In accordance with applicable law, the President can decide to hold early parliamentary elections no earlier than August 27, Deputy Chairman of the Central Election Commission (CEC) Andriy Mahera told Ukrinform in an interview.
“The President will get grounds for making such decrees no earlier than August 27. But to publish such a decree, the President shall, according to the law and the Constitution, consult with the Chairman of the Verkhovna Rada, his deputies and leaders of parliamentary factions. Only after consultations, regardless of their results, the President has the right to issue a decree calling early elections,” he said.
Mahera argued his position by the fact that since the dissolution of the coalition was declared on July 24, so the last day of a month period, when the parliament was still able to form a coalition, could be August 24. But that day is a public holiday, August 25 will also be a day-off.
According to the CEC official, there is an interpretation by the Constitutional Court regarding a constitutional deadline. According to the explanation, if the last day of the constitutional deadline falls on a holiday or a day-off, the last day of such period should be considered the next working day, which will be after it.
“Therefore, the last day, when a coalition could be formed, is August 26,” Mahera said.
At the same time, he stressed that a certain period, during which the President would have to complete consultations with the representatives of the parliament to hold early elections, does not exist, therefore it is not necessarily that the decree may appear on August 27.
“The president can do it both on the first day, and on the tenth day, and on the fifteenth. Another thing is important here – he cannot issue the decree without such consultations. Everyone for some reason understands it in the way that the President should issue the decree literally on the first day after a certain fact. No, he can issue the decree on any day. It is important that this term, when the coalition is not formed, is not interrupted,” the CEC deputy head noted.
АМ
13.08.2014 12:27
