Ukraine’s Constitutional Court cancelled the 2004 constitutional amendments that restricted presidential powers and turned the country into a parliamentary-presidential republic. The ruling — prompted by a petition from more than 250 pro-Yanukovych MPs in the Ukrainian parliament — overturned the 2004 changes, introduced during of the Orange Revolution, in favour of the original version of Ukraine’s 1996 Constitution. “The court has ruled that the 2004 amendments to the Ukrainian constitution were unconstitutional due to violations of constitutional procedures in their examination and adoption,” said Anatoly Golovin, the head of the court.

The 2004 changes gave lawmakers the powers to appoint key ministers like the prime minister, defence minister and foreign minister on the recommendation of the president, although other ministerial appointments are the preserve of the premier. The amendments also increased the term of parliament from four years to five.

Under the 1996 Constitution, which has again entered into force as of Oct. 1, 2010, the president is elected for five years, nominates candidates for prime minister (for parliamentary ratification) and appoints cabinet ministers, has the right to dismiss government without parliamentary approval and can cancel any government resolution. The parliament, on the other hand, is elected for four years, is not required to form a majority coalition, can dismiss the government by vote of no-confidence and can override presidential decrees by two-thirds parliamentary majority, or 300 votes.

“The Constitutional Court decision means the Constitution of 1996 has entered into force with immediate effect and we are already living in a presidential republic,” said Ihor Kolyushko, former presidential aide to ex-president Viktor Yushchenko. “This was their goal [of the presidential administration] and they seem to have achieved it.” According to Kolyushko, the Constitutional Court decision implies elections already in 2011. “According to the 1996 Constitution, which is now again in force, parliament is elected for four years, meaning there should be elections in March 2011.”

Opponents of Yanukovych say that the ruling is part of an attempt to make the country more authoritarian. “The court has discredited itself. This decision borders on an abuse of power,” said the deputy head of Yulia Tymoshenko’s parliamentary opposition faction, Olena Shustik. Yanukovych, meanwhile, called on all branches of political power to observe “the rule of law” and accept the decision. Speaking in Yalta on Friday, the president said that “Ukraine was and remains part of the common European democratic space.” The country’s leadership “will move along the path of a broader social dialogue and legitimate solutions,” Itar-Tass quoted him as saying.

The country’s “further constitutional transit” will be linked only with stronger democracy and local self-government, Yanukovich said. He also promised that human rights and freedoms would be guaranteed.

Article – BBC – October 1^st, 2010