Crimea’s forces storm Ukraine navy HQ as court considers Yanukovych’s future

While Ukraine’s Minister of Defence heads to Crimea in an attempt to defuse escalating tensions between Ukrainian soldiers and pro-Russian forces, a court case has been launched in Kyiv that could add even more instability to the country.

Several hundred of Crimea’s self-defence troops stormed the Ukrainian naval base in Sevastopol on Wednesday, raising the Russian flag and ordering soldiers to leave. The Ukrainians did not offer any resistance. The move came a day after two soldiers died, one Ukrainian and one pro-Russian, and three were injured in a similar raid at a Ukrainian base in the Crimean capital of Simferopol.

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Prime Minister Arseniy Yatstenyuk has ordered Defence Minister Ihor Teniukh and First Deputy Prime Minister Vitaliy Yarema to go to Crimea to negotiate a solution “and prevent it from turning into a military conflict,” a government spokesman said.

While the world’s attention is focused on Crimea, a drama played out in a Kyiv court room that could increase tension. The country’s High Administrative Court heard arguments Wednesday on a motion that sought to see the return of ousted President Viktor Yanukovych.

A lawyer from Donetsk, a city in eastern Ukraine where Mr. Yanukovych comes from and which has a large ethnic Russian population, has challenged the former president’s removal arguing it was done illegally.

Volodymyr Olentsevych argued that under the country’s constitution there are only four ways a president can give up power: because of illness; resignation; death or impeachment. Mr. Olentsevych said none of those happened in this case.

“Every act of parliament [after Mr. Yanukovych left] is not legal and this all has to stop now,” Mr. Olentsevych said in an interview outside the court. “Mr. Yanukovych has to be returned to Ukraine and go through a legal mechanism to remove him from presidential office. And then they can move forward with what they want to do.”

Mr. Olentsevych said he is not taking a political or ideological stand. “It’s the letter of the law,” he said. Mr. Yanukovych “is the legitimate president today regardless of the politics involved. If you build a building without a good foundation the building will collapse.” The new government, he added, “has to start from a clean slate.”

A lawyer representing the new government argued in court that parliament had a right to take action to replace Mr. Yanukovych because he left the country. Mr. Yanukovych fled Kyiv on Feb. 22, after violent clashes between protesters and police left more than 80 people dead. Under the constitution, parliament can act to replace the president when there is a vacancy, the government lawyer said. The lawyer also argued the administrative court lacked jurisdiction.

After a short hearing the panel of five judges ruled that the case would have to brought before the country’s Constitutional Court. Mr. Olentsevych told reporters that he is not authorized to bring cases before that court, however others have come forward with similar suits that are expected to be filed.

The case is being closely followed in Kyiv and the courtroom was packed with media and spectators. Many fear the lawsuit will undermine the new government because it touches on arguments raised by Mr. Yanukovych and Russian President Vladimir Putin.

Mr. Yanukovych, who is now in Russia, has insisted that he is still the legitimate president of the country and that he was ousted in a coup. Mr. Putin has also argued that Mr. Yanukovych was removed illegally and the Russian President has used that as an excuse to send troops into Crimea. And the local government in Crimea has cited Mr. Yanukoych’s removal as the basis for holding a referendum to join Russia, arguing that it was a violent overthrow of a duly-elected president and has led to chaos in Ukraine. The vote passed with nearly 97 per cent support and on Tuesday Russia formally annexed the territory.

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