Bizarre statement of Secretary Kerry on the legitimacy of present government in Ukraine

Dear Sir 

 

On March 4, 2014 the US Secretary of State John Kerry issued a bizarre statement from Ukraine to the effect that present President of Ukraine has legitimacy because people’s representatives have put him in Presidency.

 

This statement of Secretary Kerry tantamount to saying that people’s representatives (the members of US House of Representatives / Senate) can put some US President of their choice in White House by removing elected US President Obama through unconstitutional impeachment proceedings on the demand of some violent American protesters on street. 

 

The people’s representatives do not elect President of Ukraine indirectly as is the case in India etc where Members of Parliament and Legislative Assemblies elect the President. On the contrary, in Ukraine as in USA, people of Ukraine elected President Yanukovych directly. 

 

In every democratic country, President can be removed by impeachment but only through due process of law & constitution. As per Article 111 of Ukraine Constitution, the President may be removed from office by the Rada (Parliament or Congress) of Ukraine on impeachment if he commits treason or other crimes. 

 

But as per Ukraine constitution it is necessary that – “[the decision to remove the President of Ukraine from office on impeachment adopted by the Verkhovna Rada of Ukraine of not less than three-fourths of its constitutional composition after checking case the Constitutional Court of Ukraine and getting his opinion on compliance with the constitutional procedure of investigation and impeachment proceedings and obtaining the opinion of the Supreme Court of Ukraine that of which the accused the President of Ukraine, contain elements of state treason or other crime]”. 

 

Before removing President Yanukovych, the Rada did not consult Supreme Court / Constitutional Court of Ukraine for the simple reason that EVEN in the absence of President Yanukovych the Court, as per tenets of jurisprudence, would have certainly gone into the question of use of brute force by protester during agitations, which culminated in a coup which constrained President Viktor Yanukovych to leave the country. Therefore, there is no legitimacy in removal of President Yanukovych and in the installation of present President and his government in Ukraine. 

 

It is surprising that US government (which is committed to the spread of democracy world over including in NAME countries through ‘Arab Spring’) is indulging in anti-democratic policies by not only supporting & recognizing such illegal and usurper government but also by providing Billions of Dollars to consolidate such present illegal government in Ukraine.

 

Yours truly

 

Hem Raj Jain

(Author of "Betrayal of Americanism")

67- Heath Ct. Pennington, NJ - 08534, USA

Mo: 609-638-6013