Blockading the Verkhovna Rada

Kateryna Malyhina

For nearly a month Ukraine’s legislature has been paralyzed. The Party of Regions (PR) is blocking the work of the Parliament. The cause is the secret letter to NATO about Ukraine’s accession to the Membership Action Plan that was signed by the Head of the Verkhovna Rada of Ukraine A. Yatsenyuk. The PR claims that such an action was not sanctioned by the Verkhovna Rada of Ukraine, and therefore lacks the approval of the Ukrainian people. As a result Yatsenyuk had no right to put his signature to such an important document. Both de facto and de jure, they are right. But what in reality stands behind such an action?

At a first glance, the Party of Regions has dual benefits. On the one hand, it has raised its credibility in the eyes of people, showing that it acts as a true opposition, which seeks to ensure that those who are in power do not violate laws. On the other hand, referring to the “desire of the Ukrainian nation” and demanding a referendum on Ukraine’s accession to NATO, the PR does not explicitly oppose NATO, but at the same time strengthens the position among its traditional voters, who had already begun to doubt the ability of the PR, to defend their interests.

However, the list of the benefits for the PR in this situation does not end here. Having failed to gain power, the PR needs to fulfill its most important current task: that is, to prevent the normal functioning of Tymoshenko’s government, but not to advocate expressly for her resignation. There are two reasons why the PR will not take this latter step. First, by distributing social benefits, she is at the peak of popularity now and direct actions will only enhance her popularity. Second, it will benefit Yanukovych to let Tymoshenko “work” now, make mistakes, and thus show that her government is unable to lead Ukraine into a “bright future.”

By blocking parliament, the PR seized the opportunity to impede Tymoshenko’s plans, while acting within the law. Tymoshenko’s government urgently needs money in order to continue its mega-project named “compensation of lost deposits in the USSR Savings Bank.” The quickest and easiest way to obtain money is through re-privatization of companies, which has already been proven to work. Why put all one’s efforts in developing the economy, when one can quickly “redistribute” everything, referring to the unfair privatization in the 90s. That is why the Prime Minister has already made attempts to dismiss the Head of the State Property Fund Valentyna Semenyuk. Tymoshenko needs her own man for such a responsible position (incidentally, Andrei Portnov from BYUT was thought to be the replacement for Semenyuk). But this turned out to be far from easy. According to Article 85 §12 of the amended Constitution, the right to appoint and dismiss the Head of the State Property Fund has been allocated to the Verkhovna Rada. And the legislature is not functioning at this time.

But as the Ukrainian saying goes, “too much of something can be harmful.” The PR cannot block the parliament indefinitely. It is also highly unlikely that the PR will succeed in forcing through its own terms–to vote on the commencement to the Membership Action Plan only after a referendum–because it cannot at present gain a majority in parliament. To further block the work of the Verkhovna Rada will soon no longer be profitable. First, while the “30 days” before the President has the duty to dissolve the parliament (according to the Art. 90 §3 of Ukraine’s Constitution) are already counting down, Yatsenyuk has already stated that he will not let the Verkhovna Rada work for half a day and be blocked again afterwards. Therefore the only possibility to start the countdown from day one is when the parliament will be fully “unblocked.” Second, if the PR continues blocking the parliament, time will start to work against it in a while. The PR will be blamed for a new political crisis. Moreover, Tymoshenko will declare once again that she has been prevented from working, which will only improve her image.

There is one more risk when prolonging the conflict. The President may start exercising legislative functions directly from his office. Indeed, Article 93 of the Constitution states that the President of Ukraine has the right of legislative initiative; and according to Article 106 the president then issues decrees and orders, which are mandatory for execution, and Article 113 indicates that the Cabinet of Ministers of Ukraine is still accountable to the President of Ukraine. Thus, there is a risk of introducing the “direct” presidential rule: Yushchenko would issue the decrees that Tymoshenko’s government need, bypassing the parliament. There is no question that the Party of Regions recognizes this possibility.

Therefore, it is likely that conflict will be soon resolved and the Verkhovna Rada must resume its work in the nearest future. By permitting this to happen and despite the technical defeat, the Party of Regions will still remain the winner. After all, the problem is not NATO.

First published at ХайВей// HighWay on February 19, 2008
http://h.ua/story/84206/

The 2007 Parliamentary Elections: Winners, Losers, and Coalition Prospects

By Ilya Khineyko

On 30 September, for the second time in two years, Ukraine held parliamentary elections, which were recognized as free and fair by international observers from the West and Russia. Five blocs and parties: the Our Ukraine – People’s Self-Defense (OU-PSD, NUNS in the Ukrainian acronym), the Tymoshenko bloc, the Party of Regions (PofR), the Communist Party, and the Lytvyn bloc garnered more than the 3% required to get into the new parliament. It is, however, far from certain when the political forces represented in the new Rada will be able to form a parliamentary majority and appoint a new government. As it stands, the political crisis that has permeated the Ukrainian political scene since last spring is far from over. Some unexpected political alliances might emerge from the protracted political discussions that are likely to follow the announcement of the final results on 15 October. The Party of Regions has the largest percentage and highest number of seats, followed closely by the Tymoshenko Bloc, while the pro-presidential OU-PSD is a distant third. The two other factions in the new parliament have less than fifty seats combined, but it is widely expected that the smallest faction, the Lytvyn Bloc, could play the role of a kingmaker in the new parliament.

Results of 2006 Parliamentary Elections

Party Seats Percentage

Party of Regions 175 34.37
Bloc Yulia Tymoshenko 156 30.71
NUNS 72 14.5
Communist Party 27 5.39
Bloc Volodymyr Lytvyn 20 3.96

In assessing these results, a background of the events leading up to this election is useful. The election season in Ukraine began on 2 April when President Yushchenko issued a decree dissolving the previous convocation of the Verkhovna Rada. What seemed a last resort on the part of the President came after the ruling coalition of Prime Minister Viktor Yanukovych and Speaker Oleksandr Moroz had successfully wooed a handful of opposition deputies to switch sides, leading to talks on forming a constitutional majority, a move that would have rendered the president a purely ceremonial figure. Opinion polls indicated that the early elections would not change the status quo as the Party of Regions was expected to retain its high standings, while the fortunes of Our Ukraine seemed bleak. Indeed, the Party of Regions managed to increase slightly its percentage of the vote as did the OU-PSD bloc. However, both parties stand to lose a handful of seats each in the new parliament, due to the dramatic surge of the Tymoshenko bloc, the biggest winner in the elections. Tymoshenko’s parliamentary faction will expand from 129 to 156 deputies as a result of gaining 8% more votes than it received compared to the 2006 results. The combined tally of the OU-PSD and the Tymoshenko Bloc (228 seats) is enough to form a parliamentary majority and establish a new ‘Orange’ government. The events seemed to be following this course on election night when a jubilant Yulia Tymoshenko was greeted by leader of PSD and leading candidate on the OU-PSD candidate list, Yuri Lutsenko. During a joint press-conference both leaders vowed to stay true to the “ideals of the Maidan” and honor the pre-election agreements to form a coalition of democratic forces. However, on 3 October, President Yushchenko caused consternation among the Orange campwhen he issued a statement urging all political forces to “seek a compromise” and consider forming a broad coalition that would include the Party of Regions as well.

Why did the President decide to contradict the leader of his party and what lies behind the call for unity and compromise? Several observers pointed out that a Yulia Tymoshchenko government would seriously undermine if not completely dash Yushchenko’s hopes to run for the presidency again in 2008. By becoming the Prime Minister now, Yulia Tymoshenko would be able to use the powers of the office to boost her profile at the expense of Yushchenko to the point where nominating her as the presidential candidate of the Orange forces would be the only choice left to defeat Yanukovych or any other presidential hopeful from the Party of Regions. It appears in retrospect that Viktor Yanukovych made a huge political blunder by attempting to strip the president of the last vestiges of real power instead of forging a meaningful alliance with Our Ukraine that would relegate the Tymoshenko Bloc to the opposition benches. As the prominent Ukrainian pundit Yulia Lymar pointed out, “The problem of Yanukovych lies in the fact it took too long for him, that is until now, to realize that he needs Yushchenko as much as Yushchenko needs him… Unfortunately, this card cannot be played any more”

Yet, there is no unity within the OU-PSD bloc concerning Tymoshenko’s current candidacy. Whereas business groups in Our Ukraine represented by Yuri Yekhanurov are vehemently opposed to the possibility of Tymoshenko becoming Prime Minister as evidenced in a memo published by Ukrains’ka pravda, Yuri Lutsenko and his People’s Self-Defense group are clearly in favor of such a step. It is likely that if Yanukovych retains his prime-ministerial post, Lutsenko’s party members will break away from Our Ukraine and join forces with BYuT. Furthermore, the Orange electorate remains deeply antagonistic to the figure of Yanukovych, so Our Ukraine risks losing even more electoral support to the Tymoshenko Bloc if an alliance between Yushchenko and Yanukovych becomes a reality. In this light, the standings of Viktor Yanukovych within the PofR might not be as solid as they appear. As Ukrains’ka pravda’s analysis reveals, the Party of Regions candidate list was filled by people loyal to Rinat Akhmetov who is much more willing to seek rapport with Yushchenko in order to stop Yulia Tymoshenko even if it would mean changing the leadership of the party.

The prospect of an Orange coalition remains a more feasible option. After a closed door meeting with President Yushchenko on 4 October, Yuri Lutsenko opined that the Orange coalition might be formed by 15 October when the Central Electoral Committee is scheduled to announce the official results. However, given the factors described above, Ukrainian politics may yield more surprises in the coming weeks.

Published by the Stasiuk Program for the Study of Contemporary Ukraine, Canadian Institute of Ukrainian Studies. This article may be reproduced with appropriate acknowledgement.

The election campaign in Ukraine is already underway

Ukraine takes a decisive step closer to parliamentary elections after 155 Verkhovna Rada deputies surrender their mandates.

By Ilya Khineyko

On June 15 the Verkhovna Rada of Ukraine of the 5th session ceased to exist. By the morning of that day, 151 deputies from Our Ukraine and the Tymoshenko bloc had submitted their resignation papers to Oleksandr Moroz, bringing the total number of parliamentarians below the necessary quorum of 300. Later that same day, four more resignations were announced.
The de-facto dissolution of the Verkhovna Rada was carried out through the resignations of opposition deputies in accordance with the May 27 agreement of the Big Three, which ended the two-months-long political crisis in Ukraine. It happened in spite of the obstructionist maneuvers on the part of Oleksandr Moroz, who stands to lose most from the dissolution of the current parliament. Also, many rank-and-file opposition deputies were extremely reluctant to relinquish their mandates. As Ukrains’ka Pravda reports, before the resignations list was read out loud at the Verkhovna Rada session, “many MPs [had] asked not to have their names put in the top ten of the list because in the event that dissolution of parliament fails they would never have a chance to return to the Verkhovna Rada.”

From the Brink of Civil Strife to a New Election Campaign

By Ilya Khineyko

The most recent agreement by the three branches of government in Ukraine to hold elections on September 30, 2007 may not spell the end of the political crisis, which has plagued the country for the last two months.

“Today we can say that the political crisis is over,” Viktor Yushchenko told the Italian newspaper Corriere Della Serra on May 28, a day after Yushchenko, Oleksandr Moroz, and Viktor Yanukovych signed a joint statement, agreeing to set a date for early parliamentary elections on September 30. One cannot help but feel a strong sense of déjà vu regarding such confident pronouncements. After all, the political crisis in Ukraine, which began on April 2 when a presidential decree on the dissolution of the parliament was issued, was supposed to come to an end on May 4 when the president and prime minister agreed to hold early parliamentary elections. However, two important things were missing in the agreement: no definite election date was set and the signature of the third party, Verkhovna Rada speaker Moroz. At the time, it appeared that the Party of Regions had simply ‘disposed’ of the wily speaker whose party stood little chance of getting into the new Rada. These machinations, perhaps, provide a clue to understanding the tumultuous events of the last week that led to the Sunday agreement of the “Big Three.”