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About
the Ukrainian parliamentary elections 2007:
UKRAINE:
PARLIAMENT RECONVENES, DESPITE FOUR DISSOLUTION DECREES
By
Jan Maksymiuk
September
4, 2007 -- The Verkhovna Rada gathered for a session today, in spite of
having been formally disbanded by President Viktor Yushchenko.
Parliament
speaker Oleksandr Moroz said he wants parliament to address the issue
of stripping parliamentary deputies and senior government officials of
their immunity from prosecution and other privileges before preterm
elections on September 30.
Yushchenko
called today's session illegitimate and politically meaningless, but
Moroz assured those present in the session hall that their gathering is
fully lawful and constitutional.
According
to Moroz, the Ukrainian parliament is constitutionally obliged to open
its fall session on the first Tuesday in September.
Moroz
also cited another constitutional provision requiring that the
legislature remains operational until newly elected lawmakers take
their oath of office.
However,
Moroz failed to mention the constitutional provision stipulating that
the Verkhovna Rada is a full-fledged legislative body only when it has
no fewer than 300 deputies.
A
Legitimate Session?
It
was Moroz himself who, with President Yushchenko and Prime Minister
Viktor Yanukovych, struck a political deal in May to disband the
Verkhovna Rada and set early elections, following the voluntary
resignation of deputies from the pro-presidential Yulia Tymoshenko Bloc
and Our Ukraine.
The
subsequent resignation of pro-presidential lawmakers brought the number
of deputies in the 450-seat legislature below 300, allowing Yushchenko
to issue two decrees, on June 5 and August 1, scheduling early polls
for September 30.
In
April, Yushchenko issued two other dissolution decrees, justifying them
by what he saw as the ruling coalition's illegal push to revise the
results of the 2006 elections by expanding the ruling majority to 300
deputies. The ruling coalition objected vociferously to the decrees,
arguing that the constitution does not provide for the dissolution of
parliament on such grounds.
There
were 269 deputies from the ruling coalition of the Party of Regions,
the Socialist Party, and the Communist Party registered in the session
hall on September 4. Moroz's argument that the legislature is fully
legitimate apparently do not hold water.
Campaign
Promises
The
Verkhovna Rada gathered on September 4 with a declared aim of stripping
parliamentarians and senior government officials of their immunity from
prosecution and other privileges.
Abolishing
parliamentary immunity became a key slogan in a hitherto lethargic
election campaign, with Yushchenko, the Yulia Tymoshenko Bloc, and the
Our Ukraine-People's Self-Defense bloc as the main proponents of the
move. Yushchenko and his 2004 Orange Revolution allies proposed that
parliamentary immunity be canceled after the September 30 polls.
In
what appears to be a clever public-relations move, the ruling
coalition took the opposition up on this idea and proposed to implement
it ahead of the polls, at a legislative session in September.
Yanukovych went so far as to propose canceling immunity and privileges
not only for lawmakers, but also for all senior government officials,
including the president, the prime minister, and judges. In other
words, the coalition put the opposition's intentions to the test.
As
expected, the opposition deputies did not show up at the session.
Yushchenko said in a televised address to Ukrainians on September 3
that the session is a provocation intended to derail the early polls,
adding that any potential resolutions will have "no practical force of
law or political effect."
Despite
Yushchenko's statements, the Verkhovna Rada on September 4 endorsed a
bill on stripping lawmakers of immunity from prosecution. Since
parliamentary immunity is a constitutional provision, its cancellation
requires an endorsement of the bill by the Constitutional Court and
another parliamentary approval by no fewer than 300 votes.
'Risk
of Chaos'
If
the session was objectionable from a legal point of view, and without
any practical meaning, was it actually worth holding for the ruling
coalition?
According
to Moroz, it was necessary to open the session within the
constitutionally prescribed terms. "We cannot disregard the risk of
preplanned chaos in governance, in which, following undesirable
election results gained by some participants in the election campaign,
the newly elected Verkhovna Rada would not be able to become
legitimate," Moroz said.
In
this somewhat cryptic manner, Moroz appears to have expressed the fear
shared by many observers of the Ukrainian political scene that the
September 30 election results could be contested in court by any party
dissatisfied with its election performance. They warn that it will be
easy to cast doubt on the election results due to procedural mistakes
and legal irregularities in the electoral process.
Thus,
if the elections fail to receive official recognition, Moroz may hope
for the continued existence of the current legislature, in which his
Socialist Party has more than 30 lawmakers.
Current
opinion surveys in Ukraine suggest that the September 30 polls may
consign the Socialist Party to political oblivion. Its current support
is well below the 3 percent threshold required for parliamentary
representation.
The
Yanukovych-led Party of Regions, currently supported by some 30 percent
of Ukrainians, is widely expected to receive the most votes. But
according to polls, the combined result of the Orange Revolution camp
-- the Yulia Tymoshenko Bloc and Our Ukraine-People's Self-Defense --
may equal that of the Party of Regions, thus replicating the situation
after the March 2006 elections.
If
that happens, Ukraine will most likely witness another tortuous process
of building a ruling coalition. Some surveys suggest that the Bloc of
Lytvyn, which is led by former parliamentary speaker Volodymyr Lytvyn,
can overcome the 3 percent threshold and assume the role of kingmaker
in a new parliament, similar to the role performed by Moroz's
Socialists in 2006.
It
does not seem likely, as Yushchenko has repeatedly suggested, that the
early elections will be a new political beginning for the country and
enable it to make a break with at least some of its political vices.
Instead, Ukrainians must be prepared to see more of the same.
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