The Ukrainian Elites Continue to Believe That They Are Above the Law
December 13, 2007 – 12:03 pmThe failure of parliament to vote for Yulia Tymoshenko as Prime Minister through the inability of two deputies to vote because of interference in parliament’s technical equipment will not lead to criminal charges against Party of Regions deputies. Why? Because Ukraine’s elites continue – as they have since Ukraine became an independent state in 1992 – to regard themselves as above the rule of law.
It is not unusual for the president to undermine his own policies. The president in granting state medals to former Prosecutor Mykhailo Potebenko, former Central Election Commission Chairman Sergei Kivalov and the head of the Party of Regions 2007 election campaign Borys Kolesnikov undermined his submission of Tymoshenko’s candidacy to parliament. Ukraine’s elites can openly break the law – as in parliament on Tuesday – without fearing any criminal responsibility (and not only because they possess parliamentary immunity).
A major failing in the presidents three years in office has been his inability to deepen the rule of law in Ukraine. His choice of three prosecutors, including Sviatoslav Piskun on two occasions, are testimony to the presidents inability to improve the rule of law.
Not only was immunity given to former President Leonid Kuchma but to his entire entourage while this was act was crowned by their full rehabilitation through state medals, joint presidential-oligarch community projects and the signing of memorandums and universals. Even former BYuT and Our Ukraine deputy and Justice Minister Serhiy Holovatiy was convinced enough of the Kuchma camps alleged respectability for him to join the Party of Regions.
The organizers of the murder of Georgi Gongadze were either permitted to flee Ukraine, commit double ‘suicide’ or write books in retirement. Meanwhile, the organizers of the presidents own poisoning remain a mystery. Volodymyr Shcherban returned from exile in the USA in autumn 2006 after deciding that he was more likely to be criminally charged in that country than in Ukraine. He was of course absolutely right as only three members of Ukraine’s elites have ever been criminally charged and all abroad.
While senior elites remain above the law Ukrainian citizens continue to feel the wrath of the law. In the Gongadze trial it is lower ranking Militiamen who are being sentenced in a (to the presidents apparent surprise) a closed trial. Although the Supreme Court ruled in December 2004 against massive election fraud only those forced to undertake such actions out of fear of losing their jobs have been sentenced.
On each occasion when we have been told that criminal charges may be pending towards Ukrainian elites (whether Shcherban, Vasyl Tsushko and Party of Regions deputies in parliament on Tuesday) we roll up our eyes with disbelief as we know nothing will happen. We should not be surprised that no charges will again be forthcoming.
If you wish to understand who lies behind Tuesday’s technical problems in Ukraine’s parliament you only need to recall similar interference in the Central Election Commission’s server in the 2004 elections. Perhaps the same organizers are behind both events. Rehabilitating Kivalov gives the green light to those who interfered with his server to continue to undertake such actions with impunity.
For the rule of law to be strengthened in Ukraine the Tymoshenko government should fulfill Yushchenko’s 2004 election manifesto (and that of the Orange Revolution) of ‘Bandits to Prison’. This unfulfilled election promise can then be removed from the president’s shoulders.
7 Responses to “The Ukrainian Elites Continue to Believe That They Are Above the Law”
it’s easier to take the high moral ground when one lives in the US. One is less likely to have one’s car pushed off the road by those whom we criticize.
I hope for continuing changes and hope to have translated into Ukrainian some of the writings on local community development by John M Perkins, author of “A Quiet Revolution”. I have more faith in local leadership development than a 180 reversal at the top. Sustainable cultural changes tend to come from the bottom-up…
dlw
By dlw on Dec 15, 2007
The SBU doesn’t believe that any such interference took place.
By Blair on Dec 17, 2007
You forgot to mention that teh allegations of sabotage and interference in parliament’s technical equipment was the subject of an investigation by the SBU acting under instructions by Ukraine’s President. the investigation found that there had been no malfunction or interference with the parliamentary voting system, The complaints made by BYuT and others is just another entry in the many false unsubstantiated allegations made to deflect attention away from the fact that the newly elected coalition is divided and unable to provide stable effective governance. Ukraine is worst off now then it was previously before the president usurped power and unconstitutionally dismissed Ukraine’s democratically elected parliament and interfered with teh operation of Ukraine’s Constitutional Courts i order to prevent the court from reviewing and ruling on the legality of teh president’s actions.
Ukraine is divided more the ever and now faces a prolonged period of political instability, distrust and economic decline.
By UkrToday on Dec 24, 2007
So if you’re trying to say that the orange side fixed it that way, then why were they successful voting by paper ballot? You’re really sick Anthony Van Der Craats. You think you can get away after all the trouble you’ve caused? We’re going to make sure everyone knows about you.
By Anthony Van Der Craats on Feb 8, 2008
Dear Taurus
Please remove the above comment (February 8, 2008 @ 11:46 pm) which has been posted fraudlently and is part of an ongoing campaign of harassment ad intimidation against those that express a opposing or alternative point of view.
The same people have been stalking their victims including anonymous death threats, abusive emails publicataion of personal information and harrssment of family members and associaties. (As indicated by the implied threat in the above post) The publication of such does not serve your blog well and discourages public debate and discussion on Ukrainian politics. Sadly it is this sought of action by those concerned that prohibits the right of free speech in Ukraine. The source of most of the intimidation has come from Mr Jeff Mowatt (UK) and the IP address 66.87.44.35 (USA)used by person who goes by the name of Nestor and Tryzub on various forums on Ukraine
By UkrToday on Mar 21, 2008
Hello!
Very Interesting post! Thank you for such interesting resource!
PS: Sorry for my bad english, I’v just started to learn this language
See you!
Your, Raiul Baztepo
By RaiulBaztepo on Mar 28, 2009
Hello !!!
My name is Piter Kokoniz. oOnly want to tell, that I like your blog very much!
And want to ask you: is this blog your hobby?
Sorry for my bad english:)
Tnx!
Your Piter Kokoniz, from Latvia
By PiterKokoniz on Apr 7, 2009