For any person who has a minimum of legal knowledge it is absolutely evident that Yanukovych, Verchovna Rada deputies selected during his direction and Azarov's ministry - are the unique legitimate authority in Ukraine.
Is such a collision: de jure Yanukovych is still the president and de facto it is Poroshenko.
Viktor Yanukovych intends to return to the country. His lawyer, Vitaliy Serdyuk, stated it in the interview to news agency "Glavkom".
"He has an intention of returning to Ukraine and to this end, legal steps will be taken. He didn't resign his president's powers and he didn't abandon the country's leadership. The procedure to remove him from his position occurred with severe violations of the Ukrainian constitution. It was illegal to remove him by the Supreme Council's ruling instead of impeachment", - the lawyer said.
And he is absolutely right. From the point of view of the laws and the constitution of Ukraine, all laws, all appointments in Ukraine taken since the victory of the Maidan are illegal. Elections of Poroshenko are illegitimate too because the election law and all necessary rulings haven't been signed by Yanukovych. For the same reason not only Poroshenko as president of the country can't be recognized lawful but also all the cabinet and Verkhovnaya Rada's deputies. There is no Yanukovych's caption on the appointment of officials of the smaller rank: regional administration chiefs, ambassadors and heads of power structures. All the authority vertical in Ukraine is illegitimate de jure. All credits, in particular IMF loans, that Yatsenyuk is going to get now, can not be payed in the future because his signature on all the documents is illegal, or how lawyers say - worthless.
There is a question if the current Ukrainian government realize that it is illegitimate and there are two ways to make it rightful: the first one is to arrest and to convict the organizers of the Maidan, Yanukovych returns and collects all survivors deputies of the old Supreme Council. Together they will appoint new elections. The other way is Yanukovych's death. But note that even in case of his death all decisions that had been taken and voted by Kiev impostors before his death would be recognized illegitimate.
Since the days of the Roman Empire the rule of "continuous power" has been accepted. Its aim is to have authority representatives in power till the new elections or the power shift will be effectuated. The same rule is laid down in the Ukrainian legislation. In this way, because of this juridical conflict, Yanukovych and Verkhovnaya Rada deputies selected during his ruling, Azarov's government are the unique Ukraine authority for term of life till they won't be dismissed correctly what is absolutely impossible without Yanukovych.
Did Maidan leaders understand that this kind of conflict would develop? - Certainly they did. I can impugn much of what is said by Yanukovych or about him but I know exactly that he had been hunted personally. Why? - Because everybody has understood very well that Yanukovych's death only was able to unravel the legal contradictions and conflicts which had been appearing in case of the coup and armed seizure of the power in Ukraine.
Was it the first time of violation of the basic laws in Ukrainian history? - No, it wasn't. There are numerous questions to the output of Ukraine from the USSR. Uniquely the third round of presidential elections during the reign of Kuchma has been appointed illegally. Yanukovych has changed the constitution, it has been changed in an unconstitutional way after him.
To summarize, there is no legal authority and legal constitution in Ukraine now. How this juridical collision could be resolved? I won't conceal that many countries, during their history of formation, have survived periods of "roughness". That was all right, the sky hasn't fallen to the ground and life in these countries continues. Only the power that is really strong can pay no attention to the legality of its actions - it should have a sufficient support inside the country as well as a strong international position. If the situation inside the country was calm, Ukraine would also be able to follow this way. Despite everything, I consider necessary to remember that Poroshenko, Yatsenyuk and other are impostors and they should be reminded it occasionally.
As for me, I think that organizers of the Maidan and the war in Donbass will be convicted sooner or later. And Yanukovych is still able to fulfill his historical function - to return to Ukraine and to appoint presidential and parliamentary elections.
- Сентябрь 24 5320 / (0 Комментариев)
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