The Constitutional Court of Ukraine has declared unconstitutional the current provisions of the regulations of the Verkhovna Rada concerning the election of the speaker by secret ballot.
The court made this decision on Wednesday, July 11, having considered an application from 51 MPs regarding the constitutionality of the provisions of the parliament's rules of procedure on the mechanism for electing parliament speaker.
The court ruled that the regulation of the Verkhovna Rada, according to which the chairman of the parliament should be elected by secret ballot, is unconstitutional. The Constitutional Court also declared unconstitutional the regulation, according to which the voting paper should receive votes of at least two thirds of the total number of people's deputies.
The court also declared unconstitutional the regulation under which the chairman of the parliament should be elected or dismissed via a secret ballot, as well as the regulation under which the vote on the election or dismissal of the chairman of the parliament is considered valid if at least two thirds of the total number of people's deputies took part in it.
All of the relevant regulations of the Verkhovna Rada lost effect from the day of the approval of the decision by the Constitutional Court.
While explaining its ruling, the Constitutional Court said that under the main law the chairman of the Verkhovna Rada should be elected and dismissed at an open parliamentary sitting. The court stated that the regulation on secret voting does not ensure the open work of the Verkhovna Rada, and thus violates the Constitution of Ukraine.
"The Constitutional Court of Ukraine thinks that election of the chairman of the Verkhovna Rada via a secret ballot allows for the decision to be taken not at the Verkhovna Rada's plenary sitting, and contradicts the Constitution of Ukraine, according to which the Verkhovna Rada must approve decisions only at plenary sittings," reads the ruling of the court.
The court added that the constitution only demands that necessary number of people's deputies be present at the sitting when the Verkhovna Rada decides on the issue.
As reported on July 3, the Verkhovna Rada adopted the language bill in the absence of Verkhovna Rada Chairman Volodymyr Lytvyn, which triggered a series of protests in Ukraine. Lytvyn refused to sign the law and tendered his resignation, but lawmakers refused to consider his statement.
On July 4, the Verkhovna Rada introduced amendments to its rules of procedure on the election, appointment and recall of its officials. According to the adopted law, the decision on the election of parliament speaker is made through an open roll-call vote by a majority of deputies of the constitutional composition. Earlier, the speaker was elected by secret ballot by two thirds of MPs.
On July 11, Lytvyn sent a letter to the Constitutional Court regarding an application from 51 MPs saying that the procedure for electing the Verkhovna Rada head is a matter of the internal organization of the parliament's work, which is beyond the competence of the Constitutional Court.
