The speaker of the Verkhovna Rada of Ukraine Volodymyr Lytvyn sent a letter to the Constitutional Court of Ukraine informing of the constitutional submission of 51 MPs on the constitutionality of the provisions of the effective Rules on the procedure for electing the speaker of the Parliament, ForUm learned from the press office of the Parliament.
matter of internal organization of the Parliament, which may not be subject to the constitutional normative control," the speaker of the Parliament mentioned.
The MPs appealed to the Constitutional Court with a petition to recognize unconstitutional the provisions of the Articles of the Rules of the Verkhovna Rada of Ukraine within the established procedures of the secret ballot by submitting a ballot to elect and dismiss the speaker with the prohibition of use ad hoc procedure, as well as provided that the voting papers for the secret ballot are received at least by two thirds of MPs of their actual number.
Lytvyn noted that according to the Article 88 of the Constitution of Ukraine, the Verkhovna Rada elects from among its members a speaker, who shall exercise the powers provided by the Constitution in the procedure prescribed by the law on the Rules of the Verkhovna Rada of Ukraine.
"Moreover, the Fundamental Law cannot objectively regulate the manner and procedure for voting, election and dismissal of the officials of the Verkhovna Rada of Ukraine, including its speaker," the speaker noted in the letter.
The elected speaker of the Parliament is a candidate for the post, who received the majority of votes of the MPs of the constitutional composition of the Verkhovna Rada of Ukraine under the procedure established by the Rules (Part six of Article 75 of the Rules).
"The right to change the existing regulation procedure for voting by submitting the voting papers, when the issue is refers to the election of the speaker of the Verkhovna Rada of Ukraine and his dismissal from office shall be entitled only to the Verkhovna Rada of Ukraine (paragraph 15 of part 1 of Article 85, paragraph 21 of Part 1, Article 92 of the Constitution of Ukraine)," the letter says.
According to Volodymyr Lytvyn, the MPs, who submitted the bill on amending the law on procedure fr electing and dismissal the speaker of the Verkhovna Rada, did not take into account that the Rules of the internal organization of the parliamentary work is beyond the legislative competence of the Constitutional Court.
"To change such a legal position, which is offered by a group of MPs of Ukraine, means to interfere with the law-making competence of the Verkhovna Rada of Ukraine, confirmed by the signature of the President of Ukraine concerning the constitutionality of the powers of the Parliament to decide internal (procedural) legal relations independently," Lytvyn emphasized in the letter.
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