Back to the RBSF deal……the Lease and the Constitution

April 23, 2010

Well dear readers, I was intrigued by my post yesterday as to how both Yushenko and Yanukovych both felt it in their power to extend the RBSF lease in Ukraine without a breach of the Consitution of Ukraine.

As I said, when Yushenko was President he claimed he would not extend it……and yesterday Yanukovych did……both inferfing they had the power to do so without Constitutional change.

The answer lays (unbelievably) within the Constitution of Ukraine itself.

Whilst Article 17 states no foreign troops can be stationed on Ukrainian soil…….and remember the current lease to the RBSF was drawn up years before the Ukrainian Constitutition…….there appears to be recongition of this in the Constitutution:

Ukraine’s Constitution allows the continuance of the existing lease agreement which also includes the right for an extension.

“Chapter XV (14)
The use of existing military bases on the territory of Ukraine for the temporary stationing of foreign military formations is possible on the terms of lease, by the procedure determined by the international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.”

Now ratification of the extention is simply a majority vote in the RADA.  The minimum number of votes needed is 226…….and PoR has 241 as their majority.

Done deal and no violation of the Ukrainian Constitution it seems.

Now, Yatseniuk is asking the President not to ratify this deal in the RADA…….as it seems he knows the Constitution………Tymoshenko is claiming it is a breach of the Constitution under Article 17…….so she obviously does not know the Constitution……or at least is very unfamiliar with Chapter XV (14) of Ukraine’s Constitution allowing the continuance of the existing lease agreement which also includes the right for an extension, despite being Prime Minister for over 4 years……..bit worrying that!

The Ukrainian Constitution is on line for anyone to check it……..she is going to look pretty stupid if she doesn’t acknowledge this very quickly.

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