Ukraine Today - An Independent Political Review

Ukraine - The Birth of a Nation. A 4 part series as seen from a polish perspective. This documentary failed to give recognition to the role played by Olexandr Moroz, leader of the Socialist party of Ukraine, without whom the Orange Revolution and the election of Victor Yushchenko would not have been successful. In December 2004 Viktor Yushchenko was elected Ukraine's third President with 54% support o voters in the third round of voting in what was to be known as the Orange Revolution . Part of the agreement arsing from the Orange Revolution was the Ukraine's transition from Presidential rule towards a parliamentary system of governance. In 2002/3 Victor Yushchenko  opposed the adoption of a Parliamentary Democacy a proposal put forward by Lenoid Kuchma that fell short by just five votes (295) of the two-thirds vote (300) of Ukraine's Parliament (450) Victor Yushchenko continued when elected President in December 2004 continued to oppose  democrat...

The European Parliament passed a rather weak mooted resolution on Ukraine, holding out the possibility that it may still be a possible for Ukraine to become a member state of the EU .  But it did not provide any assurances, time lines or definitive requirements, other then weak possibilities Foreign notes LEvko , provided a link to the resolution of the European parliament (Copy below). Of note is Item 7. [The EU Parliament] Takes the view that a failure to review Yulia Tymoshenko's conviction will jeopardise the conclusion of the Association Agreement and its ratification, while pushing the country further away from the realisation of its European perspective; expresses concern at some signs of decline in democratic freedoms and at the possible instrumentalisation of state institutions for partisan purposes and to exact political revenge; In addition, is item 11. Strongly supports the recommendations put forward in the joint opinion of the Venice Commission and t...

The people of Ukraine must take collective responsibility for their own Governance. Ukraine MUST reform its Constitution and implement a full parliamentary model of government (Along the lines of Estonia and Latvia - both former Soviet States that are now relatively successful EU member states) Ukraine MUST remove power and authority from the office of the President  and have the parliament elect the head of state on the basis of a two-thirds constitutional majoiorty  (Again in line with Estonia and Latvia's provisions) Ukraine MUST reform the Parliament to make it more accountable and representative of the people. (This can best be achieved by establishing 45 local electorates with each electorate electing 9 members of parliament using a single transferable proportional representation voting system) The Executive government SHOULD be elected from and by members of the parliament (As is the case under the Westminster system of parliamentary democracy) Ukraine...

The flawed systen of governance in Ukraine has been in place much longer then Yanukovych.Even under Yushchenko the system was corrupt.What is not reported is that the media is that the persecution of Tymoshenko in relation to the Gas negotiations was initiated by Victor Yushchenko and his self appointed National Security Council. The allegations that the gas suppply contract entered into by Tymoshenko was detrimental to Ukraine's interests is very subjective. The damage and economic cost arising from Tymoshenko's persecution is far greater than the claimed loss of 188 Million. Ukraine relationships with the international community is on the edge of collapse, investments are placed on hold and the value of the Ukrainian hrivina is under pressure teetering on collapse. There are even suggestions that the fall out of this issue may seriously impact the proposed Euro 2012 football championship. I, like many had grown weary of Yulia's antics and inconsistent policies, but I am s...

Semi-Presidentialism, Political Reform, and the Future of Ukrainian Democracy by Andreas Umland Source: Foreign Policy Journal.   The current public controversy about what division of power Ukraine should have in the future is overdue.  The various political crises of the past fifteen years have amply shown that the Ukrainian Constitution, whether in its 1996 or 2004 versions, needs revision. However, the arguments made in Ukrainian mass media today concerning constitutional reform mostly ignore what political science has to say about the appropriateness of various forms of presidential rule for post-communist transition states. For this reason, many of the current public exchanges about the division of power that Ukraine supposedly requires miss the point. These discussions are mainly about the amount of prerogatives that Ukraine’s future more or less powerful President should have. The arguments thus remain within the realm of a compari...

Ukraine democratic coalition needs a common policy for reform. Where to?  Whats next? Ukraine needs to form a "Democratic coalition" with a single goal of getting the foundation for a true independent democratic state right Ukraine needs to rebuild the foundation stones of democracy. It has to make a stand for set the agenda for reform.   Get the foundations right and the rest should follow.  Get it wrong and the state will fall. If the democratic coalition fails to come up with a united position then democracy in Ukraine will be a lost cause. The coalition does not have to agree to support each other in government but it must be united in its position for democratic constitutional reform.  IT MUST ADVOCATE FROM A POSITION OF UNITY 

There is growing concern being expressed in the corridors of power in Europe with representatives of the Parliamentary Assembly of the Council of Europe (PACE)  discovering that Yanukovych has misunderstood the recommendations and directions that Europe wants to see Ukraine take. The changes that saw Ukraine revert back to the provisions of the 1996 version of its Constitution following the determination of Ukraine's Constitutional court has set off alarm bells that Ukraine is taking a backward step. PACE whilst critical of certain provisions of the 2004 Constitutional Amendments were not opposed to them in fact they were supportive.  Their main criticism of the 2004 amendments were the Imperative Mandate provisions and the apparent unworkable divisions of power between the Office of the President and the Parliament, divisions that often brought the two into conflict and at odds to each other, divisions that made government in Ukraine unworkable.  PACE was not opposed...

The West to a large extent also shares responsibility for the railing if the Ukrainian government. They stood by and watch democracy in Ukraine being rapped and said nothing..    In April 2007 Yushchenko unconstitutionally and illegally interfered with the independence of Ukraine;s Constitutional Court in order to prevent the court from ruling against his decision to dismiss Ukraine's democratically elected Parliament. Yanukovych at the time was prime minister, his term of office was cut short by a President who showed no respect for rule of law or democracy.    The "West", and the Venice Commission in particular, stood by and remained silent was democracy and rule of law was being violated. They have no credibility or moral right to speak out against the violations have been complicit it its abuse and misuse previously. Yes they should speak out but they should have also spoken out back in 2007.  If they stood up now  and said they got i...

President Viktor Yanukovych (second from left) shakes hands in this Aug. 17 photograph with close ally Volodymyr Kolesnichenko, head of Ukraine’s High Council of Justice, which appoints judges. Anatoly Golovin, also a close presidential ally who heads Ukraine’s Constitutional Court, is at left. Oleksandr Pasaniuk, head of the High Administrative Court, is at right. All three are recent appointees. (Mykhailo Markiv) Stacked Justice Source: Kyiv Post - Graham Stack, Peter Byrne and Yuriy Onyshkiv Ukrainians will almost certainly get major changes to the Constitution, whether they like it or not. To change the Constitution in a way that gives him and future presidents more power, President Viktor Yanukovych will benefit greatly from a friendly Constitutional Court that ratifies any new document. But have his supporters stacked the 18-member judicial body with Party of Regions supporters to ensure that the court sanctions ...

Ukraine's Constitutional Court will commence consideration of what will be one its most significant decisions in Ukraine's history. It will decide if Ukraine winds back the clock and restore a presidential autocratic state. One of the main outcomes of the 2004 "Orange Revolution" was Constitutional reform negotiated as part of a settlement of the civil unrest and crisis facing Ukraine. The constitutional changes saw Ukraine remove power from the central presidential authority and shift more towards a European style Parliamentary democracy. The Presidential system of authority has been the main problem facing Ukraine's development since its declaration of independence. Unlike other former soviet states such as Estonia and Latvia Ukraine did not adopt a parliamentary model of governance. It instead kept the soviet/US style presidential system. A system that has consistently failed Ukraine. In order to understand Ukraine;'s current situation you need ...

Ukraine has to a degree restored  political stability following the defeat and ousting of Victor Yushchenko. With this change has also come a change in political direction. In 2008/9 Ukraine was in debate and discussion as to how Ukraine would be best served by implementing Constitutional reform. There was at the time concern about the then pending Presidential election. One proposal was to remove power from the President and let Ukraine's head of state by a constitutional Two-thirds majority parliamentary vote as is the case in Estonia, Latvia and Moldavia. The discussions and proposals were derailed primarily by the President Viktor Yushchenko who's on standing in Ukraine had collapsed from a high of 52% in 2004 to less then 5% (below below 2%). Ukraine as a result retained the presidential system and spent over 200 million dollars in conducting a Presidential election which was held in January/February this year. Soon after taking Office Ukraine's newly electe...

The Economist has an excellent article in review of Ukraine's modern political history The Swing analysis between the 2004 presidential election, 2007 Parliamentary election and last Sundays vote shows that there has been little overall movement in voters support/allegiance in Ukraine. Whilst in theory the election could be close much of it depends on the split of secondary alternative support from Minor candidates who did not make it into the final round ballot. Ukrainian banker turn presidential candidate Oleh Tihipko ( Whom two of my good friends in Kyiv who work in the banking sector voted for ) spent over 100 million dollars in his campaign with much of his support coming from Kyiv and the Eastern and Southern regions of Ukraine. Dnepropetrovsk being his strongest region. (See voter distribution maps below). The real issue and problem with Ukraine finding its stability, was its decision to retain the soviet style presidential system. Had Ukraine adopted a parliamentary...

Ukraine's president has to much power. Powers, as we saw, that were often misused and abused. The 2004/5 constitutional amendments were a step in the right direction and yes they were a compromise. The president powers should have had less power. Both Tymochenko and Yanukovych have been giving mixed singles.  One hand they say they support Ukraine adopting a European model of parliamentary democracy on the other they advocate a return to Presidential authority. The fact remains that the presidential system has and will forever fail Ukraine, dividing the nation and in the process undermining its independence and stability. The previous parliament and government lead by Viktor Yanukovych was stable and effective. There was no basis or legal grounds for its dismissal. But so would have been  a Orange coalition had Yushchenko and Our Ukraine not sold it out. Tymoshenko's government has never been given a chance to govern. It was undermined by Yushchenko at every step. ...

In what has been a full on news day for Ukraine it has become obvious that Ukraine will face another fresh round of Parliamentary elections in the new year. Party of Regions, Viktor Yanukovych has indicated that they aim to secure both the presidency and the prime-ministership once the Presidential election is over. Effort will be made to form a new coalition to appoint a new government. If that fails the newly elected president will seek ways to dismiss the parliament and hold fresh elections. Any possibility of meaningful long term constitutional reform will fall by the wayside as Ukraine becomes a one party state. This is what’s at risk the most. Power corrupts and absolute power corrupts absolutely. Yanukovych may soon forsake the ideal of Ukraine adopting a European Parliamentary system in favor of short-term power and control. Yulia Tymoshenko has conceded as much. Parliamentary elections should not allowed to proceed without first addressing the fundamental issue ...

The Ukraine Parliament has overwelmingly rejected Victor Yushchenko's proposed Constitutional Reforms Yushchenko's has proposed that Ukraine revert back to a soviet style presidential autocracy where the President would have absolute power of Ukraine's parliament, the courts and the executive government. If implemented Ukraine would no longer be a democratic state.  Ukraine's Constitution can only be amended with the support of two-thirds majority (300 or more) of the parliament. 48 out of 450 members (11%) of Ukraine's Parliament voted to support the president's proposed reforms.

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 provisions of Ukraine's current constitution Ukraine's President is the only person who has absolute immunity. Members of parliament currently have the same immunity as that afforded to Judges. The proposed amendments means that 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 li...

Viktor Yushchenko continues to push for his Constitutional reform . If implemented it would spell the end to Ukraine as a democratic state. Instead of being a democracy Ukraine would become a Presidential autocracy. Holding an open public debate where Yushchenko's version of constitutioanl reform is the only item up for discussion is not the way to go about seeking reform Yushchenko can not legally change Ukraine's Constitution without the support of the Parliament. Ukraine's Constitution can not be amended before the next Presidential election.  The Parliament is the only body that can amend Ukraine's Constitution. In accordance with Chapter XIII: Ukraine's Constitution can only be amended with the consent of no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine. In addition amendments to Chapter I — "General Principles," Chapter III — "Elections. Referendum," and Chapter XIII — "Introduci...

A recent public opinion poll published in Kyivpost has Yushchenko listed at 7.1% (Significantly greater then all other polls). Yushchenko, who is still in single digits, is behind Yanukovych (21.7%), Tymoshenko (14%) and Yatseniuk (10%) The poll was conducted by the National Institute for Strategic Studies (NISS). This poll is very much out of sync with all other public opinion polls. If it is to be believed than it shows Yushchenko picking up ground at the expense of Yatseniuk who has dropped to just 10%. Both Yatseniuk and Yushchenko are vying for the same electorate base. Under Ukraine's two-round "first-past-the-post" Presidential voting system Yushchenko would have to out-poll both Yulia Tymoshenko and Yasteniuk to survive the first round of voting. It needs to be mentioned that since 19 November 2000, the National Institute for Strategic Studies has been subordinated to the Office of the President of Ukraine and the Institute's current director, Yuri ...

Back in June the Venice Commission reviewed a draft legislation on Parliamentary Elections proposed and submitted by the Ukrainian Parliament Committee on State Building and Local Self-Governance . The system proposed in the draft law provides for 450 parliamentarians to be elected under a form of proportional representation that uses territorial election districts, including a foreign territorial election district where ballots are cast by out of country voters. Under the proposed system, most members of parliament will be elected from national lists, with the mathematical possibility for individual political party candidates to be elected within an in-country territorial election district from a territorial list. The proposed model, as commented in the Venice Commission's report , is very convoluted, complex and over engineered. It seeks to reinstate a "hybrid representative model" which is extraordinary and unnecessarily complex in its implementation. Under the prop...

Viktor Yushchenko, devoid of any real issue of substance in the lead up to the campaign, has embarked on a crusade to make the next Presidential election a referendum on Constitutional reform in support of his proposal to reinstate absolute presidential authority over Ukraine. Whilst Yushchenko spouses the words of democracy his actions and policies are far from being democratic or constitutional. In a desperate attempt to regain relevance Yushchenko wants his version of the constitution to be put to referendum at the next Presidential election in which he hopes to control the agenda. The devil is in the detail and there is no way the Constitution, without wide support, can be properly debated and understood. The time to debate reform has passed and most certainly should not be the main focus of the Presidential campaign. The issues are complicated and require proper consideration as to the alternatives and impacts of the proposed changes. They can not and should not be considered ...