President of Ukraine Viktor Yushchenko has surprised everyone again today by appointing Stepan Havrysh [see photo] as a Constitutional Court judge. The text of the decree is posted at the official web site of the President.
Havrysh is a doctor of legal sciences, honored lawyer of Ukraine,and member of the Supreme Council of Justice. He heads the “All-Ukrainian Union “Center” political party. At the2006 VR election, he balloted on the list of “Ne Tak!” opposition bloc, which bombed badly.
He was the pro-Kuchma parliamentary majority co-ordinator in the VR, a former VR Vice-Speaker, and a former CC court judge. Stepan Havrysh had represented Viktor Yanukovych's interests in the Supreme court during the OR, and in the Central Election Commission. He was is aligned with the Social-Democratic Party [united] and was regarded as one of Yanukovych's most loyal allies.
A clue as to why he may have been selected by Yush. is provided by an interview he gave at the end of March in which he suggested that the Constitutional Court be disbanded.
In his opinion, the CC was incapable of operating properly, and in more than 8 months had not delivered one decision.
"The CC is incapable of carrying out its duties in a professional manner. The CC must realize, that it will today either become political hostage and be politicized, and it will bear responsibility for its political solutions, " he noted.
Havrysh said, "The best solution for this situation is the court's resignation, and formation of a new court."
He added that the court can only be dissolved by an act of self-dissolution, because there is no defined procedure for early resignation, with exception of violation of oath of office [which is what Yush used in his ukases to sack two CC judges recently]
Havrysh considers that the CC must be bi-cameral, and be empowered to examine complaints of citizens about violations of constitutional rights and freedoms.
He noted that the judges must be assigned by the President and parliament only, with over 300 deputies voting, so that the opposition also participate in the process.
"Judges must not be the representatives of the political majority. Or else we will soon arrive at a situation where the entire judicial system and all organs of authority which are appointed by parliament, will, one way or another, belong to the political majority," he said.
Havrysh pointed out that decisions made by the CC are unique in Ukraine, because they cannot be challenged or protested by anyone, i.e. they have even more power even than the constitution, which can be altered by parliament.
"Under these conditions the CC's responsibility for its decisions is very special. Possibly this is the reason why the CC has not made any rulings until now," he noted in the interview.
The VR ruling coalition have responded to Havysh's appointment by refusing to accept it. A spokesman said on TV tonight: "I emphasize Mr Havrysh is not a CC judge."
LEvko thinks that PoR are getting a bit worried. Havrysh and new P-G Svyatoslav Piskun are 'big beasts' in Ukrainian politics and very useful allies for the pres. Some say Yush is a 'new man' since April 2nd.
Just as an aside, is the same Havrysh who, as co-ordinator of the pro-government parliamentary coalition, and following the infamous egg-throwing incident in Ivano-Frankivsk during the OR presidential election campaign, said "Yanukovych was hit by an egg in his temple and collapsed from a "pain shock"?
Video footage showed the egg had struck Yanuk in his substantial abdomen.