Tuesday, October 22, 2013

Yanukovych has the power to pardon Tymoshenko

A Presidential Ukaz [Edict], 902/2010,  "On the Regulation of Procedure for Realising [presidential] Pardons", passed by Yanukovych himself, gives details of who can and who cannot apply to a presidential commission for a pardon, and on what conditions a pardon may be granted. Applications are submitted to presidential commission who advise the president on any ultimate decision.

The president naturally has the power to amend any ukazes he has written, or his predecessors have written, if he so desires. This is the case with this current ukaz 902/2010, which annulled previous presidential ukazes on the granting of pardons passed both by Kuchma and Yushchenko.

Ukraine's Constitution is crystal clear:

Article 106 states: The president shall: .....23) grant pardons;
There are no exceptions, no qualifying phrases...nothing...

The president therefore could quite legitimately pardon Yulia Tymoshenko by ukaz. In the edict he could merely add that because of the extraordinary circumstances, on this occasion, the terms of ukaz 902/2010 do not apply. That's it. Job done...no messing with parliament at all.

Yanukovych has often said that the Tymoshenko problem has to be resolved by legal means..The above solution would be quite legal..no-one could challenge it..

But we know Yanik is a bit of a coward...wants someone else to do the dirty work and clear up the mess he made..... does not want to look like a twat...

p.s. Check out this video of Catherine Ashton after today's EU Foreign Affairs Council, answering two questions on Ukraine. She makes the EU's position pretty clear....

No comments: