How William Hague Deceived the House of Commons on Ukraine | David Morrison - 0 views
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In a statement on 4 March 2014, Foreign Minister William Hague deceived the House of Commons about the legitimacy of the new regime in Ukraine. He led the House to believe that the Ukrainian parliament, the Verkhovna Rada, had removed President Yanukovich from power on 22 February in accordance with the Ukrainian constitution. "It is wrong to question the legitimacy of the new authorities", he said. It is simply untrue that the Rada followed the procedure laid down in the Ukrainian constitution to impeach and remove a president from power. Article 108 of the constitution specifies four circumstances in which a president may cease to exercise power before the end of his term. Those are: resignation; inability to exercise his or her powers for reasons of health; removal from office by the procedure of impeachment; death.
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The procedure for removal from office by impeachment is laid down in Article 111. It is not unlike that required for the impeachment and removal from power of a US president, which could take months. Thus, Article 111 obliges the Rada to establish a special investigatory commission to formulate charges against the president, seek evidence to justify the charges and come to conclusions about the president's guilt for the Rada to consider. To find the president guilty, at least two-thirds of Rada members must assent. Prior to a final vote to remove the president from power, the procedure requires the Constitutional Court of Ukraine to review the case and certify that the constitutional procedure of investigation and consideration has been followed, and the Supreme Court of Ukraine to certify that the acts of which the President is accused are worthy of impeachment. To remove the president from power, at least three-quarters of Rada members must assent. The Rada didn't follow this procedure at all. No investigatory commission was established and the Courts were not involved. On 22 February, the Rada simply passed a bill removing President Yanukovych from office.
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Furthermore, the bill wasn't even supported by three-quarters of Rada members as required by Article 111 - it was supported by 328 members, when it required 338 (since the Rada has 450 members). Nevertheless, justifying UK support for the new regime in Kiev in the House of Commons on 4 March, William Hague said: "Former President Yanukovych left his post and then left the country, and the decisions on replacing him with an acting President were made by the Rada, the Ukrainian Parliament, by the very large majorities required under the constitution, including with the support of members of former President Yanukovych's party, the Party of Regions, so it is wrong to question the legitimacy of the new authorities." That gives the impression that the procedure prescribed in the Ukrainian constitution for the removal of a president from office had been followed, when in fact it hadn't and therefore the new authorities in Kiev are illegitimate. President Putin questioned the legitimacy of the authorities in Kiev at his press conference on 4 March, just before William Hague spoke in the House of Commons:
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Although directed at comments made by the UK Foreign Minister, similar statements were issued by the Obama Administration. What happened in the Ukraine was a coup, not a legitimate impeachment of its President. Notice that the article's link to the Ukraine Constitution is now dead. Among the coup leader's other unlawful actions, post-coup the Ukraine Rada repealed the former constitution by simple majority and reinstated the Constitution of 2004. But the enacting legislation was never signed by Ukraine's President, who had fled into exile. Moreover, the 2004 constitution had already been declared void by Ukraine's Constitutional Court because of procedural violations, repeated in its re-enactment. See https://en.wikipedia.org/wiki/Constitution_of_Ukraine#2004_and_2010_amendments_and_alleged_2014_return_to_2004_amendments It definitely was a coup, not a legitimate transfer of power.