Early termination of parliamentary powers is unconstitutional
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
On May 21, 2019, the President of Ukraine Volodymyr Zelensky issued a Decree “On early termination of powers of the Verkhovna Rada of Ukraine and the appointment of early elections” No. 303/2019. The Centre of Policy and Legal Reform considers this Decree unconstitutional.
Early termination of powers of the Parliament on the basis of paragraph 1 of part two of Article 90 of the Constitution of Ukraine is possible under condition of the absence of a coalition within a month and the inability to form a new one, and the combination of these conditions creates the basis for the President to exercise his right to terminate the powers of the Verkhovna Rada of Ukraine ahead of schedule.
The legal fact of the absence of a coalition was established by the Chairman of the Verkhovna Rada on May 17, 2019. In accordance with paragraph 1 of part two of Article 90 and Article 83 of the Constitution, parliamentary factions must form a coalition by June 17, 2019.