Ukrainian politics

Game over?

The general international reaction on the events in Ukraine was very neutral with the main message that Ukraine should be strong enough to get out of the crisis it faces. Except for the Russia's second reaction, which followed much later and which accused Mr. Yushchenko in breaking the law and the Constitution of Ukraine


By ANNA TKACH
from Kiev, UKRAINE


Political crisis in Ukraine is almost no longer discussed in the world media. Why? Is it because the crisis is over or because the problems have not been solved and the next endless amount of phases follow which makes the general overview more sensible than the detailed observation?

So, to remind the general line. In 2004 the consensus between the "orange" (Mr. Yushchenko "Nasha Ukraina", Ms. Timoshenko "BYT" and Mr. Moroz "Socialistic party") and the "blue"s (Mr. Yanukovich "The Party of Regions", Mr. Simonenko "The Communist Party") teams was achieved: Mr. Yanukovich (who by that time was the formal winner of the presidential elections) agreed to start the third round of the presidential elections (which Mr. Yushchenko had won) and in exchange the political reform of 2005 was voted in the Parliament. This reform was actually elaborated a bit before that by the ex-president Mr. Kuchma. It changed Ukraine from the presidential republic into the parliament-presidential one by restricting the power of the president. On March 26th, 2006 the new parliament was elected.

But before that an interesting story involving the so-called gas conflict between Russia and Ukraine happened. The Parliament gathered on Jan 4th, 2006 in order to discuss the gas treaty and decides to resign the government - cabinet of ministers - (by that time consisting of the "orange" ministers) with the motivation of non-professional and non-patriotic attitude to the gas question. As a response, Mr. Yushchenko threatens to dissolve the parliament and "Nasha Ukraina"("NU") offers to introduce the direct governance of the President. This makes the situation difficult because according to the political reform, the parliament is already in power to retire the government, but cannot actually appoint a new one before the majority is formed. In his turn the President can neither dissolve the Parliament, nor appeal the decision before the Constitutional Court has a new quorum of the judges - absent at that time.

The of that time PM Mr. Ekhanurov cannot answer two main questions: what will be the price for the fuel in the 2nd half of 2006 and why is Ukraine getting gas through a mediator - RusUkrEnergo company with unknown founders. 250 out of 450 deputies have voted for the resignation of the government. Mr. Yushchnko learns that during his congratulating visit to Kazakhstan to Mr. Nazarbaev on the matter of his 3rd inauguration. Mr Yushchenko accuses the Parliament in the anti-constitutional actions.

Countless mutual accusations and rows

Back or rather forward to the elections: five parties and blocks passed into the parliament: Party of Regions - 32.14%, BYT - 22.29%, "NU" - 13,95%, Socialists and Communists. The "orange" team destroyed itself through countless mutual accusations and rows. As soon as it collapsed the Parliament started to get the notoriuos political reform filled with concrete laws because before that it was just a declaration which Mr. Yushchenko signed in order to get the third round of elections without the escalation of the conflict.

And the law about the cabinet of ministers (With a new PM - Mr. Yanukovich) which was the law representing the political reform (giving them the power which is taken from the president) came into light. I remind: Mr. Yushchenko has signed this in early 2005. And in 2006 Mr. President interposed a veto on this law 8 times. The veto couldn't be overcome because the majority (the Party of Regions) lacked voices. Ms. Timoshenko (who had been first appointed and then fired from the post of the PM by Mr. Yushchenko) had agreed to vote with the "Regions" and the veto was broken by 366 votes (300 was needed). "NU" had left the parliament saying that the majority is trying to usurp the power. Why did Ms. Timosheko do this? Some experts assume that not only revenge was on stake but the "Regions" helped her in exchange by voting two laws: about the status of the opposition and the so-called imperative mandate (the law which controls the members of the party by electing them on the proportional system and restricting their movements within the party and among the parties) which she wanted but lacked votes.

Back to the law about the Cab Min - so, according to it the President can only suggest the Prime Minister candidature and the "power train" ministers. If he fails to do so - the Parliament does it instead. All the acts, decrees and laws signed by the President come into force only after they are approved and signed by the PM and the minister in whose field they act. These ministers may decline the laws offered by the President and the President must regard the amendments. Moreover, the Cab Min starts to work after the 2/3s of the ministers took their oath while before this reform one minister not having taken the oath was enough for the President to dismiss the Cabinet which of course allowed the President to control the Cab Min. This was the law the President didn't want to pass, but it passed.

Shortly after that, on April 2nd Mr. President issued his first decree dissolving the Parliament and appointed the elections on May 27th ; his representatives and he himself claimed that the decree is based on the article 90 of the Constitution of Ukraine. He claimed that the deputies were migrating to the parties of the parliamentary majority (the regions, the communists, the socialists) thus allowing them to accept any laws and therefore usurping the power. The majority in the Parliament wouldn't agree with the lawfulness of the decree and address to the Constitutional Court (CC). The President in response had addressed to the General Prosecution with a request to consider the legitimacy of the Parliament's unsubordination to the Presidential decree.

According to the article 90 of the Constitution of Ukraine the President has the right to dismiss the Parliament in 3 cases: 1. during one month after the election the coalition cannot be formed in the parliament according to the article 83 of the constitution, 2. during 60 days after the dismissal of the Cab Min the new one cannot be formed, 3. after the elections the Parliament cannot start its work during 30 days.

Art. 83

Art. 83 deals upon the work of the Parliament. Here is the aspect which Mr Yushchenko appealed to: the coalition is formed on the basis of fractions and not individuals and the deputies migrating from one party to the other may create the possibility of usurping the power. Some deputies did migrate and these from the parties "BYT" and "NU" agreed to vote together with the "Regions" in order to implement the amendments to the Constitution reinforcing the notorious political reform and the Law on the Cab Min. The coalition determined to wait till the CCt decides and Mr. Yushchenko and his surrounding insisted on the immediate execution of the presidential decree and realization of the elections.

The Parliament prohibited the government (the Cab Min) to finance the elections (according to the rough estimate of the economists this would cost 60 to 100 million US dollars). For this regulation voted as well almost the entire Cab Min, except for Mr. Yatsenyuk, Min of Internal Affairs and Mr. Gritsenko, Min of Defence (both belong to the Presidential quote). Additionally, the Parliament had fired the personnel of the CEC (Central Elections Committee) with its head Mr. Davidovych and restored the old staff (which was fired by the President for the accusation in the falsification of the election results 2004) But the President considered this regulation anti-constitutional and didn't support it. The conflict arouse. PM Mr. Yanukovich offered a compromise - to cancel the Presidential decree and not to dissolve the Parliament and the Parliament will cancel all the resolutions and laws accepted after the Presidential decree. In different periods of time after the 1st presidential decree had been issued, the documents accepted by the Parliament were: a resolution blaming the President's pressure on the CC; an address to the nation stating that the 1st Presidential decree was anti-constitutional, promising the Parliament to concede to any decision of the CC and offering a compromise in the elections of both the President and the Parliament as well as the referendum on the matter of entering the NATO; a decree on creation of the special committee which would find the people from State Security Commitee (SSC), who were bugging the CC and pressing on the judges; the address to the world community on the matter of political crisis in the country. Additionally, the deputies from the parties "NU" and "BYT" would get the status of the non-party deputies and the Parliament will go on vacations till April 17th. The President wouldn't agree with this offer and the negotiations started.

The neutral international reactions

The general international reaction on the events in Ukraine was very neutral with the main message that Ukraine should be strong enough to get out of the crisis it faces. Except for the Russia's second reaction, which followed much later and which accused Mr. Yushchenko in breaking the law and the Constitution of Ukraine.

The CC had to start hearing the case on the legitimacy of the 1st Presidential decree but could do it only on April 17th for the judges complained on a pressure on them. And its chairman Mr. Dombrovsky tried to retire for the reason of the pressure on him but the judges of the CC wouldn't let him leave. PM and the Speaker of the Parliament - Mr. Moroz - have supported Mr. Dombrovky and claimed that he had truly been pressed upon.

Mr. Yanukovich offers a second compromise - to lead both the Parliamentary and Presidential elections. This compromise, as well as the first one had been declined by the President and his surrounding. Meanwhile the General Prosecution with the General Prosecutor Mr. Medvedko has however refused to check the legitimacy of the Parliament's decrees, alluding to the Law on Prosecution, which doesn't allow it to assess the decrees of the Parliament.

The Majority is calling people on Majdans in the actions of the protest and the number of the tents of the protestants against the President and his decrees grew to 506. The situation with the CC becomes tense because only the judges, appointed by the presidential quorum support him. And very soon the SSC accuses the judge of the CC Ms. Stanik of bribery. She hasn't however recognized this accusation and 11 against 6 judges supported her offer to continue working on the case of the legitimacy of the Presidential decree. And the General Prosecution refuses to bring an action against Ms. Stanik because of the absence of the corpus delicti.

Ms Timoshenko had reacted immediately and had called Mr. Yushchenko upon ignoring the decision of the CC and to carry out the election whatever the decision of the court will be. The centre of events moves from the Parliament to the CC - the opposition (NU, BYT, PORA, People's Selfdefence(a party headed by the ex-Internal Affairs Minister and President's friend Mr. Lutsenko)) has blocked the entrance to the CC in order not to let the judges in.

The heads of the BYT and NU announced that the deputies from their parties will abdicate their power and thus, according to the Constitution, which reads, that absence of more than 1/3 of the deputies is the reason for the Parliament to be dissolved, not waiting for the CC decision, the elections will come. But 13 NU members and some BYT deputies refused to lay down their power.

The Parliamentary Assembly of the European Council accepts a resolution demanding to wait till the decision of the CC court and to obey to it. Meanwhile Mr President expresses his dissatisfaction with the work of the General Prosecutor - Mr. Medvedko, and his inertia in the case of the legitimacy of the Parliament's decrees, Mr. Yushchenko had directed there. At the same time the opposition calls the President to fire the General Prosecutor and the current Minister of Internal Affairs Mr. Tsushko (because the latter refused to participate in the conflict).

Regulating crisis

The working group on the regulation of the crisis had been created (its members: NU leader Mr. Kirilenko, Mr. Turchinov (BYT), Ms. Bogatiryova (The Regions), Mr. Martinyuk (1st vice-speaker), Mr. Simonenko (The Communists)). But its work turned out to be ineffective and the negotiations failed, for both conflicting parties wouldn't agree on the core questions.

On April 26th Mr Yushchenko issued his second decree dissolving the Parliament but appointing the elections on June 24th. His previous decree he cancels. In the new decree he again alludes to the art. 90 of the Constitution. The Parliament and the PM still wouldn't recognize the decree number 2. The Parliament had registered the draft resolution on the beginning of the impeachment procedure which was introduced by the Regions, Communists and two deputies which left BYT. Another resolution, on the Presidential elections had been voted by the 234 deputies out of 254 present on the sitting.

Mr. Yushchenko fires Mr. Medvedko (General Prosecutor) and restores on this position Mr. Piskun (Whom he himself had fired in 2005). Mr. Yushchenko fires the judges of the CC: Ms. Stanik (for bribery), Mr. Pshenychniy ("who had broken the oath") - with only 16 judges left - and later appointed Mr. Gavrish, his devoted companion, as a judge in the CC. with his another appointment Mr. Yushchenko threw Mr. Moroz (the speaker) and Mr. Medvedko (ex-General Prosecutor) out of Council of the National Security and Defence, simultaneously appointing Mr. Piskun in there.

Min of Justice Mr. Lavrinovich stated that Mr. President had no right neither to fire nor to appoint the judges of the CC, for this right has only the CC itself or the Parliament. PM supported the statement, as well as the majority of lawyers did. So the coalition (the majority) didn't recognize Mr. Gavrish as a judge - this appointment wasn't signed by the PM and by the Min of Justice (according to the political reform, remember?) neither did Mr. Gavrish take the oath in the CC. But the President wouldn't agree and he had appointed a new judge to the CC - Mr. Kostitskiy.

Assumably in response to these actions, the new General Prosecutor Mr. Piskun appoints as deputy General Prosecutor… Mr. Medvedko. After another meeting PM and the President have announced that they have found a consensus and, according to what Mr. Yushchenko said, all the technical questions are to be resolved by the working group and then voted by the Parliament. How the Parliament would vote if according to the Presidential decrees it is illegal? No problem, the President will "suspend" the action of his decree.

This working group consisted of Ms. Timoshenko (BYT), Mr. Kirilenko (NU), Mr. Plyushch (ex-speaker of the Parliament and now the secretary of the Council of the National Security and Defence) and Mr. Vasuynik (1st deputy head of the Secretariat of the President) - from the side of the President and Mr. Azarov (ex-PM), Ms. Bogatiryova (The Regions; the coordinator of the parliamentary majority) and Mr. Martinyuk (1st vice-speaker). The communists and the socialists (the allys of the Regions) were not invited.

A bit later, on May 10, Mr. Yushchenko fires the third judge of the CC - Mr. Ivashchenko - with same motivation - "the break of the oath". On May 24, the President, in response to the summons to the General Prosecution on the case of the poisoning of the President, fires the General Prosecutor Mr. Piskun, this decree was announced by Mr. Plyushch in the building of the General Prosecution. However till the decree is officially published it has no legal power.

The next day Mr. Piskun couldn't enter his office because the entrance was blocked by the unknown people, his assistant had called the police and it arrived with the Min of Internal Affairs Mr. Tsuchko, the fight followed. Mr Piskun announced that he leaves his position but the Solomensky Court had restored him.

Later Mr. President has issued another decree which had subjected the inner troops (before subordinated to the Min of Internal Affairs, now - Mr. Tsuchko) to himself, throws Mr. Piskun out of the Council of the National Security and Defence (remember? Mr. Piskun had been appointed there by the President only a couple of weeks ago), instead, Mr. Shemchuk is appointed as acting as the General Prosecutor. The same day, May 25th, a series of appointments and dismissals of the high-ranking officials follow (including Mr. Piskun being restored by the Solomensky Court on this position).

Soldiers in Kiev

On May 26th the negotiations among Mr. Yushchenko, Mr. Yanukovich and Mr. Moroz on which Ms. Timoshenko and Mr. Kirilenko are also present continue. The same day 2 thousand soldiers from the inner troops by the order of the President move to Kiev under the explanation of providing security during the celebration of the Day of Kiev.

Around 4 o'clock in the morning on May 27th three people: Mr. President, Mr. Yanukovich and Mr. Moroz announce that they have agreed on the date of the elections - they will happen on September 30th. The President decides to suspend the action of his previous decree in order for the Parliament to vote all the necessary documents in two days. The Parliament was allowed to work two days - May 29th and May 30th. The Parliament hadn't managed to vote everything and to pass all the laws in the mentioned two days, so the action of the presidential decree had to be again suspended. Many of the deputies were refusing to vote. The laws legitimizing the elections had however passed. The President issued his 3rd decree announcing the dismissal of the Parliament on the basis... of 1/3 of the deputies having abdicated their legislative power. These deputies have to lay their mandates down in order to provide a legal reason for the dismissal, and are to be in the quantity of 151, of course these are to be from the NU and BYT. These two parties claim to have already collected all the petitions of the deputies, but the Parliament assures that: there are not 151 petition, and those which are present are legally incorrect.

I'm sitting on the window-sill and thinking that I will not provide any analysis of the situation. Perhaps because it will be too much a heavy burden for those brave and staminous readers who had made it till the end of the article, or maybe the zest of this article are the pure facts, or assumably I believe that the story doesn't end here. Because there is no end to the human greed and lust for power, no matter what.