopoly committee or NBU Council. Here it should coordinate only the decisions with the upper house of parliament. Yes, founders of the project everything is remembered Leonid Kuchma's long idea. The lower house of the Ukrainian parliament will be similar to present Rada: to be chosen on proportional system, to appoint the government and to bear responsibility for acts of executive power. With the top chamber while that will choose in it on a majority basis is clear only. And the destiny of local administrations (it was once supposed to form parliamentary "top" of governors) remains suspended - they are supposed to be brought out of number of executive authorities, and where "to enter" - unclear. But to the people at such Constitution expanse: initiative citizens will acquire the right of a legislative initiative and the legislative veto. And all it is good, except the distressful Constitution.
Too many cooks spoil the broth
Completely to exclude possibility of that Ukrainian constitutional "child" suddenly will take and will cease "to torment", it is impossible - everyone in life happens. But chances of it are insignificant. And matter not only in personal ambitions of direct participants of the constitutional process.The main problem is that, despite more than annual preparation (if to consider from Leonid Kuchma's memorable congratulation in honor of the Independence Day-2003), reform of 2004 led not only to revision of powers aside парламентско - the presidential concept, but also to a certain disbalance of power system as that. Separate edited articles of the Constitution if don't contradict each other (and such meets), in any case, or different interpretations (as with a question of the accountability of governors) allow, or will badly be coordinated with long ago registered standards of profile laws which didn't manage" to coordinate with the freshest constitutional reality. In such situation it is impossible to avoid at least revision of contradictions. And a question only in that, how far statesmen are ready to come in the good care of the Basic law.
All politicians explain the aspiration to copy the Constitution exclusively care of wellbeing of the people and the state. But the majority of them at all this seek not to offend itself also.
The main initiator of potential reforms - the president. Without its vigorous activity parliamentarians, most likely, a few years more would reflect on need of cosmetic changes, but a little that undertook - the urgent need wasn't. And now the constitutional reform turns into race down: who the first managed to press through the project - that and "the tsar of the mountain".
Aspiration to revise the Basic law for Victor Yushchenko absolutely reasonably. And anything surprising that the president seeks to brighten up the last years of the board, no. After all even external redistribution of formal powers towards Cabinet of Ministers which is supposed present edition of offers of National constitutional council, leaves space for comfortable existence of the head of state. The new deal, except other also minimizes responsibility of the Guarantor Konstitution - and the present carrier of an honorary title latently aspires to it long ago.
Important element of presidential initiatives is also the image aspect. Victor Yushchenko promptly loses a rating which it is necessary as - "to bring that round". From such positions the constitutional campaign (which in a name and for the good of the people) it is possible to consider as the most large-scale public relations - an action. In any case, the similar point of view is spoken well by advances of the president with a power source on the Ukrainian earth:increase in a role of a people at large in public administration or the same attempts to carry out new edition of the Basic law through a referendum. For any reason Victor Andreevich considers that it will be much simpler to agree in about tens of millions, than with four and a half hundred. The reason in it is: parliamentarians, unlike the majority of little Ukrainians, very well represent that it is necessary for them in exchange for legislative tractability; and still nobody cancelled an "administrative resource" consequence. At the same time, to tell as far as Ukraine is ready to introduction of elements of direct democracy while it is the extremely difficult. With a big share of probability answer to this question: I am not ready. But it is pleasant to the people - what result and it was required to receive.
If for the president the constitutional reform is a chance to change the situation to the best already today and to create an image reserve for tomorrow, in a case with the prime minister participation in race reminds attempt to play the opponent on his field. Specifics of the offers sounded by BYuT, such is that at the "timoshenkovsky" project of reform aren't enough chances to endure even the first reading. But it is vital to participate in process at least in order that by the pertinent bargaining to keep the status - кво. And then the following version of the Constitution can appear the most neutral from the point of view of global redistribution of powers in this or that party. And if for any reason the most part of offers of the fraction second for number live up to realization - too well. Yulia Timoshenko by and large all the same whom to be - reliably standing on the feet president or the prime minister with almost chancellor powers. Chances to borrow both the first, and the second post from it in assortment.
Participation of other political forces in the course of constitution change reminds the concept "I won't catch up more, so though I will be warmed". Brightly it communists who on own project weren't honored, but show wishes (it seems "you give the parliamentary republic") state. The Party of Regions hanged waiting, trying to remain sitting on two chairs. It is necessary to take part in race is can seem demonstration of own weakness. Absolutely the project the biggest parliamentary fraction has no chances of realization. Means, it is necessary to agree with someone. But with whom exactly and about what - too a big question. After all, despite everything, Victor Yanukovych seriously expects to hold a post of the president.And in that case and the future of there is no wish to offend, and present - the head of opposition - too. However, stay of solid part of parliamentary bayonets in deep thoughtfulness of weather doesn't do - while anybody isn't ready to acceptance of a final decision.
The constitution everything is will copy. And, most likely, even this year. But now fathers of the nation are much more concerned own destiny in new constitutional reality, than correction once the made legislative mistakes. And while each of them tries to make own situation steadier before decisive breakthrough, the country will celebrate birthday of the Constitution. Correctly understanding the world and, generally - that, quite good "child". Simply very thrown, even at such number of "nurses".