Ukrainian Presidential Elections Begins
October 19, 2009 – 1:07 pmRFERL, October 19, 2009
Western Ukraine Could Decide Presidential Election Outcome
by Taras Kuzio
After what is widely seen as five years of missed opportunities under incumbent President Viktor Yushchenko, Ukraine’s three-month election campaign has begun.
Past presidential elections in Ukraine have been a contest for control of the “swing” region of central Ukraine that Leonid Kuchma and Yushchenko won in 1994 and 2004, respectively. But to win nationwide, a candidate needs either western or eastern Ukraine as well.
Kuchma won by winning the east and the center, Yushchenko the west and the center. The last three elections were won by slim majorities of 52-56 percent.
The upcoming presidential elections will be different, and the first in which western Ukraine will play a strategic role in deciding the winner. Central Ukraine continues to be dominated by Prime Minister Yulia Tymoshenko, whereas opposition Party of Regions Chairman Viktor Yanukovych has a dominant position in eastern-southern Ukraine.
The presidential election is set for January 17, 2010; if no candidate wins outright in the first round, a runoff will take place three weeks later.
Presidential Fragmentation
Western Ukraine’s central role in the upcoming elections is the product of five years of infighting and fragmentation of the center-right. The Our Ukraine-People’s Self Defense bloc (NU-NS) that entered parliament in September 2007 included nine parties that had promised to merge into a single pro-Yushchenko party that would support his bid for a second presidential term.
Instead, the nine have grown to 14, with the establishment of two new parties, led by Interior Minister Yuriy Lutsenko (Self Defense) and former chief of staff Viktor Baloga (United Center), plus three NGOs that are embryo parties led respectively by former Defense Minister Anatoliy Hrytsenko (Civic Initiative), former parliament speaker Arseniy Yatsenyuk (Front for Change), and Vyacheslav Kyrylenko (For Ukraine!).
Of NU-NS’s 72 parliamentary deputies, approximately 40, a slim majority, support the democratic coalition underpinning the Tymoshenko government (together with the Tymoshenko and Volodymyr Lytvyn blocs).
Of the remaining 32 deputies, 17 belong to the single pro-Yushchenko group, For Ukraine!, while a further 10 belong to United Center.
President Yushchenko’s election campaign is hampered not only by his low popular support, which he routinely dismisses as unimportant, but also his lack of a political machine. Yushchenko is honorary chairman of the People’s Union-Our Ukraine (NS-NU) party, one of the original nine in the NU-NS bloc, and his chief of staff Vera Ulianichenko is its leader. Both the NS-NU and Yushchenko personally can count on only 2-3 percent support.
The NS-NU has been bankrupt since the spring, when Ukrainian businessmen withdrew their funding after it became evident that he was a lame duck president unable to win a second term.
At least five of the figures who played key roles in the Orange Revolution will be competing for the presidency: Yushchenko, Tymoshenko, Yatsenyuk, Hrytsenko, and Yuriy Kostenko, leader of the People’s Party, one of the original nine in the NU-NS bloc.
The nationalist-populist leader of the Svoboda Party (formerly called the Social-National Party) Oleh Tyahnybok, who won a majoritarian seat in 2002 and joined the Our Ukraine faction (only to be expelled two years later for anti-Semitic remarks), will also be competing for the western Ukrainian vote.
Not Easy Breaking In
The two leading candidates in western Ukraine are Tymoshenko and Yatsenyuk. Yatsenyuk leads among younger and educated voters in the three Galician oblasts, while Tymoshenko leads in the remaining four oblasts of western Ukraine. Overall, Tymoshenko has a 6-7 percentage-point lead over Yatsenyuk throughout western Ukraine.
Yatsenyuk’s popularity has catapulted him to third place in national opinion polls, but this should not make him overly self-confident, and his ratings have dropped by a third since the summer. Yatsenyuk’s popularity is being squeezed from four directions: Tymoshenko, Ukraine’s best election campaigner and most charismatic politician; incumbent Yushchenko, who has the same voter base as Yatsenyuk; Hrytsenko; and Serhiy Tyhipko.
In addition to Yatsenyuk, Hrytsenko and Tyhipko also figure within the “second tier” of candidates. Tyhipko has roots in the Dnipropetrovsk clan’s Labor Ukraine Party, but is increasingly challenging Yatsenyuk for the position of the “new face in politics” among disillusioned voters.
Yatsenyuk’s western Ukrainian voters could also turn away from him over his inconsistency on issues that they consider crucial to Ukraine’s national identity. Although elected to parliament in the NU-NS bloc, Yatsenyuk has de facto ditched key elements in its platform, such as abolishing parliamentary immunity; legal recognition of Ukrainian nationalist partisans who fought against the Nazis and Soviets in the 1940s; NATO membership; and energy independence (Yatsenyuk supports a gas consortium with Russia).
He has also recently become skeptical of EU membership and withdrew his signature from a January 2008 letter to NATO’s Bucharest summit (which he signed together with Tymoshenko and Yushchenko) seeking a Membership Action Plan.
These are all issues on which Yushchenko (and to some degree Tymoshenko) are challenging Yatsenyuk. Ironically, Russian President Dmitry Medvedev’s bitterly critical August letter to Yushchenko will only have served to improve his ratings in western Ukraine and therefore eaten into Yatsenyuk’s popularity.
Touted last year as representing the younger generation of Ukrainian politicians and therefore by implication as “pro-Western,” Yatsenyuk looked decidedly less so at the September Yalta European Strategy (YES) summit.
YES, an NGO established five years ago by oligarch Viktor Pinchuk, invited Yanukovych, Tymoshenko, and Yatsenyuk to present their platforms to a special “Freedom of Speech” ICTV live program and to European guests (ICTV is one of four television channels owned by Pinchuk). Of the three, Yatsenyuk, according to Ukrainian media reports, was the most disappointing and vacuous.
Tymoshenko Stands Up
Tymoshenko’s campaign team have realized the strategic importance of western Ukraine and reached out to the North American diaspora, which retains its influence over the region. Addressing the annual meeting of the World Congress of Ukrainians in Lviv on August 21-22, on the eve of Ukraine’s Independence Day, Tymoshenko stressed her support for Ukrainian remaining the only state language, an issue of particular concern to western Ukrainians and the Ukrainian diaspora.
On October 13, the Tymoshenko bloc organized a parliamentary hearing on links with the Ukrainian diaspora. Tymoshenko’s reaffirmation of support for the Ukrainian language forced Yanukovych to announce prematurely that, if reelected president, he would elevate Russian to the status of the second state language. This policy, which figured in his 2004 campaign program, will ruin his chances completely in western Ukraine, and to some degree in the central region as well.
The January elections are likely to require a runoff, as in 2004, this time between Tymoshenko and Yanukovych. But unlike five years ago, when Yushchenko ran as the united opposition candidate, this time around the former Orange Revolution parties and leaders are fragmented.
Ukrainian intellectual groups are increasingly calling on the “Orange” camp to unite around Tymoshenko, as they had united around Yushchenko. That lack of “Orange” unity in turn improves Yanukovych’s chances, so it is likely that this time the bitter second round will pit him against Tymoshenko.
Taras Kuzio is a senior fellow of Ukrainian Studies at the University of Toronto, adjunct research professor at the Institute of European and Russian Studies at Carleton University, and editor of the bimonthly “Ukraine Analyst”
Radio Free Europe/Radio Liberty
October 18, 2009
The Rise And Fall (And Rise?) Of Arseniy Yatsenyuk
by Andrew Wilson
The one enduring symbol of Ukraine’s problems since the 2004 Orange Revolution has been the constant, wearisome guerrilla warfare between its main personalities: the predictable triptych of President Viktor Yushchenko, current Prime Minister Yulia Tymoshenko, and Yushchenko’s defeated rival in 2004, Viktor Yanukovych.
When the economic crisis hit Ukraine in October-November 2008, Arseniy Yatsenyuk, leader of the newly created Front for Change, initially seemed like a breath of fresh air. His Obama-lite campaign turned the contest for the next president into a three-horse race, with himself in third place as Yushchenko dropped out of contention. By this spring, Yatsenyuk was polling at 12-13 percent, almost catching up with Tymoshenko in second place behind Yanukovych.
But Yatsenyuk’s rise stopped abruptly in May. He had clearly started his campaign too early, and by summer it seemed the bubble had burst. Private polls now put him at 9 percent or less.
Now Yushchenko hopes to climb back from political death and rise above him in the polls. So what went wrong? What explains the rise and fall of Arseniy Yatsenyuk?
Yatsenyuk’s rise has indeed been meteoric. He only reached age 35, the minimum required to stand for the presidency, in May. He served as foreign minister for a few months in 2007 and chairman of parliament in 2007-08, though he has never been in any position for long.
In the beginning, this seemed like an asset. On closer inspection, it seems he has been given a series of leg-ups by his patrons: unlike most politicians in Ukraine, Yatsenyuk has little wealth and few resources of his own.
Supported By Oligarchs
He was plucked from obscurity to become deputy head of the National Bank in 2003 by Serhiy Tyhipko. His main patrons now are two of Ukraine’s biggest oligarchs — Viktor Pinchuk and Dmytro Firtash — along with smaller versions such as Donetsk tycoon Leonid Yurushev.
Pinchuk is an independent force, but has apparently made his peace with Tymoshenko. Firtash was with Yushchenko, then shifted to the Party of Regions, and more recently has been at daggers-drawn with Tymoshenko over the fate of the shadowy gas intermediary company RosUkrEnergo, where he controls the Ukrainian half. Yatsenyuk was therefore pulled in different directions by his different sponsors.
A turning point came in June when the putative coalition between Tymoshenko and Yanukovych fell apart. Yatsenyuk demanded that Firtash switch to backing him full-time, but Firtash stuck by Yanukovych.
Yatsenyuk was suddenly no longer omnipresent on the Inter TV channel then close to Firtash. Pinchuk became the more important sponsor, and replaced Yatsenyuk’s Ukrainian team with Russian-connected “political technologists:” Timofei Sergeitsev, Dmitry Kulikov, and Iskander Valitov.
As well as working for Yanukovych’s controversial campaign in 2004, the new Russian team came from the Duma Expert Council under Konstantin Zatulin. It is headed by Sergei Markov and notorious for its attempts to set up Russia-friendly NGOs and politicians throughout the CIS. If Russia cannot control or confront Ukraine directly, it has an interest in helping to build up a “satellite ideology.”
The new team pushed a version of a Russian “third way” ideology, which stretches from the nationalist right to earlier campaigns for the Union of Rightist Forces and Anatoly Chubais’s infamous “liberal imperialism.” It combines business-friendly policies with attacks on the bankruptcy of the West and Western liberalism, the consequent degradation of structures based on them like the EU, and the rise of an alternative pole centered around Russia in the east.
‘Greater Europe’
Yatsenyuk shifted from his plague-on-both-your-houses rhetoric and so-called “New Ukrainian Pragmatism” to something more like a new Ukrainian isolationism, suddenly repositioning himself as the Sinn Féin (“Ourselves Alone”) candidate and lambasting the EU and everything non-Ukrainian. His campaign slogans – “Productive Village,” “A Battle-Ready Army,” and “New Industrialization” – suddenly sent a different message, one that also sounded more like “feed and support Russia.”
Yatsenyuk has even toyed with the idea of announcing a Ukrainian-led Eastern European Union as a kind of club for all those disappointed with the EU within what he likes to call “Greater Europe” — which would almost inevitably be a Trojan horse for Russia.
The new Russian team also tried to sell Yatsenyuk as Putin-lite, the new tough kid on the block. His campaign color became khaki green. But these messages were too Russian and didn’t sell well in Ukraine.
Most Ukrainians would actually quite like to join the EU. Yatsenyuk’s khaki-colored tough-talk was uncomfortably reminiscent of Michael Dukakis’s ill-fated tank ride in 1988 and never sounded convincing coming out of the mouth of someone whose nickname is “Kinder Surpriz.” Yatsenyuk even staged his own Dukakis moment, careering around on a combine harvester.
Vladimir Putin is popular in Ukraine, and many would vote for a “strong hand” as an alternative to disorder. This sentiment is also exploited by Tymoshenko.
But Ukrainian political culture is different. There is no cult of power, or of the KGB.
So Yatsenyuk has faded in the polls. He has three choices when the actual campaign begins on October 17. He can switch back to Plan A and act as a genuine “third force.” Otherwise, he risks losing this niche to other candidates like Tyhipko or Yatsenyuk’s successor as chairman of parliament, Volodymyr Lytvyn. Or his sponsors can keep him in the field with Plan B — siphoning votes from Yanukovych.
Yatsenyuk’s chances of winning a powerful post like prime minister after the election depend on either a strong performance or the eventual winner owing him a favor. Or Yatsenyuk can play a long game and aim to be a player in the next parliamentary elections — possibly even holding the key “golden share” between Yanukovych and Tymoshenko. In that case, we may not have seen the last of him or his supporters.
Andrew Wilson is a senior policy fellow at the European Council on Foreign Relations (ECFR) and a coeditor of the new volume “What Does Russia Think?” The views expressed in this commentary are the author’s own and do not necessarily reflect those of RFE/RL.
Oxford Analytica, 19 October 2009
UKRAINE: Pluralistic media will ensure lively campaign
EVENT: The campaign for the January 17 presidential election officially
begins today.
SIGNIFICANCE: The emergence of genuinely pluralistic, largely
professional media means that presidential candidates will not encounter
deep-seated pro-regime media bias along the lines of what the ‘Orange
Revolution’ protagonists faced in 2004. A dynamic and pluralistic media
environment is also likely to serve as an important check against
possible electoral fraud.
ANALYSIS: Media pluralism is one crucial legacy of the 2004 ‘Orange
Revolution’ and the election of then-opposition candidate Viktor
Yushchenko as president. The variety of political viewpoints offered in
the broadcast media has even attracted Russian television hosts who can
no longer lead open political discussions at home. Indeed, the level of
pluralism in Ukraine is unique among the non-Baltic former Soviet
states, where most media outlets — especially television outlets — are
controlled by the authorities and heavily censored.
Language and nationality. Although media regulation is light by regional
standards, there are laws in place requiring broadcasters to provide an
equal balance of Russian- and Ukrainian-language content. State-owned
print media remain in Ukrainian, whereas newer, privately owned print
media are increasingly in Russian (the two largest newspapers by
circulation are the Russian-language Segodnya and Fakty i Kommentarii).
Media from Russia — both print media and cable television channels –
also remain influential. The Ukrainian versions of the Komsomolskaya
Pravda, Izvestiya and Argumenty i Fakty newspapers are especially
popular; all three cover developments in both Ukraine and Russia.
Internet media. Most Ukrainians receive their news from television, but
internet use is rapidly growing. The Orange Revolution was sometimes
described as the ‘world’s first internet revolution’ due to widespread
online engagement by young opposition activists. Dozens of frequently
updated websites provide diverse political views and coverage. Of these
outlets, the pro-reform Zerkalo Tyzhnia stands out as one of the most
highly regarded online journals in the former Soviet space; such others
as Ukrayinska Pravda and Korrespondent also offer high-quality political
and investigative reporting.
Diverse television coverage. Nonetheless, television is still by far the
most popular outlet for news reporting. Channels are controlled by the
state or big business, but still offer access to a variety of political
viewpoints and — in some cases — sophisticated and critical analysis.
Inter, Ukraine’s most popular and most controversial channel, had a
heavy bias against Prime Minister Yulia Tymoshenko since her government
entered office in December 2007. However, a recent change of ownership
at Inter has led to somewhat more balanced (if more anodyne) reporting
focused on Tymoshenko and opposition leader Viktor Yanukovych, the two
leading presidential candidates.
Television coverage sometimes appears to be influenced by channels’
ownership and political allegiances:
Channel 1. This state channel is the only one directly controlled by the
presidency. Yushchenko promised in 2004 to transform the outlet into a
public television channel modelled on the BBC, but this was never
implemented. Channel 1 has few viewers and is seen as dreary in
comparison to private channels because of its focus on government
activities and educational programmes.
ICTV, STB, New Channel and M1 Music Channel. These four channels are
owned by oligarch Viktor Pinchuk, and are generally considered
politically objective. Pinchuk left politics in 2006 after deciding to
concentrate on business and philanthropic affairs. During Leonid
Kuchma’s presidency, Pinchuk was a leading member of the Dnipropetrovsk
clan, represented politically by the Labour Party. Pinchuk is Kuchma’s
son-in-law, and his earlier acquisitions of businesses and television
channels were almost certainly facilitated by this relationship. ICTV
airs a popular political talk show hosted by one of Russia’s most famous
anchors, former NTV host Yevgeniy Kiselev, whose broadcasts in Russia
have been restricted to the radio.
Ukrayina, NTN (formerly TB Tabachuk). These two channels are owned by
Donetsk oligarch Rinat Akhmetov and Party of Regions (referred to as
‘Regions’) businessman Eduard Prutnik. Akhmetov first entered parliament
in 2006 as a member of Regions, of which he is a major financier. Before
the onset of the crisis, he was the wealthiest person in Europe and the
CIS, with estimated holdings worth 31 billion dollars (see UKRAINE:
Tycoon may yet become political leader – October 30, 2006). Despite
Akhmetov’s allegiance to Regions, Tymoshenko has regularly appeared on
the Ukrayina channel’s popular Shuster-Live programme, reflecting the
degree to which media pluralism exists in practice. The programme is
hosted by Savik Shuster, another ‘refugee’ from Russian television. He
had hosted a talk show on NTV until 2004, but was removed following
criticism from then-President Vladimir Putin.
Inter. Inter is primarily watched in Russian-speaking regions of
Ukraine. The channel was owned by Ihor Pluzhnikov, an ally of the
now-marginal Social Democratic Party-United (SDPUo), until his
mysterious death in 2005. The SDPUo was led by Viktor Medvedchuk, who
also headed Kuchma’s presidential administration; this gave the
authorities great influence over Inter. After Pluzhnikov’s death, the
channel passed into the ownership of industrialist Valeriy
Khoroshkovskiy (who controls a 61% stake) and RosUkrEnergo (RUE)
co-owner Dmytro Firtash. As the SDPUo became marginalised, Inter became
a mouthpiece for Regions and began heavily slanting its news coverage
against Tymoshenko. It is likely that Firtash directly influenced the
channel’s coverage; he had close ties to a group of Regions deputies who
opposed Tymoshenko’s attempts to remove RUE from the Russian-Ukrainian
gas relationship (see UKRAINE: Opposition party is split ahead of key
vote – March 31, 2009). However, Firtash was recently ousted as
part-owner, and Inter is starting to tone down its anti-Tymoshenko bias.
1+1. Pro-Yushchenko oligarch Ihor Kolomoisky purchased 49% of 1+1 in
July from Central European Media Enterprises, the channel’s owners since
2005. The channel has high ratings in Ukrainian-speaking western and
central regions, and has the second-highest number of viewers after
Inter. Kolomoisky provided financing for Yushchenko’s 2004 candidacy and
the Orange Revolution, as well as Yushchenko’s Our Ukraine bloc in the
2006 and 2007 parliamentary elections. He has been hostile to both
Tymoshenko and the business rival Donetsk clan. Like Inter, 1+1 includes
a popular mix of politics as well as local and foreign-dubbed
entertainment programmes. Kolomoisky’s purchase of a major stake is
unlikely to change its balanced coverage, given his history of
non-interference in other Ukrainian media outlets that he partly owns.
Channel 5. Channel 5 is owned by Foreign Minister and former National
Bank Chairman Petro Poroshenko. Channel 5 (together with Era) was one of
only two television stations available to the opposition in the 2004
elections. Poroshenko has been a close ally of Yushchenko since 2001,
when they established Our Ukraine; in 2004, Poroshenko helped finance
Yushchenko’s campaign.
Ukraine’s industrialists often have clear links to particular political
parties (see UKRAINE: ‘Orange’ allies fight over economic policy – May
20, 2008). However, such oligarchs tend to diversify their support
across the political spectrum as a means of maintaining good relations
with whoever might prevail in a genuinely competitive presidential
election. This helps account for the diversity of programming and for
the larger channels’ provision of balanced coverage amid a highly
politically charged environment.
CONCLUSION: A variety of media outlets will provide extensive coverage
of the presidential election campaign, permitting lively debate and free
access to different viewpoints. Such Kuchma-era censorship as secret
instructions sent from the presidential administration to television
channels no longer exists. Although broadcast media ownership is
concentrated in the hands of a small number of leading industrialists,
the diversity of their political interests — and a desire to hedge
their bets ahead of a hard-fought electoral contest — will ensure that
Ukraine’s media environment remains the most dynamic and pluralistic in
the CIS.
16 Responses to “Ukrainian Presidential Elections Begins”
Parliament votes to remove Immunity
Ukraine’s Parliament has voted 390 out of 438, taking the first step to amend Ukraine’s Constitution and remove parliamentary immunity and limit Presidential immunity.
Under the proposed amendments the President can not be arrested or detained without the consent of the parliament. If the president is found guilty of an offense he automatically loses office.
Members of Parliament will no longer be able to claim immunity from criminal liability. They can not be arrested or detained without the consent of the parliament or a court order. They can be prosecuted.
The proposed amendment also removes a members of parliaments liability for defamation for actions and statements made within the parliament. This brings Ukraine’s constitutional provisions in line with other western democracies.
This should put an end to the political debate about parliamentary immunity even though not one member of parliament has ever been prevented from being prosecuted.
Viktor Yushchenko has campaigned to have Parliamentary immunity removed but in his proposed constitutional amendments he has retained immunity for Judges and the President.
The proposed amendments will be referred to Ukraine’s Constitutional Court for review and will need to be represented to the Parliament for adoption in February 2010.
The main problem with the proposed amendment is that it leaves the President exposed to vexatious litigation. A requirement of 60% or two-thirds of the parliament should be required before the president can be detained or loses office would be better.
By UkrToday on Oct 20, 2009
I don’t think this will happen until after the elections. I also doubt Regions will support it in February if Tymoshenko wins the elections. They will be afraid of her using it against them. Justice is selective in Ukraine.
By Taras on Oct 20, 2009
6% is not a slim majority anything under 2% is.
Recent public opinion polls showed that 83% of Ukrainians will not vote for Viktor Yushchenko.
The poll is interesting in that it was the inverse of what normal polls ask. It is clear as day that Yushchenko will not be re-elected to a second term of office
The Constitutional Court also gave its ruling ruled on the Law of the Presidential Elections. Only five issues where considered unconstitutional. None make any substantial difference to the conduct of the election.
The 90 day election period and 2.5 million deposit remain in place.
What is of interst is that most of the candidates that are coming out of the woodwork, including Yushcheko and Yatseniuk will lose in the first round of voting and will also forfeit their 2.5 million deposit.
It has been stated that Candidates will spend over one billion dollars in campaign costs.
One has to ask who is paying the bills and given the odds why someone would nominate for an election they know they can not win.
Under Ukraine’s flawed two round first-past-the-post voting system minor candidates play a negative role in the outcome of the election, competing and taking votes away from like minded candidates.
Under a preferential ballot system voters who support minor candidates would not be wasting their vote as they would have the right to cast a second preference choice by ranking all candidates in order of preference (1, 2 3 etc). if their chosen candidate is not elected there vote still counts. One round same result at half the cost,
By UkrToday on Oct 20, 2009
Taras it has happened. The parliament agreed to it today. It is to be sent to the constitutional court for review. It can not be finalized and put in place until February next year. Under the terms of Ukraine’s Constitution amendments must be approved a second time by two-thirds of the parliament at the next regular session of parliament. The next session is scheduled for February 2010.
By UkrToday on Oct 20, 2009
I am in Kyiv and need to catch up! It seems like a populist vote before the elections. I wonder if the paedophile scandal forced their hand because of disgust at politicians.
The Ukr. Pravda report said it was only the vote in the FIRST READING. So it is not adopted. Are you sure?
Interesting who voted for it:
171 Regions
150 BYuT
only 19 out of 72 NUNS
27 CPU
19 Lytvyn
By Taras on Oct 20, 2009
No. The populist action was the false campaign attacking Parliamentary immunity. It was never really an issue. Name one occasion when Parliament has ever refused an application to have immunity withdrawn. The legislation that was passed is pretty much the same as proposed by Moroz back in 2007 when it became an issue of contention in the lead up to the 2007 election.
The parliament offered back then to remove the criminal liability clause. I think this was done to remove it from the debate.
What I like about it is that it has also addressed the issue of Presidential immunity and more importantly removed the liability for defamation for maters raised in the debate of the parliament. Whilst this has the potential to be abused, it is important that members of parliament are able to openly express issues without fear of litigation or other acts of intimidation. This is a common limitation that applies to most western democracies
Ukraine’s Parliament needs to adopt a system of a “Parliamentary privileges committee” where issues of complaints about misuse and abuse of privilege can be considered along with appropriate disciplinary action.
By UkrToday Ukra Uk on Oct 20, 2009
Ukraine’s Constitutional Court has brought down its ruling. As previously reported in a leak the Court has ruled unconstitutional five provisions of the Law on the Presidential Elections.
1. The provision that required voters abroad to be registered with the consulate before having the right to vote.
Now any citizen of Ukraine can turn up and apply to vote at a Ukrainian consulate abroad. In a strange and some what conflicting move the Court upheld the abolition of absentee voting. Seems that if your are living abroad you can vote but if your holidaying in Ukraine or visiting friends or relatives you are denied the right to vote. If your voting abroad you still have to attend the consulate offices. In 2007 the number of voters voting abroad was less then 0.05%
2. The provision that members of the local CEC boards needed to be registered as living within the area has been removed
This is a reasonable change but will not effect the conduct of the election
3. Proposed limitations of court challenges have been removed.
It is not clear exactly as to what the repercussions of this might be. It is common for legislation to restrict frivolous and unsubstantiated challenges that might arise from time to time. The general principle is that any error in the conduct of the election procedures MUST be demonstrated to have effected the overall results of the election before any challenge can succeed.
4. Abolished the two day limitation on hearing any disputes related to the conduct of the election
5. Removed the exclusive right of the CEC to declare a candidates registration invalid
The courts will now have the right to consider any application, the main problem with this is any court proceedings may effect the overall administration and timing of the election if any disputes are not quickly addressed.
Yushchenko was quick to claim that the Constitutional Court ruling was a win for his stance but the reality is it was not . Not all the arguments provided by Yushchenko were upheld. The changes to the legislation will not effect the overall elections. The elections will still proceed as planned with the 90 days campaign and most important the 2.5 million hrivina deposit remains in place. The Parliament may have to modify some aspects of the law but the legislation remains in tact.
By UkrToday on Oct 20, 2009
This is a show vote. The immunity law will never be revisited in February. Had they been really serious they’d have voted on the legislation which has already been assesed by the Constitutional Court, and today they would have abolished immunity. They have no desire to abolish immunity. Those who believe they do, I’ve got some swamp land in Australia I’ll sell you, cheap.
By Wolodymir on Oct 21, 2009
The amendments are reasonable and would bring Ukraine in line with other Western democracies.
Under Ukraine’s Constitution the parliament can only amend the same article of the constitution once per term. The amendments that were agreed in the foreshadowed motion go beyond the substantive motion which was defeated.
Both the substantive and foreshadowed motions would have required reconfirmation in February. The amendments that were passed are in line with the previous amendments that were offer back in 2007 but at the time rejected by Yushchenko and Our Ukraine.
The amendments remove the limited immunity from criminal liability. Is this not what Yushchenko and Tymoshenko were seeking?
Well they have agreed to a common position.
I think if the Constitutional agrees the the legislation will be voted on before the second round of Presidential voting.
By UkrToday on Oct 22, 2009
Oleh Ryabokon
Taras
What can you say about Oleh Ryabokon candidature? He looks very much like a technical candidate designed to add representation on the CEC committees. Or he could be presented as a last minute united choice candidate with other candidates withdrawing in his favor. as things stand he does not look like he will survive the first round and will lose his deposit.
Self promotion? He will be taking votes away from Yushchenko and Yatseniuk and by default helping Yulia Tymoshenko.
What are his policies? I understand he is a successful lawyer whose speciality is international law and trade. he represented Yushchenko in the 2004 presidential election Court Challenge and has close ties with the US administration
By Andrew on Oct 22, 2009
http://www.kyivpost.com/news/opinion/editorial/detail/51161/
Meanwhile, lawmakers also this week cynically imitated action in a so-called attempt to strip their legal immunity from prosecution. Nearly 390 of 450 parliamentary deputies gave preliminary approval for a bill that would bring them (as well as the president and the judges) one step closer to being equal in the eyes of the law with Ukraine’s 46 million citizens.
But instead of voting in the second reading for a similar law that has already been approved by the Constitutional Court, they approved new changes to the constitution that still need to be scrutinized by this court.
This means that the final vote, if it ever comes, will take place safely after the Jan. 17 presidential election. So, in the end, voters were misled into thinking that lawmakers are really trying to curtail their outrageous legal privileges. Citizens should not be fooled by these tricks and should demand that immunity be stripped as quickly as possible from lawmakers and everyone else who enjoys it, so the war against corruption and crime can truly begin.
By Wolodymir on Oct 24, 2009
The above statement is false and misleading.
Both proposals required the law to be held over until the next regular session of the parliament, schenduled to start on February 2010.
The first proposal did not have the required constitutional 2/3rds majority support. It was supported only by 206 votes
It also failed to address concerns related to Presidential and Judges immunity in addition issues related to limitation of defamation action for statements made in the course of parliamentary debate.
Under the provision of Ukraine’s Constitution constitutional amendments can only be made once per term of office.
The second proposal is more comprehensive in that it address a number of issues that the first does not. It also has the support of a constitutional majority (over 300 members)
The revised proposal will be re-presented for adoption in February 2010, most likely prior to the second Presidential ballot.
It removes immunity for criminal liability
(It also needs to be noted that cancellation of a MP’s immunity has never been refused by the parliament when requested – This is not a real issue of significant concern as members of can and have been parliament and judges have been subjected to prosecution)
By UkrToday on Oct 26, 2009
The Bill on Amendments to the Constitution of Ukraine (re the Guarantee of Immunity for certain Officials) was introduced by Oleksandr Lavrynovych. Representing the Bill ?3251 O. Lavrynovych explained is norms according to which all the high-ranking officials having obligations before the People of Ukraine in the name of the state should be excused only from the being arrested. He specified that the people might be arrested under the condition when their guilt is proved and there is accusative judgment, otherwise in case of the necessity that is observed from the course of the investigation. Due to these facts the People´s Deputy, the Judge of Ukraine or the President of Ukraine might be arrested until the sentence is passed after the Verkhovna Rada agreement.
The Bill (Reg.?3251) envisages exclusion from the article 80 the first part according to which the people’s Deputies are provided. The article 105 of the Constitution of Ukraine is also expected to be excluded according to which the right on immunity possesses the President of Ukraine. The same concerns the part two and three that impalement the responsibility for the encroachment upon the President´s dignity. Also it is envisaged that the President of Ukraine is not to be detained or arrested before the Verkhovna Rada agreement until the court judgment concerning him comes into force.
Consequently the immunity rates are implemented at the same level as for the President of Ukraine and for the People´s Deputy of Ukraine. Suggested part three of the article 8 and part two of the article 105 represents the norm of the part three of the article 126 of the Constitution of Ukraine that introduce the rates of the judgment immunity.
By UkrToday on Oct 26, 2009
The Bill of the Law on Amendments to the Constitution of Ukraine (re the Restriction of the Deputies´ Immunity) was presented by Viacheslav Kyrylenko. He reminded that the Bill was introduced for the Parliament in the end of the year 2007 and was scrutinized at the beginning of the year 2008. The Bill received positive resolution of the constitutional Court of Ukraine.
V. Kyrylenko has pointed out the attention on the fact that the bill suggested by O. Lavrynovych had not undergone any Constitutional Court Procedure.
S. Mishchenko, the Chairman of the committee on Legal Policy informed on the decisions regarding both bills. Regarding the Bill ?1375 S. Mishchenko declared that for the adoption of the bill as a basis the Deputies need now 226 votes. During the next session in February, for the adoption of the mentioned bill 300 votes would be required, consequently the Bill would not come into force immediately.
S. Mishchenko declared that the Committee recommends that the Verkhovna Rada of Ukraine should direct the Bill, introduced by O. Lavrynovych for the Constitutional Court resolution.
AS a result of the voting the Bill (Reg.?3251) is directed to the Constitutional Court of Ukraine and the Bill (Reg.?1375) is withdrawn from the voting.
The Verkhovna Rada of Ukraine has adopted the Law “On Moratorium on the Price and Tariff Increase on the Medicines and Medical Use Production” by 242 votes.
The People´s Deputies have scrutinized amendments to several Laws of Ukraine
Source RADA plenary Session 20 October, 2009
By UkrToday on Oct 26, 2009
Oleksandr Lavrynovych: In Ukrainian Country there must be no Citizen to have Exception in the Laws of Ukraine Implementation
(Press Service of the First Vice-Chairman of The Verkhovna Rada of Ukraine)
It was declared by the Oleksandr Lavrynovych, the First Vice-Chairman of the Verkhovna Rada of Ukraine form the tribune of the Parliament during the morning sitting, representing the Bill ?3251 “The Bill on Amendments to the constitution of Ukraine (re the Immunity Granting for certain officials).” The Bill envisages the withdrawal of the immunity not only from the People´s Deputies but from the President as well.
“The Bill (?3251) is aimed first of all at the equal law for everyone. In Ukrainian Country there must be no citizen to have exception in the Laws of Ukraine implementation”, – O. Lavrynovych stressed.
According to him, irrespective of what position the citizen occupies, President of Ukraine or People´s Deputy of Ukraine or working in the Ukrainian court, – requirements and obligations of the Ukrainian laws are compulsory for everyone.”
Representing the Bill ?3251 O. Lavrynovych explained is norms: “All the high-ranking officials having obligations before the People of Ukraine in the name of the state should be excused only from the being arrested”. He specified that: “These people might be arrested under the condition when their guilt is proved and there is accusative judgment, otherwise in case of the necessity that is observed from the course of the investigation. Due to these facts the People´s Deputy, the Judge of Ukraine or the President of Ukraine might be arrested until the sentence is passed after the Verkhovna Rada agreement.”
390 People´s Deputies upheld the adjusting of the Bill ?3251 “Bill on Amendments to the Constitution of Ukraine (re the Guarantee of Immunity for certain Officials)” to the agenda and its further direction to the Constitutional Court.
Source Rada Ukraine web site
By UkrToday on Oct 26, 2009
Hogwash!!!
By Wolodymir on Oct 26, 2009