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Sheering Off Another Branch of Government

God help us

Unfortunately, there's little good news on the political front.

A Cliffhanger So Dragged-Out It's Not Exciting Anymore

Foreign Minister Tarasyuk is still there on the brink, after months of shoving by the Party of Regions. They cut off his budget. Now it's back. Everybody's waiting on the Constitutional Court, which, I hope, will mean a more high-profile position for the court and some sort of arbitration to the endless squabbling of Ukrainian politicians.

It's all part of the uncertainty about power that's existed at least since the March elections. PACE recently said, among other things, that it "reduces to zero the hope of political consensus in making further decisions which will speed up the adoption of necessary reforms in Ukraine." (It can say this because it doesn't really have any power, and therefore can dispense with diplomacy in favor of straight talk. Refreshing.)

Tymoshenko And Yanukovych Star In Naked Ambition

Tarasyuk is probably losing ground, though, as Yushchenko loses it. On Jan 12, Tymoshenko joined with Yanu and crew to help strip Yushchenko of even more of his powers as President. Foreign Notes speculates that the move is calculated to try and push Yushchenko further into a corner where calling new elections is his only option. In essence, she voted to strip power from Yushchenko and vest it in Yanukovych. Both Zerkalo Nedeli and EDM believe that it was more a negotiated settlement, in which Yanukovych got his power, and she got her law protecting the opposition and law requiring local officials to dance with the ones who brung them (in other words, remain with the parties they got their positions through).

Even if the Constitutional Court breaks its long silence to overrule this (as it has every reason to do since it's a legal mess), the effort shows complete disregard of democratic institutions by both BYT and PoR. Should the majority in Parliament manage to enforce this travesty, they will have basically sawed off one of the branches of power. Forget about Tymoshenko trying for President in 2009: who'd want that figurehead position? Yanukovych recently said in Davos that "Neither the government nor the prime minister ever aspires to replace the president," which would certainly be true: why replace him when you can simply ignore him and rule alone?

[update: I said "another" branch of government in the title, but forgot to explain why. If you've been counting, this is the second branch of government to be broken off (the judiciary has long been ineffectual). That means it's basically a Parliamentary dictatorship with almost no checks and balances.] 

I can hardly get my brain around how foul this is, and how awful for the country it would be. Oh, wait, now I've found the right words: Kuchma was better. Shame and degradation on all those who voted for this law, especially Tymoshenko.

88591-650078-thumbnail.jpg
Kushnaryov killed in a hunting accident
Party of Regions Deputies: Rising and Falling 

To put it bluntly, Kushnaryov is dead (image: Reuters). He was on a hunting expedition with fellow PoR deputies and was accidentally fatally wounded by a shot to the stomach. While Foreign Note's entry, cited, mentions that the accident was perpetuated by a supposedly decorated marksman, it's being ruled an accident. Which couldn't be otherwise, because who would investigate the event? Unfortunately, none of the former orange groups look interested, and generally PoR tends to adopt a "devil take the hindmost" stance: if one of theirs falls, it's his own fault.

Not that I was a big fan, or anything (Kushnaryov was from the no-compromise wing of PoR), but it would have been nice to at least have seen an investigation.

Not all PoR deputies' fortunes are so dark. As Foreign Notes has been describing in detail, all the oldest, dirtiest politicians are returning to government, like rats pouring on to a ship that is, remarkably, still afloat despite its deplorable state. 

In the midst of all of this, an anniversary few people are probably marking these days: two years of Yu.

Posted on Monday, January 29, 2007 at 11:00AM by Registered CommenterDan McMinn | Comments83 Comments

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Reader Comments (83)

February 5, 2007 | Unregistered CommenterMichael Averko
There is currently an "understanding" between Our Ukraine and BYUT.

They are going to cooperate.

If you listen to some of the others, Kyrylenko may have jumped the gun a little bit on the call for early parliamentary elections as a joint project of the newly reunited.

But the calls for early elections have been made previously.
February 6, 2007 | Unregistered Commenterelmer
Taras pinpoints the fault for the difficulties of a renewed Orange coalition with NSNU and its dominance by industrialists who don't want to be in opposition.
http://blog.taraskuzio.net/2007/02/06/orange-opposition-gets-together-again/

It's very serious and Yusch's credibility with westerners is sinking...
dlw
February 6, 2007 | Unregistered Commenterdlw
I'm puzzled by this latest controversy over the Cabinet Law. The main thrust of it--that the majority in parliament, rather than the president, gets to appoint the PM (among other major offices)--was already part of the deal signed during the Orange Revolution. And last summer it came into effect when Yush had to accept Yan as PM because the latter had built a majority with the help of Moroz (and others). Did I miss something in the interim whereby the president's pre-Orange Revolution powers of appointment would have been restored? And if not, then what's new in these past weeks of wrangling, and what could be "unconstitutional" about the law?

Also, it really is not accurate to say that this law would saw off an entire institution, for the presidency would still have the veto. As we have seen recently, he can use it, as on the budget. And parliament can override his veto only with a 2/3 vote (as it did on the Cabinet Law). That's more power than the president of France has (for example).
February 6, 2007 | Unregistered CommenterMatthew Shugart
This is an excerpt from the Kyiv Post as to the Cabinet Law.

An over-simplified way to explain it is that the Pres had the right to designate the Foreign Minister and the Defense Minister.

Now, as a practical matter, this has been taken away.

In a larger context, Ukraine was to have a presidential-parliamentary system.

Now, as a practical matter, there is a move towards a parliamentary system, with the office of president virtually ceremonial, almost like the Queen of England.

Yushchenko, with a Foreign Minister, was able to push NATO, and the EU.

Yanuk, who is in what might be more aptly called the Party of Russia (instead of the Party of Regions), caters to those in Ukraine who constantly push the "Russia factor," meaning that they gather political support by screaming about NATO.

Even though Russia itself conducts joint exercises with NATO.


===============================================

Under the law which came into force last week, Yushchenko sees his right to appoint the foreign and defense ministers limited, and his influence over regional leaders weakened.

The law also gives legislators the right to appoint the premier without the president's approval if the president does not approve parliament's nominee within 15 days.

Last month, Yushchenko proposed 42 changes to the disputed law, but parliament rejected all of his suggestions and lawmakers overrode his veto of the bill.

Yushchenko has shortened his list of proposed changes to eight and the parliamentary coalition said it would consider them on Thursday.

The law is the first to come into force without the president's signature.

After the Kremlin-backed Yanukovych was accused of vote-rigging in the 2004 presidential election, "Orange Revolution" protests helped pave the way to Yushchenko's election victory.

But the two men had to share power after Yanukovych won last year's parliamentary election and was named prime minister.

Last week, pro-Western Foreign Minister Borys Tarasyuk resigned after a monthlong struggle with the Yanukovych government that at one point saw the Cabinet cut off funding for the Foreign Ministry, stopping it from paying diplomats' salaries.

Yushchenko on Monday asked parliament to approve career diplomat Volodymyr Ohryzko as the new foreign minister, but he is seen as close to Tarasyuk and an ally of the prime minister.

Since he became prime minister, Yanukovych has suspended the president's goal of NATO membership, expressed interest in joining a Russian-led ex-Soviet trade bloc and responded favorably to Moscow's proposals for joint ownership of Ukraine's gas transit pipeline network.



February 6, 2007 | Unregistered Commenterelmer
"It's very serious and Yusch's credibility with westerners is sinking"


Heck, dlw, as you know, his credibility with Ukrainians was down the toilet.
February 6, 2007 | Unregistered Commenterelmer
Yeah, I knew that. I think the better expression was 'a complete wash'.

anyhow, it looks like a movie about the OR is hitting theaters in NYC.
http://petrosjotter.blogspot.com/2006/11/orange-chronicles-screening-in-new-york.html

dlw
February 6, 2007 | Unregistered Commenterdlw
This is for Matthew Shugart -

See, it's this way. Originally, Yushchenko's Our Ukraine, the Bloc of Yulia Tymoshenko, and the Socialists were together as part of the Orange Coalition.

But there were some in the Yushchenko bloc who had "Yulophobia." So - whilst Our Ukraine and BYUT were fighting over who would be in charge, Moroz sold out, took his marbles and went over to the dark side, namely the Party of Regions (composed of imperialist oligarchs) and the Communists (anti-imperialists).


That gave the dark side the majority.

BYUT went into opposition.

Our Ukraine went somewhere into purgatory or never-never-land. Hard to tell which.

Everyone picked on Yulia, because she's a girl, and because she's very able, very bright, and very charismatic.

Things were rocking along in a pro-Russia way.

Then, the Party of Rossiya (the Party of Regions) got the bright idea of transforming the govenment solely into a parliamentary form of government.

Presto-chango = the Law on the Cabinet of Ministers!!

But wait - Yulia decided that she was sick and tired of getting dumped on by Yushchenko and the boys, so she decided that in return for her support for the dark side's Law on the Cabinet of Ministers, she would get something in return.

The Law on the Imperative Mandate, which basically says that delegates are not allowed to jump around like rats from party to party - they have to stick with the party that brung them into their (lucrative) government seat.


So ---- 366 votes later, Ukraine strips the Prez of all his powers.

But wait, there's more!!!!!

Realizing that Yulia had just basically defecated on Our Ukraine, for good reason, Our Ukraine decided that it was time to cooperate with - Yulia and the BYUT.

Hence, Our Ukraine and BYUT got together.

And slam dunked a law through the VR, prohibiting any sale, no way, no how, in any shape, way or form whatsoever, and they really mean it, of Ukraine's pipelines to Russia.

Meaning that they stuck it to Putin, who had previously, for some reason, announced that Rossiya and Ukraine were going to form some sort of consortium or joint venture, whereby Rossiya and Putin would own some percentage of Ukraine's gas pipelines, and Ukraine could buy gas from Rossyia.

What a deal!

Anyway, the newly re-united Orange Coalition, sans Moroz (read Judas Iscariot - traitor Big Time to Ukraine) blocked the podium in the Verkhovna Rada until they got an answer from the Party of Rossiya (Party of Regions) that it was all just hot air, and that there was no way, and no how, not till hell freezes over, that Ukraine was going to sell its pipelines to Putin.

And they all lived happily ever after - for the moment.

Kapish?
February 6, 2007 | Unregistered Commenterelmer
"Yushchenko, with a Foreign Minister, was able to push NATO, and the EU."

Let the people decide.
February 7, 2007 | Unregistered CommenterMichael Averko
Cut and pasted from today's Johnson's Russia List:

Yanukovych Most Popular Politician In Ukraine - Poll

KYIV. Feb 6 (Interfax) - Ukrainian Prime Minister
Viktor Yanukovych is the only politician in the
country whose work is supported by more people
than disapproved of, according to a poll of 2,025
respondents no younger than 18, which the Sofia
social survey center conducted in all regions of Ukraine on January 19-26.

The poll showed that 49.3% of the respondents
support Yanukovych's course, while 46.2% are
critical about it, Oleksandr Levtsin of Sofia
said. Yulia Tymoshenko, a former primer minister
and currently an influential parliamentary
leader, is trusted by 37.1%, and former
parliamentary speaker and People's Party leader
Volodymyr Lytvyn by 35.5%. Former President
Leonid Kuchma is trusted by only 1.2%.

More than half of those polled - 51.6% - are
convinced that the prime minister is a strong
leader capable of consolidating the nation and
radically changing the situation in the country.
Only 23.5% of those polled consider him a weak
politician incapable of changing the situation in the country for the better.

Nearly half of the respondents - 46.1% - would
not support the holding of early parliamentary
elections, 24.3% support this idea, and the rest
were either indifferent to it or were undecided.

If parliamentary elections were held within a
week, the Party of Regions would receive 29.9% of
the vote, the Batkivshchyna party 18.2%, Our
Ukraine 7.9%, the Communist Party 3.7%, and the
rest of the parties would get no more than 3%.

Another 10.8% were undecided, and 11.9% would refuse to vote.

If presidential elections were held within the
next week, Yanukovych would garner 32.5% of the
vote in the first round, Tymoshenko 19.3%,
President Viktor Yushchenko 11.1%, and Communist
Party leader Petro Symonenko 3.7%. The rest of
potential presidential candidates, including
Lytvyn, presidential advisor Yury Lutsenko,
parliamentary speaker Oleksandr Moroz, and
Progressive Socialist Party leader Natalya
Vitrenko, would receive less than 3% of the vote.
As many as 5.4% would vote against all, and 8.2%
would not go to the polling stations.

If Yanukovych and Tymoshenko proceeded to the
second round, Yanukovych would be supported by
41.9% and Tymoshenko by 31.2%, 12% would vote
against both, and 9.1% would not cast their ballots.

If Yanukovych and Yushchenko competed in the
second round of the elections, the current
premier would be supported by 42.1% and president
by 23.8%, and 18.1% would vote against all.

If Yushchenko and Tymoshenko would be in the
runoff, Yushchenko would get 17% and Tymoshenko
29.7%, but 32.4% would vote against all.

As many as 32.3% of the respondents assess the
work of the Yanukovych government partially
positively, 21.7% basically positively, 24.6%
basically negatively, and 17.7% believe it is too
early yet to assess this government's performance.



February 7, 2007 | Unregistered CommenterMichael Averko
February 7, 2007 | Unregistered CommenterMichael Averko
A little more on the Law of the Cabinet of Ministers.

And so much for an independent judiciary.

One of the Our Ukraine people, a guy named Ihor Kril, ran over to the court in the Mukachevo District Court.

On January 22, 2007, a judge named Volodomyr Monych issued an order forbidding the Speaker of Parliament, Moroz, from signing the law.


Now, that judge has been dismissed.

From Ukrainian Pravda:

The official reason for dismissal was unprofessional behavior of the judge.

Relying on the court ruling, the Secretariat of the President announced Speaker Moroz should bear criminal responsibility for signing the law.

The Law on the Cabinet was published last week despite the court ruling.

The High Council of Justice has considered the situation surrounding the judge of Mukachevo Court at a January 23 session.

After the completion of the session the Acting Head of the High Council of Justice Lidiya Izotova ordered one of her subordinates to find probable cause for dismissing Judge of Mukachevo Court Volodymyr Monych.

President Viktor Yushchenko is challenging the law in the Constitutional Court.

February 7, 2007 | Unregistered Commenterelmer
oh, the drama...

This actually sounds like the dark side is losing some of its mojo.

dlw
February 7, 2007 | Unregistered Commenterdlw
more foreign direct investment in Ukraine, this time from Sweden's Swedbank.
http://www.kyivpost.com/top/26032/

good news...

dlw
February 8, 2007 | Unregistered Commenterdlw
Scandal in Russian army - soldiers forced into prostitution.
http://5.ua/newsline/188//37002/

==================================

No wonder Poroshenko was declared persona non grata and not allowed into St. Petersburg.
http://www.nrcu.gov.ua/index.php?id=148&listid=40866

And later it was reported that one of the reasons was that he was owner of 5 kanal.

===============================

What is he supposed to do? censor the reporting?
February 12, 2007 | Unregistered CommenterIIU
Regarding the subject of Russia:

http://seansrusskiiblog.blogspot.com/2007/02/media-critique-on-recent-coverage-of.html

The Russian move against Poroshenko is a tit for tat for the earlier Orange influenced decision to ban some Russians from entry into Ukraine.
February 12, 2007 | Unregistered CommenterMichael Averko
Tit for tat? That is the official version from RU news sources but that is whitewashing. Being told at the airport that you cannot enter the country without any prior notice or justification is way different from the actions that were taken by the UA govt.

"When told it was Russia’s response to the so-called black lists including the names of Russian politicians and political experts banned from entering Ukraine, the President said, “There are no black lists in Ukraine. These are allegations coming from political speculators.”

He said Ukraine’s decision to declare a few Russians persona non grata had been publicly explained."
http://prezident.gov.ua/en/news/data/g_13532.html
February 13, 2007 | Unregistered CommenterIIU
And the RU blacklist is becoming a major topic to W. Europe in light of the following -
"Norwegian Ministry of Defense advisor, co-chair of the Arctic Military Environmental Cooperation (AMEC) program Ingjerd Kroken was announced a persona non grata in Russia. She was expelled from the country upon arrival to a Moscow airport." Feb. 8, 2007
http://regnum.ru/english/779505.html
February 13, 2007 | Unregistered CommenterIIU
The next step is for Russia to declare all persons from Ukraine persona non grata.

They have already banned worker immigrants from Georgia and Ukraine, and are engaging in gamesmanship with Poroshenko and others.

Zvirinovsky, and 2 others, came to Ukraine to actively agitate and stir the pot in Crimea and elsewhere.

I did not see Poroshenko doing the same thing.

So I don't see how anyone can say this is "tit for tat."

It is just typical russkie gamesmanship.
February 13, 2007 | Unregistered Commenterelmer

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