Saturday, May 19, 2007

Third ukaz being prepared?

Since issuing his April 2nd ukaz dismissing the VR, the new, more macho president Yushchenko has to a large extent dictated the pace of events. Negotiations between members of the working group trying to finalise details for the snap VR elections have run into the ground. Tymoshenko and Moroz have been bystanders. Speculation is beginning to emerge that the president may issue a third ukaz.

Today's 'Gazeta po-Kiyevski' has this:

Yushchenko's revenge - the president is being pushed into issuing a third ukaz on early elections

Below are some portions:

"President Yushchenko is being compelled to demonstrate again that he is not a dove but a hawk. Yesterday's "revolution" in the Constitutional Court completely destroyed the fragile agreements between the premier and the President. The re-assignment of judge Pshenychnyi as the head of the CC, having been discharged by the President, has finally demonstrated that the CC is under the control of "Regionaly" and is ready to pass the necessary decision when ordered.

Premier Yanukovych feels that he is now in the 'driving seat' in the negotiations with the President. But the 'new-look' Yushchenko could spring a few surprises for "Regiony". Within the next few days we could see the third President's Decree ordering early elections in July, which would be conducted with the strictest of measures.

The next, and possibly, final encounter between Yushchenko and Yanukovych will take place in the next day or two..Yushchenko cannot play for time much longer, constantly deferring to the working group which is searching for a compromise, as this counters his image as the possessor of "a strong hand". But Viktor Fedorovych will arrive at 'Bank Street' [the pres's secretariat] with the CC trump up his sleeve. Two possible versions of events are possible.

Yushchenko as dove.

The President agrees to Yanukovych's main demand - elections in Autumn. In this case the working group preparing re-elections will arrive at a compromise. However, judging by recent events, this is highly improbable. Neither Viktor wants to give way. As Yushchenko stated yesterday, "Early elections will take place, and this will be the key solution of this discussion. These elections will not be in October."

Yanukovych, from his side, in the recent days has begun to ramp up pressure - the 'revolution' in the CC, reanimation of Maidan euphoria, upping his rhetoric to the 'aggressive' position, exiting Bank Street through the back entrance, etc.

Neither of these two political players trust the other. Before signing the next ukaz on conducting of the re-elections, the President will require guarantees from Yanukovych which the hawks in Regiony are not inclined to give.

Yushchenko as hawk.

A third ukaz on conducting early elections during July is issued, which will include strict guidelines on the way the election campaign is to be conducted - even without the participation of Party of Regions. Money for the elections will be found by obtaining loans, even if the Kabmin does not issue funds. Certainly, such early re-elections will not reflect the true preferences of the electorate, but they will cause "Regionaly" much anxiety. And such elections will hardly be recognized as being legitimate both at home and abroad.

If a compromise is not achieved within the next few days between the President and premier, then the situation could change elsewhere too. The pro-president judges remaining in the CC could all resign. If their associates do not accept this - then the President could discharge them by ukaz, so paralysing the activity of the CC. And newly-appointed Prosecutor-General Svyatoslav Piskun may have to 'deliver', having been given his old job back by Yushchenko, possibly, by applying preventive half-measures against Kabmin. But it is most unlikely that he will sanction the arrest of the head of Minfin - Ministry of Finance Azarov or of premier Yanukovych for sabotaging the elections.
Sensing such a possibility, Piskun has been 'taken ill' [in the best Ukrainian tradition], and has gone in hospital. "


DLW said...

The more I read about Ukrainian politics, the more I see my own country's politics differently and come to appreciate the extent and lengths to which many want to avoid the political as much as possible...

I just don't think that's possible!


Anonymous said...

Love the picture - but shouldn't he be Luke rather than Darth?

Anonymous said...

elmer here.

This is sick - and ugly.

The C Court is "in the bag" again for the PR. So how can any decisions they issue be legitimate?

The C Court is supposed to announce its decision on May 21.

Why on earth would any court telegraph its announcement like that?

The working group stalled and stalled and did - NOTHING.

How can people put up with this kind of absolute nonsense?

In Russia, the people have agreed to be treated like idiots.

Not so in Ukraine.

But in Ukraine, the Courts and most of the politicians are acting like idiots.

Anonymous said...

The missing element in this report in relation to the President's actions is the extent that Viktor Yushchenko has gone to avoid accountability and judicial review of his actions by Ukraine's courts.

Armed with "insider" information that the Constitutional Court was about to rule against his decree and declare it unconstitutional (as widely expected). The president, in order to avoid accountability and judicial review, has made every effort to prevent the court making any decision. If the court is prevented from making a determination the presidents decree will remain unchallenged and in place by default as opposed to being sanctioned by the court.

By not allowing the court to make a decision in support of the president is just as troublesome to the president as the court making a decision against the president.

Victor Yushchenko's summarily dismissal of three Constitutional Court judges on the eve of their deliberations can only be seen for what it is - a direct interference in the activities of the court and an attempt to pervert the course of justice.

When the president's actions are challenged in the courts, and the judges that were unjustly dismissed reinstated, the President takes the extra-ordinary step of not only withdrawing his earlier commitment that he would abide by the ruling is now indicating that he will no longer accept the decision of the court or respect the laws of Ukraine. This is paramount to treason, a dictatorship in the making. a recipe for civil conflict in support of anarchy.

To have a head of state refusing to accept the determination of the sole legal authority that has responsibility to results on question of constitutionality seriously undermine Ukraine's constitutional order and the its laws. A direct breach of the oath that Viktor Yushchenko had sworn when he took up the office of Ukraine's head of state.

Admittedly there is some decree of ambiguity as to whether the president has in fact advocated such or if it was the actions of an overzealous irresponsible senior member of staff of the office of the president. In any event the president must act to uphold his oath and to protect the reputation of the office of the president. The statement attributed to the office of the president is tantamount to treason. Viktor Yushchenko must either resign and face the people review for his action in the court of public opinion, distance himself from the statements made and dismiss the staff member responsible.

Copy of Presidential oath..

I, Viktor Yushchenko, elected by the will of the people as the President of Ukraine, assuming this high office, do solemnly swear allegiance to Ukraine. I pledge with all my undertakings to protect the sovereignty and independence of Ukraine, to provide for the good of the Motherland and the welfare of the Ukrainian people, to protect the rights and freedoms of citizens, to abide by the Constitution of Ukraine and the laws of Ukraine, to exercise my duties in the interests of all compatriots, and to enhance the prestige of Ukraine in the world."

Anonymous said...

elmer here.

Along the lines of "why did Stanik's mom receive $12 million worth of property" --

Pshenychny (Wheat), one of the Constitutional Court judges who had been sacked by President Yushchenko, and is now back, has an apartment in Kyiv worth over $1 million dollars.

They must pay judges in Ukraine very well indeed.

Anonymous said...

The CC does not need anyone's help in preventing itself from making a ruling - witness that seven judges just went on sick leave and so the quorum is broken. In over 9 months the CC had not made ONE single ruling on any issue, on any case. Its legitimacy should be questioned.