Arseniy Yatsenyuk: Constitutional changes are aimed at distribution of power and restoration of balance of power in Ukraine

The Government insists on the need for changes to the Constitution to create a real balance of power between the Government, the Parliament and the judiciary and the activity of the President, Ukraine’s Prime Minister Arseniy Yatsenyuk emphasized at the session of the Verkhovna Rada of Ukraine on Tuesday, April 29.

Arseniy Yatsenyuk said that the main purpose of amending the Constitution "is not a struggle for power, but the distribution of power": "That is why Ukraine has rebelled - because power was concentrated in the hands of one person. Constitutional concentration of power in the hands of one person led to the crimes committed by the person, who held the title of President of Ukraine, against the people of Ukraine. "

"Amending the Constitution, we set the goal to eradicate political and economic corruption. Corruption is caused only by a monopoly on power, economy or resources. That is why all political forces have decided to destroy such a monopoly on power. A new monopoly should appear – a monopoly of the people of Ukraine to influence on the authorities and on the management of their country ", Arseniy Yatsenyuk stressed.

He underlined that the Government supports the abolition of the excessive powers of the central authorities and transfer "a significant part of the political, economic, financial, social and human powers to the regions."

Meanwhile, the Government proposes to abolish regional and district state administrations and create corresponding executive committees that will be elected by local territorial communities: "In connection with the liquidation of the state administrations we consider it inexpedient to preserve representative offices of state power in the regions. We believe that state offices should be established solely at the regional level. They have to do only one job - to control the observance of legislation on the territory of a respective community. "

"Such representation should not have any financial and economic impact on regional development. The lion's share of the powers should go to the respective executive committee of the respective council," he underlined.

The Government also stands for cancellation of the functions of general supervision of the prosecution that contradicts European standards.

Arseniy Yatsenyuk also stressed that the new wording of the Constitution should abolish the so-called imperative mandate of a member of the Parliament: "We believe that the imperative mandate restricts the rights and powers of Ukrainian MPs. The element of imperative mandate, to be exact - party's influence on the Ukrainian MP, should be cancelled".

Regarding the powers of the President, the Prime Minister said that the President does not represent any branch and is a separate institution that "has, along with three branches to balance state power and not give anyone the possibility of monopolizing it": "Thus he should not have any chance of a monopoly on power in the country."

For this purpose, according to Arseniy Yatsenyuk, we need to change some functions of the President, provided by the current Constitution. In particular, under the current Constitution, the President has the right to suspend acts of the executive branch with the subsequent submission to the Constitutional Court: "We believe that this option should remain among the presidential powers, but the President is only entitled to apply to the Constitutional Court in terms of the unconstitutionality of an act without stopping it, because this violates the principle of balance of power, what emphasized the Venice Commission when adopting the Constitution of 2004."

With regard to the powers of the judiciary, the Government advocates joining of the Supreme Court of Ukraine of the real status of the highest judicial authority while the dramatic changes in the procedure of appointment of judges and their dismissal. The appointment of a judge, which shall be exercised by the President’s decree in non-transparent and corrupt way, must be cancelled. The President should be deprived of his influence on the judicial branch. The judicial branch should be accountable solely to the High Council of Justice as an independent body which is formed on the constitutional principles".

According to the Head of the Government, the High Council of Justice should also make a submission on the appointment of a judge: "We believe that the President may have the right to sign the decree on the appointment of a judge, but solely on the basis of the submission of the High Council of Justice with deadline. If the President within ten days has not signed a respective decree on the appointment of a judge, the decision of the High Council of Justice shall take effect without the signature of the President."

Arseniy Yatsenyuk also underlined that separate legal regulation requires the right of the President to appoint Ministers of Defence and Foreign Affairs: "We believe that the appointment by the President of these ministers violates the principle of the unity of the power."

He stressed that the Government is formed by the parliamentary coalition on the basis of the submission of the Prime Minister. The President can together with the Government make nominations of Ministers of Defence and Foreign Affairs through the mechanism, when the Prime Minister on the basis of respective consultations with the coalition makes a corresponding submission to the Parliament in consultation with the President of Ukraine.