As I mentioned a few days ago, one year on from Parliamentary elections, Ukraine is in a very dark stage of it's development. As Yanukovych continues trying to increase the size of his coalition, Yushchenko and the opposition are stepping up a gear in their battle with the PoR.
Much has been made in the (relatively) main-stream media of the recent slaying of 'Mad' Max Kurochkin as he exited court on Tuesday. Whilst this proves the incompetence of the Yanukovych government, in my view it doesn't hold much in connection with the current political crisis.
To recap, Anatoliy Kinakh, an Our Ukraine lawmaker, and Yushchenko associate 'defected' to the Ukrainian government on Wednesday of last week. Within 24 hours he had assumed the position of Minister for Economy, Our Ukraine had expelled him, and Yushchenko had denounced him. By the end of the week 11 former Our Ukraine and BYuT deputies had joined the government and the aforementioned darkness appeared to be settling.
Yet the bleak picture was not to last, as in the same week, Yuri Lutsenko, the former Interior Minister who had appeared to be facing intimidation from his successors, was cleared by a Kyiv court on counts of corruption and holding joint Israeli citizenship. Yesterday, Yushchenko forwarded a letter to the Verkhovna Rada demanding that deputies respect the constitution. It would appear that Kinakh's betrayal the previous week had in fact been against the rules of the basic law.
As Chapter IV states; the 'powers of a...Deputy...shall terminate prior to the expiration of his or her term in office in the event of; his or her failure, as having been elected from a political party (an electoral bloc of political parties), to join the parliamentary faction representing the same political party (the same electoral bloc of political parties) or his or her withdrawal from such a faction. In addition...'A coalition of parliamentary factions in the VR of Ukraine shall be formed within a month from the date of the first meeting of the Verkhovna Rada of Ukraine,'
Seems pretty clear to me. Under the original version of the Constitution, Kinakh would have been well within his rights to join the government, but given the 2004 ammendments, this is no longer the case. The added articles clearly support the vision that people are voting primarily for their parties, and not for individual MP's (whom they are unable to specifically choose using the PR system) . Afterall, why should the millions of supporters of Our Ukraine see their vote effectively siphoned off to the Party of Regions as a result of Kinakh's bed hopping? Furthermore the decision to rename the Anti-Crisis Coalition and to include new members from other blocs would appear to infact, legally, be forming an entirely new government...something Yanukovych is unable to do under the Constitution. This further muddies the waters over Kinakh's actions.
Well, this new argument appears to have been taken on board by President Yushchenko, and today the rhetoric stepped up a level...
Ukraine held its first fair and democratic parliamentary elections on March 26, 2006. My ultimate belief both before and after that vote was that one must adhere to democratic standards and preserve law and order.
However, I must admit that fulfillment of political obligations and responsibility for the country’s fate and people’s welfare have not become a crucial motive for many Ukrainian lawmakers.
In the past eight months, we have all been witnesses to deliberate attacks on the country’s constitutional order and a permanent power struggle violating the will of our voters. The country has seen many cynical political intrigues in the past year, but what is truly threatening is the conspicuous tendency to usurp power. The Verkhovna Rada launched an impudent and fearless campaign to entice some deputies into the ruling coalition despite the national law.
What is happening in the Verkhovna Rada now is not just a rebirth of the coalition but a blatant revision of the will of the Ukrainian voters. It is a direct path to anarchy.
All these actions create reasons to say that the parliamentary majority is unconstitutional and the government illegitimate. This must be immediately changed. As President, I demand that the parliamentary majority and its government stop acting unconstitutionally. I call on the Constitutional Court of Ukraine to immediately announce their rulings on the most controversial and important issues and insist that parliament pass a bill containing key agreements between the majority and opposition forces aimed at the fulfillment of strategic priorities of the country and its citizens.
The period of ineffective round tables is over now. Our politicians must be responsible for what they do, otherwise the Ukrainian nation will speak out.
A final warning perhaps? The coalition certainly seems to think so, with Deputy VR Chairman Adam Martyniuk holding an 'extraordinary' session of Parliament to discuss moves by Yushchenko. The Communist politician also claimed early elections were being scheduled for Sunday, May 27. This claim would appear to be supported by the announcement from Yushchenko of a meeting scheduled for April 2nd with the heads of all political parties. Under the constitution such a measure is essential before the Head of State can dissolve parliament.
Whatever Yushchenko chooses to do he must tread carefully. A mass rally is due at Independence Square on Saturday, uniting BYuT, Our Ukraine and Lutsenko's People’s Self-Defense organization. Yet Yanukovych is already sending in the troops, announcing today that his party will hold it's own rival rallies between March 29th-April 3rd. Nice timing. Starting just before the main Opposition meeting, and finishing just after the President may dissolve parliament. As I mentioned last time, Yushchenko must bare this in mind and tread carefully before reaching any decision.
Yanukovych has been out of power once before, and with the political landscape of Ukraine seemingly moving against him, the PoR leader will be well aware that any fresh ballot could usher in a BYuT/OU coalition to govern from now until the end of time. In addition to this, the only thing that prevented troops firing on demonstrators during the Orange Revolution was the refusal of then President Leonid Kuchma to push the Interior Ministry in such a direction. This time however, the President does not hold such powers. These lie with the current Minister of Interior who, whilst being a 'Socialist', has been busying himself in recent months dismissing heads of police appointed under Orange governments, left, right and centre. The possibility that Yanukovych won't go quietly is very real.
Keep watching this space and Foreign Notes for more on the situation. Mark my words, the political temperature is rising and we could be heading towards a series of crucial months for Ukraine.
Subscribe to:
Post Comments (Atom)
3 comments:
Crisis facing Ukraine today is not a west versus Russia stereotype but a battle for power between the President and democraticly elected parliament
It is false and misleading to portray the current crisis facing Ukraine as a pro-west and pro-Russian struggle. It is not. Far from it
It is more a case of a struggle for power between the President and opposition forces versus the Parliament and Government.
Those that continue to portray it as a pro-west/pro Russian conflict do so in order to try and influence world media by pandering to false stereo-types.
There is no legal justification for the dismissal of the Parliament. The President, who is aligned with the opposition forces, continues to act not in Ukraine's best interest. The March 2006 parliamentary elections are considered to be the most open and democratic elections in Ukraine's history since declaring independence.
The Opposition have been calling for fresh parliamentary elections following their failure to negotiate support and agreement to form a governing coalition. The opposition are acting more out of spite then being a responsible government.
The crisis manufactured by the President, who faces a loss of confidence and authority should support for the government continue to increase as predicted, is being falsely portrayed in the western media as a battle of between pro west and pro Russian forces. This stereotype is far from the truth and reality. Both the Government and the opposition are pro-European integration. The main difference is a pro-Russian and anti-Russian. It is not a battle of between the west and Russia.
Nor is it a continuation of the struggle for free and honest government as we saw in the 2004 "Orange Revolution".
It is a struggle of power between the office of the President and the democratically elected Parliament. Ukraine has made a transition from a Presidential 'rule by decree' dictatorship to a Parliamentary ' rule of law' democracy in line with all other European states. The President who continues to hold significant power has been constantly undermining the development and transition of Ukraine's parliamentary system of democracy.
A number of issues are before Ukraine's Constitutional Court awaiting adjudication. One such issue is the right of the President, and under what circumstances, the President can dismiss the democratically elected parliament.
The government has and continues to maintain the support of a majority of the Parliament. At the heart of the Presidents concerns is the division within the opposition forces that do not agree with the tactics of the opposition. Concerned members of the opposition are likely to cross the floor and support the need to maintain a stable government. If this happens and the Government support increases to 2/3rds of the Parliament then the President may no longer retain power and authority to veto government legislation.
The President's popularity has plummeted ever since he was elected where the president is no longer trusted by the Ukrainian People
VIKTOR YUSHCHENKO ' UKRAINE'S VERSION OF OLIVER CROMWELL'
If Viktor Yushchenko follows through with his threats and dismisses Ukraine's democratically elected Government the country will face an even more serious crisis. one manufactured by the Office of the President himself. A crisis that could very well see Ukraine take a major step backwards in democracy. Viktor Yushchenko who was seen as being the defender and father of democracy will soon go be recorded in history as becoming Ukraine's versions of Oliver Cromwell. Lord and protector .. come dictator.
Similar issues exist in Ukraine with the Ukrainian President recently holding behind closed doors with members of Ukraine's Constitutional court.
Victor Yushchenko has a number of submission currently before the Court. Critics claim that the President was seeking to influence the determinations of the court and that the Constitutional Court should not have agreed to a meeting behind closed doors.
One of the issue the President has referred to the court of consideration is the question as to under what circumstances and authority does the president have the right to dismiss the democratically elected Parliament?
Any proposal by the President to dismiss the Parliament before the court rules would be prejudicial to any court ruling.
http://ukrainetoday.blogspot.com
The comment by ukraine today is propaganda straight out of the Party of Regions.
Yes, there were elections. The problem is that the so-called Anti-Crisis Coalition, once it got elected, resorted to the same old tricks in order to take Ukraine back to Kuchmism.
That includes blocking the operations of the Constitutional Court for months.
That includes interfering with the President's constitutional right to appoint foreign ministers.
That includes bribing assorted deputies, and their families, with posts in the government (Kinakh) and jobs on their "march to 300."
That includes KGB style raids, breaking down doors at 6:00 in the morning, against political opponents, on the basis of trumped up charges of "dual Israeli citizenship."
That includes raising tariffs (prices) enormously, to be paid by the people for daily services, which all goes to the oligarchs.
That includes stacking the boards of directors of government banks in order to control them, and make favorable deals with oligarch-owned entities.
That includes cancelling political TV programs, under the guise of "professionalism," because opposition leaders appeared on the programs.
That includes Yanuk's son, a billiards player, for some unknown reason occupying a seat in the Rada.
The list goes on.
The Party of Regions propaganda does not hold water.
PACE report calls on Ukraine to adopt a Full Parliamentary System
The Council or Europe - Parliament Assembly has called on Ukraine to adopt a full parliamentary system in line with European Standards
"It would be better for the country to switch to a full parliamentary system with proper checks and balances and guarantees of parliamentary opposition and competition."
The PACE: Explanatory memorandum presented to the Assembly meeting held on April 19 by Mrs Severinsen and Mrs Wohlwend, co-rapporteurs on Ukraine raised concern about the inevitable conflict of power under Ukraine's Parliamentary-Presidential system between the Parliament and the President.
The report states:
"The failure to establish clearly defined and law-based institutions to guarantee in practice separation of power, democratic rights and freedoms, by providing for an effective system of checks and balances is at the very heart of the political struggle that has unfolded in the country over recent months and sparked into an open crisis upon the dissolution of the Verkhovna Rada (parliament) by the President of Ukraine on 2 April 2007"
As co-rapporteurs of the Assembly's Monitoring Committee, we are deeply concerned about the political and legal implications of President Yushchenko's decision and the constitutional, institutional and political crisis that has unfolded thereafter. Even more worrying is the fact that the crisis has paralysed many already seriously ailing institutions which should be guaranteeing democracy, rule of law and human rights
...
The undecided question on competencies and limits of different branches of power first led to a considerable confusion over the formation of the majority coalition and the new government following the March 2006 legislative elections, and has ever since evolved into an incessant tug of war between the President and the Prime Minister.
...
The parliamentary–presidential system opted for by the Ukrainian lawmakers in 2004 has an in-built structural problem: it can work smoothly only if the presidential and parliamentary powers represent the same political vision. Cohabitation works in the case of highly mature democracies, which is not the case in Ukraine. Largely because of this structural cohabitation dilemma, all established European democracies apart from France (Also Cyprus) have opted for the fully parliamentary form of governance.
What we have also seen since the establishment of the current parliamentary majority coalition and the formation of PM Yanukovych's government is the struggle to move towards a fully parliamentary system, which in the existing constitutional order has been perceived by the opposition as usurpation of power by the majority.
Although Ukraine understandably has its own historic reasons to avoid the accumulation of power into the hands of one political force, it should nevertheless consider in the course of future constitutional amendments whether it would not be better for the country to switch to a full parliamentary system with proper checks and balances and guarantees of parliamentary opposition and competition.
Post a Comment