The Ukrainian Constitutional Court annulled the 2004 changes to the constitution, and turned the country back to its constitutional state in 1996.

Source: The Epoch Times

KIEV, Ukraine -- Changes were made to the Ukrainian Constitution on Friday that make the president the dominant power and throw the country into legal uncertainty.The Ukrainian Constitutional Court annulled parts of the constitution introduced in 2004 to expand Parliament's rights.The recent decision buried amendments made to Ukrainian law during the Orange Revolution in December 2004, to narrow the president’s power and take pro-West Viktor Yushchenko to the presidency.While the changes were adopted, tens of thousands of people protested in the streets of Kyiv over presidential election results that announced Viktor Yanukovych as the victor, and what were highlighted by mass fraud.There was concern that authorities would use force to quell demonstrations.Parliament's changes to the constitution have made Ukraine into a parliamentary republic, and allowed for a third round of elections which led to Yushchenko's presidency.The amendments gave Parliament the power to approve key positions including the prime minister, foreign minister, and general prosecutor with the president's recommendation.The court said the 2004 changes were unconstitutional, as parliament violated procedures in their examination and adoption.The recent decision has returned Ukraine to its 1996 constitution and renews the president's power in the country. The ruling was initiated over the summer by 252 deputies from a pro-Yanukovych parliamentary governing coalition.Former Orange Revolution leaders tried to make a similar shift after coming to power, but failed due to a lack of political support.“[The changes] have made the government unbalanced and laid many political 'bombs' on the road toward reforms,” the third Ukrainian President Victor Yushchenko said in a translated statement.“I felt that every day as president and all my initiatives were smashed by the irresponsibility and insufficiency of authorities,” he added.The 2004 changes often caused disagreements between the president, primer minister, and Parliament, which led to periodical political tensions and left Ukraine stagnating on the way to carrying out reforms.The recent court ruling follows a shift in judges at the Constitutional Court, in favor of Yanukovych.After Russia-leaning Yanukovych took office in February, the court supported him by allowing him to form a governing parliamentary coalition by allowing deputies to join individually.Traditionally, only factions or parties could join together to form a minority or ruling coalition.Former Ukrainian President Viktor Yushchenko criticized Yanukovych of being stubborn and set on boosting his authority in the country, rather than implementing political and economic reforms.“The authorities still only pursue concentrating their power, while the discussion of reforms remain but discussions,” he said.Political camps, lawyers, and analysts in Ukraine agree that the 2004 changes were adopted with serious violations, but say the court’s decision makes all governing systems in the country fragile, because all appointments, laws, and changes were made due to the 2004 constitution.Analysts say that the question of whether Yanukovych will centralize his power in the country remains open and uncertain.Press freedom has declined sharply in Ukraine since Pro-Russia Yanukovych assumed power earlier this year. Journalists complain that the government has become less responsive.The opposition quickly responded to the court ruling by accusing Yanukovych of building a dictatorship in Ukraine and calling for unscheduled presidential and parliamentary elections. It also called on the constitutional judges to resign.“The conclusion can be only the following: the president, Parliament, and the government—they must all be re-elected in urgent presidential and parliamentary elections,” former Prime Minister Yulia Tymoshenko said in a translated statement.Authorities are unlikely to follow the suggestions, however, as they say they will implement any decision by the Constitutional Court, and will use all means to shoulder reforms in the country.“All governmental bodies and all officials remain legitimate and carry out their duties during the period they were elected or appointed,” Justice Minister Alexander Lavrinovich said on Ukrainian TV station, Inter, translated from Ukrainian.Lavrinovich added, “So speaking about unscheduled presidential or parliamentary elections it is a fantasy and desire.”