The Ukrainian regime is illegitimate –
but the EU backs it to the hilt
The Ukranian regime that came into existence after President Yanukovich was removed from power on 22 February 2014 is illegitimate.
It is illegitimate because the Ukrainian parliament, the Verkhovna Rada, did not follow the procedure to impeach and remove a president from power set out in the Ukrainian constitution.
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:
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
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
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.
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).
According to Article 94 of the constitution, laws passed by the Rada require the signature of the President to come into force, so no law passed by the Rada since 22 February has been properly enacted.
Putin on legitimacy of
President Putin questioned the legitimacy of the authorities
“Are the current authorities legitimate? The Parliament is partially, but all the others are not. The current Acting President is definitely not legitimate. There is only one legitimate President, from a legal standpoint. Clearly, he has no power. However, as I have already said, and will repeat: Yanukovych is the only undoubtedly legitimate President.
“There are three ways of removing a
President under Ukrainian law: one is his death, the other is when he
personally steps down, and the third is impeachment. The latter is a
well-deliberated constitutional norm. It has to involve the
There is a fourth way – ill health – but, aside from that, Putin is undoubtedly correct.
Acting president not constitutional
The constitution was also breached when it came to the appointment of an Acting President. Article 112  specifies that “the execution of duties of the President of Ukraine, for the period pending the elections and the assumption of office of the new President of Ukraine, is vested in the Prime Minister of Ukraine”.
On 22 February, there was no prime minister – Mykola Azarov had resigned as prime minister on 28 January 2014 (when efforts were being made by Yanukovych to bring the opposition into government) and he hadn’t been replaced. Instead, the speaker of the Rada, Olexander Turchynov (a close ally of opposition leader and former prime minister Yulia Tymoshenko) was appointed as Acting President on 23 February. He had become speaker the day before, upon the resignation of Volodymyr Rybak, an ally of Yanukovych, who resigned that morning because of ill health. The BBC reported that, according to Yanukovych, Rybak “was forced to resign because he had been physically beaten” . Whatever about that, Turchynov became speaker one day and Acting President the next, thereby securing the presidency for the opposition.
Government not representative
The opposition then proceeded to set up a “government” which
is not representative of the east and southeast of
What is more, the government contains five ministers, including the deputy prime minister, from
the Svoboda (Freedom) party, led by Oleh Tyahnybok, which was described by the European Parliament as
holding “racist, anti-Semitic and xenophobic views” that “go against the
EU's fundamental values and principles” . It
seems to believe that
The EU (and the
Sanctions for undermining democratic processes
Ironically, on 6 March 2014, President Obama signed an
Executive Order that “authorizes sanctions on individuals and entities
responsible for activities undermining democratic processes or institutions in
18 March 2014