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المسودة الروسية لمشروع الدستور السوري /البرلمان ينحي الرئيس.

الأثر نيوز/ بغداد
نشرت وكالة “سبوتنيك” جزءا من المسودة الروسية لمشروع الدستور السوري الجديد، وهي تضيف لصلاحيات البرلمان إعلان الحرب وتنحية الرئيس وتعيين حاكم المصرف المركزي وتعيين المحكمة الدستورية.
 
وكان الوفد الروسي إلى مفاوضات أستانا حول سوريا، التي جرت يومي الاثنين والثلاثاء الماضيين، قد وزّع مشروعه المقترح للدستور السوري. وسبق لموسكو أن أعلنت، في مايو/أيار الماضي، أنها تعد مثل هذا المشروع، انطلاقا من نتائج مشاوراتها مع أطراف النزاع السوري ودول المنطقة.
 
صلاحيات الرئيس والبرلمان
 
تقترح المسودة توسيع صلاحيات البرلمان السوري بقدر كبير على حساب صلاحيات الرئيس السوري.
 
وجاء ذلك في المادة 44 من مسودة المشروع، إذ ورد فيها “تتولى جمعية الشعب الاختصاصات الآتية: إقرار مسائل الحرب والسلام، تنحية رئيس الجمهورية من المنصب، تعيين أعضاء المحكمة الدستورية العليا، تعيين رئيس البنك الوطني السوري وإقالته من المنصب”.
 
يذكر أن الدستور السوري الحالي لا يمنح البرلمان هذه الصلاحيات.
 
ولم تشر المسودة الروسية إلى حقّ رئيس الجمهورية بحلّ المجلس النيابي، كما لم تشر إلى إمكانيته تعيين نائب رئيس له، وهما من حقوق الرئيس المسجلة في الدستور الحالي.
 
ويمنح الدستور السوري الحالي الحق لرئيس الجمهورية بـ”حل مجلس الشعب بقرار معلل يصدر عنه”، وأن “يسمي نائباً له أو أكثر، وأن يفوضهم ببعض صلاحياته”.
 
وتقترح المسودة الروسية منح رئيس الجمهورية صلاحية إعلان الاستفتاء حول المصالح العليا للبلاد.
 
وجاء في المادة 59 للوثيقة : “يحق لرئيس الجمهورية إعلان الاستفتاء العام حول المواضيع المهمة والتي تخص المصالح العليا للبلد، وتعد نتائج الاستفتاء إلزامية وتدخل حيز التنفيذ اعتبارا من تاريخ إعلانها من قبل رئيس الجمهورية”.
 
وتقترح المسودة الروسية الإبقاء على مدة ولاية رئيس الجمهورية والمحددة بسبع سنوات مع إمكانية الترشح لولاية واحدة تالية.
 
وجاء في البند الأول والثاني من المادة 49: “ينتخب رئيس الجمهورية لمدة سبعة أعوام ميلادية من قبل مواطني سوريا في انتخابات عامة ومتساوية ومباشرة وسرية، ولا يجوز إعادة انتخاب نفس الشخص إلى منصب رئيس الجمهورية إلا لولاية واحدة تالية”.
 
حصص للأقليات وإزالة الإشارة إلى “العروبة”
 
وتقترح المسودة الروسية إزالة تعابير تشير إلى عربية الجمهورية السورية وإحلال اسم “الجمهورية السورية” للتشديد على ضمان التنوع في المجتمع السوري.
 
ويؤكد البند الأول من المادة الأولى: “تكون الجمهورية السورية دولة مستقلة ذات سيادة وديموقراطية تعتمد على أولوية القانون ومساواة الجميع أمام القانون والتضامن الاجتماعي واحترام الحقوق والحريات ومساواة الحقوق والحريات لكافة المواطنين، دون أي فرق وامتياز”.
 
ويقول البند الثالث من هذه المادة نفسها: “بصفة التراث الوطني الذي يعزز الوحدة الوطنية، يتم ضمان التنوع الثقافي للمجتمع السوري”.
 
كما اقترحت المسودة الروسية لمشروع الدستور السوري الجديد جعل تغيير حدود الدولة ممكناً عبر الاستفتاء العام، واعتبار اللغتين العربية والكردية متساويتين في أجهزة الحكم الذاتي الثقافي الكردي ومنظماته.
 
وجاء في البند الثاني من المادة التاسعة لمسودة المشروع: “أراضي سوريا غير قابلة للمساس، ولا يجوز تغيير حدود الدولة إلا عن طريق الاستفتاء العام الذي يتم تنظيمه بين كافة مواطني سوريا وعلى أساس إرادة الشعب السوري”.
 
فيما جاء في البند الثاني من المادة الرابعة “تستخدم أجهزة الحكم الذاتي الثقافي الكردي ومنظماته اللغتين العربية والكردية كلغتين متساويتين.
 
وتشير المسودة الروسية إلى ضرورة مراعاة التمثيل النسبي لجميع الأطياف الطائفية والقومية لسكان سوريا في التعيينات الحكومية، مع تخصيص بعض المناصب لتمثيل الأقليات.
 
وجاء في البند الثالث من المادة 54 للمسودة: “يكون التعيين لمناصب نواب رئيس مجلس الوزراء والوزراء تمسكا بالتمثيل النسبي لجميع الأطياف الطائفية والقومية لسكان سوريا، وتحجز بعض المناصب للأقليات القومية والطائفية، ويحق لرئيس الجمهورية ورئيس مجلس الوزراء التشاور في هذا الخصوص مع ممثلي جمعية الشعب والمناطق”.
 
مكانة القوات المسلحة
 
تشدد المسودة على عدم جواز استخدام القوات المسلحة في المجال السياسي واضطهاد السكان أو عملية انتقال السلطة.
 
وجاء في البند الرابع من المادة العاشرة بالمسودة: “تكون القوات المسلحة وغيرها من الوحدات المسلحة تحت الرقابة من قبل المجتمع وتحمي سوريا ووحدة أراضيها، ولا تستخدم كوسيلة اضطهاد للسكان السوريين ولا تتدخل في مجال المصالح السياسية ولا تلعب دورا في عملية انتقال السلطة”.
 
أولوية القانون الدولي
 
تؤكد المسودة على سمو القانون الدولي والمعاهدات التي تقرها سوريا واعتبارها جزءاً أساسياً من النظام القانوني للدولة.
 
وجاء في البند الثالث من المادة السابعة بالمسودة: “تكون مبادئ وأحكام القانون الدولي المعترف بها ومعاهدات سوريا الدولية جزءا لا يتجزأ من نظامها القانوني”.
 
يذكر أن الدستور الحالي للجمهورية العربية السورية يخلو من أي إشارة إلى المعاهدات الدولية والتزام الدولة بها.
 
وكان وزير الخارجية الروسي، سيرغي لافروف، قد أوضح أن الجانب الروسي  وضع هذا المشروع مع الأخذ بعين الاعتبار ما سمعه طوال السنوات الماضية من الحكومة والمعارضة ودول المنطقة.
 
هذا وأكدت ماريا زاخاروفا، الناطقة باسم وزارة الخارجية الروسية، أن موسكو لا تحاول فرض أفكار ما على أحد، إنما يكمن الهدف من مبادرتها في تحفيز السوريين، لكي يبدؤوا مناقشة هذا الموضوع، فـ “لن يطرح أي من الطرفين أبدا مشروعا يمكن اعتماده كأساس، إنه أمر مستحيل”.
 
المصدر: سبوتنيك
 
اوكسانا شفانديوك



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