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Showing posts from May, 2007

President´s Rewording Places at Risk Accord Whilst Undermining the Independence of Ukraine´s Judicary

Ukraine´s President, Viktor Yushenko, has unilaterally reworded the agreement, placing at risk the accord agreed to last week. Concern expúressed that the Presidnet continues to interfer with the independenace and activities of Ukraine´s Constitutuional Court Party of Regions warns Yushchenko team it could kill deal KYIV. May 30 ( Interfax ) - The Party of Regions of Ukraine may withdraw its signature from an agreement with the president, prime minister, and the parliamentary speaker if the president continues to interfere in the activity of courts and law enforcement authorities, the party warned in a statement circulated on Tuesday evening. "We deem it necessary to point out that, if the president's team continues revising the provisions of the 'statement by the three', the Party of Regions intends to insist that the party leader annul his signature on the common statement," it said In line with Clause 7 of the statement signed by the president, the Verkhovna R...

Poll Notes Little Change in Voter Sentiment.

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A recent public opinion poll published on May 29, 2007 (Source UkrNews ) prior to the announcement of the October 30 Parliamentary election confirms little change in voter sentiment with Party of Regions securing over 51% of the parliamentary seats in their own right. The polls have been fairly consistent and the only party to experience a shift in fortune is the Socialist Party of Ukraine, headed by Olexander Moroz, who is currently on 2.8% (0.2% below the 3% parliamentary electoral threshold). If the polling results hold, and all indication is that they will, then the question must be asked - for what purpose has the president initiated his actions. The opportunity for the ppposition parties to strengthen the loyalty of their nominated representatives? * Note adjustment made for comparison to People's Self-Defence and Our Urkaine whose results have been combined in the published poll. The "split" is estimated based on previously published polls . Party Poll% Seats% S...

Ukraine leaders sign joint statement on proposed resolution of current Crisis

President Victor Yushchenko, Prime Minister Viktor Yanukovych and Speaker Oleksandr Moroz on Sunday morning signed a joint statement to defuse Ukraine's political crisis. Joint Statement by the President of Ukraine, the speaker of the Verkhovna Rada of Ukraine and the Prime Minister of Ukraine on Urgent Measures Aimed at Resolving the Political Crisis Through Early Parliamentary Elections May 27, 2007 Being fully aware of the responsibility for the country’s social, political and economic situation, guaranteeing that there will be no escalation of the political crisis, seeking to resolve it as quickly as possible through exceptionally peaceful means on the basis of talks involving the leading political forces, guided by the Constitution of Ukraine and wishing to uphold the nation’s interests and preserve the country’s unity, the sides have agreed to: 1. for the purpose of creating proper conditions enabling the citizens to exercise their constitutional rights, ensure that there are...

New Elections Not Enough to Ease Underlying Ukranian Tensions

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Key parliamentary votes are due in Ukraine this week to finally resolve a long-running political crisis by setting the groundwork for early elections. But some fear even these steps won't heal the ex-Soviet republic. Source dw-world The two rivals in the power struggle, President Viktor Yushchenko and Prime Minister Viktor Yanukovych, agreed on Sunday to hold elections on September 30 but their deal hinges on parliamentary votes on Tuesday and Wednesday. Once the votes are passed, Yushchenko is to formally set the election date. "Agreement on the date is only the beginning of the end of the crisis and the vote in parliament will be its final point," Vadim Karasyov, head of the Institute for Global Strategies in Kiev, told reporters. An earlier agreement to resolve the crisis fell through last month. The votes include parliamentary approval of financing for the elections and changes in the make-up of the central elections commission to allow greater representation for memb...

Fresh Poll Date Set for September 30

An Agreement has been reached for fresh parliamentary elections to be held on September 30 following what was ¨ troop movements ¨ loyal to the president just outside Kyiv.

President Appeal to Avoid Judicial Review Rejected by Kyiv Court

A local Kiev court on Tuesday rejected President Viktor Yushchenko appeal that had been seeking to prevent the Constitutional Court from issuing a ruling on political crisis. The Constitutional Court is now expected to rule on the presidential decree dismissing Ukraine's democratically elected parliament unconstitutional. If the Constitutional Court rules against the president's decree then Viktor Yuchenko will be under pressure to resign or face impeachment procedures citing breaches of oath as the reason for impeachment. There is concern that Viktor Yushchenko might decide to declare a state of emergency which would seek Ukraine follow in the steps of Thailand further exacerbating the political tensions and division in Ukraine today. Yulia Tymoshenko has urged the president to ask the National Security Defence Council to force the president's decree and hold fresh elections on June 24 The Parliamentary Assembly Council of Europe ( PACE ) president, Rene van der Linden,...

Constitutional Court to Rule Against President's Decree

Ukraine's Constitutional Court to rule Presidents 26 April decree unconstitutional Source: ITAR-TASS On Tuesday, Judge of the Constitutional Court Stephan Garish noted that the court will recognize unconstitutional the April 26 presidential decree on the dissolution of the Supreme Rada. “Proceeding from the tone of discussion and issues discussed by judges of the Constitutional Court, it seems to me that this decision is ripe for a long time ago. Under these conditions the outlook is clear. I think that this court will not recognize the presidential decree as lawful,” believed Garish, who has been recently appointed as a judge of the Constitutional Court by presidential decree, but has not assumed his office yet." The ruling by the constitutional court has been widely expected as the President has limited authority under Article 90 of Ukraine's constitution to dismiss Ukraine's Parliament. Viktor Yushchenko, Ukraine's President, has gone to extraordinary efforts...

Battle of the courts in rule of law and defence of democracy in Ukraine

In a desperate move to prevent judicial review of his decisions, Viktor Yushchenko, Ukraine's President has sought an injunction against the Constitutional Court of Ukraine in order to prevent the court form ruling on the legality of the President actions. Viktor Yushchenko had earlier given an undertaken to respect the determination of the court . Now faced with reality that the court will make a ruling against the President the office of the president continues to pursue all avenues to prevent the ruling being made. The president tried to stop the court from considering the governments appeal and even went to the extra-ordinary step of dismissing three judges and have them replaced with those loyal to the president. The dismissal of the judges was overturned by a lower court and the judges reinstated accordingly. The Constitutional Court has had to take extreme measure to protect it's sovereignty and constitutional right to consider the appeal lodge by Ukraine's parliam...

Breach of Solemn Oath

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Words of sincerity or expression of convenience 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." Ukraine's President, Viktor Yuchenko, having previously indicated that he would uphold the determination of Ukraine's Constitutional Court -- faced with prospect that Ukraine's Constitutional Court will rule against him by declaring his presidential decrees dismissing Ukraine's democratically elected parliament unconstitutional -- is now engaged in a campaign designed to under...

The system of checks and balances: Before and after political reform

The “Public Consultations and Awareness Campaign on Political Reform in Ukraine” project, being implemented by ICPS and the Center for Ukrainian Reform Education (CURE) with financial support from the Westminster Foundation for Democracy (WFD), is summing up preliminary results. Source: Ukrainian Journal Over the first quarter of 2007, public consultations were held in five cities: Lutsk, Dnipropetrovsk, Simferopol, Mykolayiv, and Chernivtsi. Recently, two booklets were published: “Political Reform as Seen by the Public” and “Political Reform as Seen by the Government” Ukraine’s 1996 Constitution gave the President the greatest powers and the least accountability compared with other government bodies. The political reform should have increased both the accountability and responsibility of the government to voters and, in such a manner, have brought Ukraine closer to European standards. A Law amending the Constitution was adopted on 8 December 2004 and came into force in 2006. Instead o...

Top Judge Quits Court on the Eve of Deliberation

Ukraine's Constitutional Court Chairman, Ivan Dombrowski, has resigned on the eve of the Constitutional Court's deliberations on the legality of the President's decree dismissing Ukraine's democratically elected parliament, throwing Ukraine once again deeper into a political crisis which has divided the nation. Ivan Dombrowski's resignation (submitted for a second time) comes amidst concern that Ukraine's president, Viktor Yushchenko, has been applying pressure on the court in order to prevent the court from ruling on the constitutionality of his decree made on April 2 and a second decree on April 26. The president, who summarily dismissed three constitutional Court Judges, citing breach of oath violations, has been accused of undermining the independence of the court which under Ukraine's constitution is strictly prohibited. President Yushchenko continues to politicise the court with the aim of making it dysfunctional. The Constitutional Court was expected ...

The Struggle for Democracy

An analysis of political instability in Ukraine after the Orange Revolution by Kateryna Malyhina and Morten Larsen Nonboe Source APEM The Ukrainian Orange Revolution tends to be viewed in a somewhat romantic light. Particularly in the West, the election of pro-Western president Viktor Yushchenko and the defeat of pro-Russian candidate Yanukovych are often seen as a victory for democracy promising a brighter future. Viewed from abroad, it may therefore appear highly peculiar that the streets of Kiev are now once again full of demonstrators. This article gives an account of the events leading to the current Ukrainian political crisis and tries to explain the causes of the political instability that is once again tormenting Ukraine. The Orange Legacy and the Quest for Power The current political crisis in Ukraine must been seen in the context of the general political situation in the country. In particular, the crisis is closely intertwined with the well-known events in late 2004 and ear...

Ukraine's Constitutional Court reconstituted

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Ukraine's Constitutional Court judges that were summarily dismissed by Ukraine's President, Viktor Yushchenko, two weeks ago have been reinstated following an injunction issued by a lower court , in what is seen by some as a controversial decision and by others as a win for democracy and rule of law. By summarily dismissing three Constitutional Court Judges , Ukraine's President, Viktor Yushchenko, had compromised the independence of Ukraine's Judicial system and denied the Judges concerned natural justice. Details of the courts ruling are unclear but it was earlier stated that the President had acted unlawfully in that the dismissal of the judges in what was considered by many as an act of deliberate interference in the deliberations of the Court's consideration of the presidential decree dismissing Ukraine's democratically elected Parliament. It is expected that the decision of the lower court will be appealed in Ukraine's supreme court. Ukraine's Cons...

China Syndrome. Ukraine facing a political meltdown.

As Ukraine waits for further development and announcements from either the waring parties or Ukraine's Constitutional Court (which is expected to make an announcement tomorrow May 17) I thought the following article from China to be of interest. There are some errors of facts in the commentary but overall it is a fair and honest report on the current political power struggle that has enveloped Ukraine. A president that shows little sign or concern for Ukraine's economic or democratic development or respect` for the principle of democracy or rule of law. A president who is more concerned about pushing forward his political agenda for Ukraine to join NATO then he is about representing the wishes and aspiration of a majority of Ukrainians. A power struggle between a would be presidential dictatorship and Ukraine's democratically elected Parliamentary government. It was pleasing to see a little more balance and less stereotypical east versus west reporting that invades most of ...

Ukraine Eurovision 2007

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Ein swine dri... Ukraine comes second in the Eurovisison song contest with a risque Drag Queen Comedy act. Ukrainian comedian Andriy Danylko alias Serduchka No 18 in the contest has come second (235 points) in the 2007 Eurovision Song Contest. This is the second time that Ukraine has been in the finals this prestigious event. Dame Edna Everage would be proud of the Generation X winners. Do not expect the runner-up of this years contest to front Our Ukraine's Parliamentary list.

Yushchenko sackes 3rd Constitutional Court Judge raising serious concerns about the independence of the Ukraine's highest Court

Victor Yushchenko has threatened on Thursday to summon Ukraine's security council to break the deadlock. Once again escalating the Ukrainian political crisis. The dismissal of a third Constitutional Court Judge is seen as a direct attempt by the President to avoid accountability and review of his earlier decrees top dismiss Ukraine's Democratically elected Parliament The Constitutional Court was expected to announce its decision on the legality of the Presidents decree tomorrow. The interference of the Presidents has seriously undermined confidence in the Courts deliberations and the rule of law in Ukraine. Both the EU and Russia have adopted a stand back and watch approach stating that Ukraine should find a way to resolve this crisis by itself. Late last week there was hope that the crisis would come to an end with the prime minister agreeing to the holding of early election before the end of the year. The government had previously advocated joint Presidential and Parliamenta...

Poll shows no major shift in electoral fortunes with Party of Regions still securing the majority vote

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An opinion poll published May 7 shows that had an election been held in Ukraine there would be little change in the elections outcome with party of Regions securing 212 (47.2%) Parliamentary seats in their own right and with the support of the communist bloc (5.8%) would secure an absolute majority of parliamentary positions. Source: UNIAN News

Friction within Coalition Factions facing agreement for new elections

Prime-Minister, Viktor Yanukovych, the Ukraine's President, Viktor Yushchenko, have agreed to put an end to the ongoing political conflict that was dividing the nation. Following last Friday's announcement that an agreement has been reached to hold fresh elections in Ukraine before the years end has began to create disagreements and friction within the governing coalition. Election Free Summer Holiday with politcal discord Whilst Ukraine can look forward to an election free summer holiday the political game play is far from over as the politicians try to come to agreement over the details of putting the peace plan into effect. Member's of the coalition parties have expressed concern that they have not been fully consulted and that the Prime-Minister has given credence to the President's demands which they say are unconstitutional and should only be agreed to if and when Ukraine's Constitutional Court rules in favour of the President which is unlikely. President Oppo...

Second Decree on the rocks

President Yushchenko faced with reality revokes his decree disbanding Parliament

The President of Ukraine, Victor Yushchenko, and Prime Minister, Viktor Yanukovych, today announced an agreed position that will see the president of Ukraine revoke his second decree dissolving Ukraine's democratically elected parliament putting an end to the ongoing political Cruise's that has engulfed Ukraine for the last 4O days. Details of the proposed settlement are sketchy but it is understood that the President has agreed to a compromise position where early elections will be held in Autumn (October). It is unknown if the agreement includes the holding of fresh presidential elections as was original proposed. The proposed compromise settlement is in line with the proposal put forward by the Government early on in the crisis which followed the President's first decree on April 2 dissoloving Ukraine's Parliament. The Government considered the actions of the president was unconstitutional and members of parliament lodged an appeal with Ukraine's Constitutional C...

Viktor Yushchenko traveling the road to anarchy and chaos

Extract from Foreign notes : Translation of response by VR coalition leaders Yanuk. Moroz, and Symonenko to Stanik's sacking (signed and addressed to: 'The Ukrainian nation, PACE [council of Europe], the EU, all international organisations, and ambassadors accredited in Ukraine', from Yanuk's official website: - posted by LEvko @ 7:24 PM "Viktor Yushchenko by his anti-constitutional acts is pushing Ukraine along the road to anarchy and chaos... We are convinced that the president is realizing an anti-constitutional rebellion. The next step of the president could be an ukaz ordering tanks onto the streets.. The actions of the president of Ukraine are becoming dangerous for the state and the nation. Ukraine is threatened by legal disorder and civil war. We appeal to the Council of Europe with a call to support us in our demand against the return of authoritarianism in Ukraine. We call upon the world to remind president Yushchenko about democratic principles, about th...

2nd Judge Faces the Axe

Yushchenko acts to shore up his position and control over Ukraine's Constitutional Court

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Viktor Yushchenko has dismissed a second judge in what is seen as a political purge in order for the president to shore-up his position of authority and limit judicial accountability . The president's latest maneuver, on the eve of the Constitutional Court's ruling on the appeal against his decree,dismissing Ukraine's democratically elected parliament, seriously undermines the independence of the Court. On April 2 the president issued his first decree dismissing the parliament which resulted in stand-off and struggle for power between the Office of the President and the elected Parliament. The parliament, arguing that the President's decree was unconstitutional, lodged an appeal with the Constitutional Court. The court was due to hand down its ruling later this week. On April 26, soon after the Court moved into closed session, the President cancelled his first decree and issued a second decree with an additional citation alleging breaches under Article 90 of Ukraine...