Deputy chairman of the Central Election Commission Andriy Mahera sees no legitimate legislative mechanism to appoint new elections in single-member constituencies №11 and №71, where Pavlo Baloha and Oleksandr Dombrovski were elected MPs.
Mahera called the decision on withdrawal of deputy mandates from Baloha and Dombrovski unconstitutional. He said that he had studied the operative part of the decision of the Higher Administrative Court, which says that the CEC should appoint special elections on the basis of the law on parliamentary elections. He stressed that, according to the law on parliamentary elections, re-elections shall be appointed by the CEC in case if elections are not held, or, if an MP refuses to take the oath.
He noted that according to the Constitution, after the MP acquires powers, the decision on withdrawal of mandate may be taken only by the Parliament, strictly under the Constitution, which defines only five grounds for such a decision, among them: the death of an MP, loss of citizenship, the entry into force of a conviction against an MP.
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