Ukraine Today - An Independent Political Review

Recent reviews and public opinion polls have Tymoshenko leading over Yanukovych in the primary vote. This comes as no surprise. Yanukovych can thank his mate Yushchenko for this monumental strategic stuff-up. Yushchenko and the government administration helped turn Tymoshenko into a Martyr. Yanukovych's term of office has virtually finished, as he has been overshadowed by the events surrounding Tymoshenko's imprisonment. He has no one else to blame for his own demise other then himself and those who he has taken advice from. No one is listening to any positive statements he has to make and he is one step short of being totally isolated from any meaningful negotiations with the west. I sincerely doubt if he can recover from this diplomatic disaster that has been imposed on Ukraine. Tymoshenko's support was on the decline prior to her arrest, as was pointed out by Taras Chornovil in a recent interview published in the Day. She has become more powerful and influ...

Yushchenko spent 21 million for foreign trips   Ukraine's president Viktor Yushchenko has spent up big on international travel amidst concerns that there is little to no gain from the expenditure leaving Ukraine to pick up the tab.    Yushchenko always takes big suite in his foreign trips, spends millions, but often brings nothing useful back – no important agreements or serious contracts. The president has made 76 trips for the years of his presidency. In his first year Yushchenko spent 15.7 million and this year 20.9 million UAH. Leonid Kuchma, for example, spent only 5.9 million for trips in 2004. Commenting on the president’s trip to Turkmenistan on September 15-16, vice speaker Mykola Tomenko, BYuT faction, said that Yushchenko used two planes and took with him a lot of officials, attendants and musicians. Expenses for president’s upkeep rose by 31%, 1.6 milliard UAH from the budget.

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 ...

Ukraine's embattled Viktor Yushchenko's deputy head of the Presidential Secretariat of Ukraine Maryna Stavniychuk intends to submit her resignation. According to the sources Maryna Stavniychuk had a falling out with Yushchenko's new head of the secretariat, Vera Ulianchenko, relating to the subordination of the main national legal service of the Presidential Secretariat. Raising concerns over Maryna Stavniychuk’s domain of competence and efforts by the head of the President's secretariat to reign in Stavniychuk. Maryna Stavniychuk was Yushchenko's Constitutional voice and representative to Ukraine's Constitutional Court. Stavniychuk's resignation is another blow to Yushchenko's campaign as she was the pivot point for Yushchenko's push for Constitutional reform and the restoration of Presidential dominance over Ukraine. It is unclear if Maryna Stavniychuk's resignation also includes her resignation as Ukraine's representative on the Venice ...

On January 23, 2005 Viktor Yushchenko took the oath commencing his five-year term of office. As of today Yushchenko has less then six months remaining of his five-year term. With the passing of this date Yushchenko loses authority to dismiss Ukraine's parliament . Article 90 of Ukraine's Constitution removes the authority of the President to dismiss Ukraine's Parliament within the last six months of the President's term of office. In 2007 Yushchenko dismissed Ukraine's democratically elected parliament and illegally and unconstitutionally interfered in the independence an operation of Ukraine's Constitutional Court in order to prevent the Court from ruling on the constitutionally of his April 2nd decree. Any attempt by the President to dismiss Ukraine's parliament for a second time will be challenged in Ukraine's Constitutional Court and cause a repeat of the political and civil unrest that occurred in 2007. Yushchenko can not afford the political fall ...

Will he or won't he? The Parliament has moved into Summer recession and it's next regular session is scheduled to commence on September 1. Any attempt by Yushchenko to dismiss the Parliament and force another round of parliamentary elections ahead of the Presidential election scheduled for January 17, 2010 would be counter productive. Yushchenko's supporters claim that there are grounds for dismissing the Parliament is highly disputable. On July 24 Victor Yushchenko will be in his last six months of his five year term of office. With the passing of this date Yushchenko will lose authority under Article 90 of Ukraine's constitution to dismiss Ukraine's parliament. If he is to have any chance of success in forcing another round of parliamentary elections he will have to act this week or risk being ruled out of order by Ukraine's Constitutional Court.

Kyiv Post have reported that the Our Ukraine and People's Self Defence faction have formally decided to re-form a governing coalition with Bloc Yulia Tymoshenko and Bloc Lytvyn to the desperate cries of dissatisfaction from supporters of Ukraine's embattled President Victor Yushchenko. The decision of the President's faction is a clear sign that Yushchenko's policies of division and undermining of Ukraine's Democratic government have taken their toll. Had Ukraine been forced to another round of Parliamentary elections Our Ukraine, who had slumped in public opinion polls to below 4%, ran the risk of losing representation in the new parliament. The determination of the faction to support a realignment with Ukraine's governing party promoted the resignation of the leader of the Our Ukraine-People's Self-Defense Bloc faction, Viacheslav Kyrylenko, and his deputy Roman Zvarych. Both had played a crucial role in undermining the government's success. Roman Zva...

The James Foundation published a recent article on the current crisis facing Ukraine. Whilst the article is worth reading there is a fair bit of important background information missing from the article. The problem facing Ukraine today is the President, Viktor Yushchenko. What we are seeing, but has not been properly reported in the article, is an ongoing power struggle between the Office of The President and the people's democratically elected representative Parliament (Pure and simple). Yushchenko and his political party Our Ukraine continuously seek to undermine Ukraine's economic and democratic development. They have opposed every effort to see Ukraine become at democratic parliamentary republic. Last years snap parliamentary election and Yushchenko's illegal interference in the independence of Ukraine's Constitutional Court was in response to the Parliament gaining strength and support to initiate reform to Ukraine's Constitution. Reform that would see Ukrain...

Yulia Tymoshenko’s recent policy determination to support a democratic parliamentary system is the correct decision putting the interests of Ukraine ahead of party personal politics and brings Ukraine more in line with European standards. Most, if not all, the divisions and political instability in Ukraine is a result of the ongoing power struggle between the Office of the President and the Parliament. Contrary to various statements made by the president’s supporters, the President has too much power, power that more often then not is open to abuse. This is not a new conflict unique to Ukraine. Ukraine is a young democracy having been under a parliamentary system for just over two years. Ukraine made a mistake in not adopting a parliamentary system of government from day one. Had it adopted a parliamentary system, as other Eastern European states had, it would most likely be a member of the European union of on the short list by now. If Ukraine wants to be a part of Europe then it shou...

Ukraine's Presidential secretariat has seriously compromised the independence of the OSCE in a recent press release published on Friday . Ms Maryna Stavniychuk, President Victor Yushchenko's deputy chief of staff , in her recent media statement claimed "their (The OSCE) arrival in Ukraine to monitor the snap election showed that this poll was legal and that the international community "realizes that it is inevitable and should be held in an honest, open and fair manner." This is a huge quantum leap in belief, just because the OSCE has agreed to monitor the conduct of the election does not translate into support let alone endorsement of the Presidents actions. To the contrary., It is one thing to monitor the conduct of an election and another to be seen to be endorsing the presidents actions. The OSCE must clarify its position and not allow the statements of the President's press office to speak on its behalf. For the OSCE to seen to endorse the actions of the...

If ever you need move proof that Ukraine's president, Viktor Yushchenko, is constitutionally out of control take another look at the recent admission that the president will need to issue a forth decree or is that fifth decree to try and bring his decrees and dismissal of Ukraine's Parliament in line with Ukraine's constitution. The President of Ukraine is to issue a fourth decree to try and bring his decrees in line with Ukraine's Constitution. Rather then admit that the decree is correct errors in the earlier decrees. the president's supporters are trying to pass it off as am offical launch of the parliamentary camaign. Earlier Moroz had warned of the need for a further decree, something that the office of the president denied at the time. Ukraine, according to the office of the president, has been without a parliament since April 2 when the president issued his first decree. Amidst ongoing concern that the president's decrees are unconstitutional the presi...

Less then one day old serious questions as to the legality of president's third decree have been raised. At the heart of the president's decree and the agreement designed to settle the political crisis that has merged since the president first tried to dissolve Ukraine's democratically elected parliament is the need for 151 or more members of parliament to submit their resignation. According to reports in the media at least 26 members of Yulia Tymoshenko Block have not consented to or have withdrawn their resignation. There is even allegations of forgery with a number of members claiming that they have not consented to notices of resignation submitted by the leadership of the opposition parties on their behalf . (See Foriegn Notes Blog - Will 151 deputies give up their seat in VR? and Is the crisis really over? ) It is understood that the Central Election Committee needs to receive the notice of resignation which is supposed to be presented to the parliament at which time...

President of Ukraine, Viktor Yushencko, has issued his third-decree seeking to dismiss Ukraine' democratically elected parliament this time pursuant to Article 82 of Ukraine's Constitution. In a statement issued by the President on June 5 , 2007 the president has called for the holding of fresh elections on September 30 and he has charged the Central Election Committee to hold elections within 60 days. Already there are questions as to the legality of the Presidents latest decree which on the surface of it most certainly does not appear to be in accordance with Ukraine's Constitution and is somewhat premature in its context. See Dissecting Ukraine's President's Third Decree . June 5, 2007 President Victor Yushchenko on Tuesday issued a decree to hold early parliamentary elections on September 30, 2007. Based on last week’s decision by the pro-presidential party, Our Ukraine, and Yulia Tymoshenko’s bloc to give up their seats in parliament, the decree is in line with...

Two months and four days since the president of Ukraine, Viktor Yushchenko, first signed a decree seeking to dissolve Ukraine's democratically elected parliament, the president has now signed his third decree dissolving parliament and setting the date for fresh elections to be held on September 30, 2007. The compromise deal, reached at the end of May that set the stage for fresh parliamentary elections to be held on September 30, was in line with proposals that were first put forward by Ukraine's governing majority in April but rejected at the time by the president. Unlike the previous two decrees the third decree is based on Article 90 section 3 of Ukraine's Constitution and is subject to 151 or more members of parliament resigning and the inability of Ukraine's Central Election Committee (CEC) to fullfill the vacant mandates by a count-back based on the registered party list submitted prior to the March 2006 parliamentary elections. Under the terms of Ukraine's C...

President Victor Yushchenko on Tuesday issued a decree to hold early parliamentary elections on September 30, 2007. Source: President.gov.ua Based on last week’s decision by the pro-presidential party, Our Ukraine, and Yulia Tymoshenko’s bloc to give up their seats in parliament, the decree is in line with the May 27 Joint Statement by President Yushchenko, Prime Minister Yanukovych and Speaker Moroz as well as Ukraine’s constitution and the October 17/2002 ruling by the Constitutional Court of Ukraine. The Central Election Commission has to organize the snap poll within sixty days and the cabinet of ministers has to finance it. [ Note: The Decree calling for fresh elections on September 30 to be held within 60 days would need to be signed on or after August 2, 2007 in theory 151 or more members of Parliament would also need to tender their resignation 30 days the president can issue a decree pursuant to Article 90 section 3 of Ukraine's Constitution ] The decree was officially pub...

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...

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...

Ukraine's President, Viktor Yushchenko, in a highly controversial act, removed from office one of Ukraine's Constitutional Court Judges. The Constitutional Court is currently considering an appeal against the President's decree dismissing Ukraine's democratically elected parliament. The President's removal from office of one of the judges reviewing his decree raises serious concerns of possible corruption and subjects the Office of the President to allegations that the President's actions were politically motivated and direct interference in the decision and determination of Ukraine's Constitutional Court. Yevhen Zakharov, spokesperson from the Kharkiv Human Rights Organisation ,in a recent interview with UkraineToday said that One of the identified problems with Ukraine's judicial system is the concern that Constitutional Court Judges are paid monthly 60000 UAH (Approximately US$12,000) substantially large salaries by Ukrainian standards. The ability...

Ukraine's Constitutional Court has deferred until April 17 consideration of the governments appeal against Ukraine's President, Viktor Yushchenko's decree to dismiss Ukraine's Parliament. Five judges of Ukraine's Constitutional Court, all aligned with the President, have refused to consider the issue. Several judges also asked the state to provide them with bodyguards, and indirectly blamed Yushchenko for the pressure campaign ( Jurists - Paperchase ). There are currently eighteen members of the Constitutional Court, six appointed by the President, six appointed by the Parliament and an additional six appointed by the judiciary. The Court requires a majority vote (10) of the judges to hear the case. Any delay in the hearing of the case further exacerbates Ukraine's political crisis which threatens to divide Ukraine. the delay plays into the hands of the President who can not afford to have the court make a negative ruling against his decree. the longer the case ...

Day Three : All the action still is centered around Kyiv with no campaigning or protest outside Ukraine's Capital. The President is insisting on everyone obeying his Presidential decree even going so far as threatening those that resist with court action. The Government has lodge their appeal against the President's decree with the Constitutional Court. The Court has indicated that it will respond to the appeal in two weeks time. Public confidence in the Constitutional Court is at at all time low with suggestions that the Court is dysfunctional and paralysis by political conflict with judges splitting along the lines of political appointment. The President claims that he has acted within the terms of Ukraine's Constitution (Article 90) but has failed to outline exactly where the constitution gives him that authority. Offers to resolve the current crisis through political negotiations have failed with the President rejecting any review, even by the courts, of his decision. U...