#36 - JRL 2007-56 - JRL Home
Ukraine: Retribution Behind Calls For Early Elections
By Jan Maksymiuk
Copyright (c) 2007. RFE/RL, Inc. Reprinted with the permission of Radio Free
Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036.
www.rferl.org
March 7, 2007 (RFE/RL) -- Last week, a lawmaker from the ruling Party of
Regions submitted to parliament a draft bill on holding simultaneous early
parliamentary and presidential elections this coming fall.
A week earlier two opposition parties, the Yuliya Tymoshenko Bloc and Our
Ukraine, signed a unity deal in which they pledged to seek early parliamentary
elections.
Is Ukraine poised to plunge into a whirlwind of electioneering this year?
"We see that the situation is getting out of control, including the
president's control," Party of Regions lawmaker Vasyl Kyselyov told journalists
two days before submitting his draft bill to the legislature.
"Therefore I, as a people's deputy, am working out a draft bill, or a draft
resolution, on simultaneous early presidential and parliamentary elections in
the fall, approximately on September 30."
The next presidential election in Ukraine is due in 2009, the parliamentary
ones in 2011.
Ruling Response
Kyselyov's initiative seems to be the ruling coalition's "asymmetric"
response to the opposition's formalized vow to seek early parliamentary
elections.
Will the Verkhovna Rada put the bill on early parliamentary and presidential
elections on its agenda?
Ivan Bokyy, head of the Socialist Party parliamentary caucus, believes that
if the political rivalry between Prime Minister Viktor Yanukovych and President
Viktor Yushchenko continues, Kyselov's proposal may be not only put to a vote
but also endorsed by the ruling coalition.
"There is madness on the part of one political force, and the other political
force has also begun to go mad and wants to propose this madness to all of
Ukraine," Bokyy said. "But if this madness goes on, if this affliction is not
cured on Bankova Street [in the presidential administration] or in parliament,
if there is not enough sense to realize that playing with the idea of the
dissolution of parliament is hopeless, we will have to support this [bill]."
Yanukovych and Yushchenko have recently locked horns with each other over a
bill that extends the powers of the cabinet and the parliament at the expense of
the president.
Yushchenko vetoed the bill but the ruling coalition of the Party of Regions,
the Socialist Party, and the Communist Party managed to override his veto with
the help of the opposition Yuliya Tymoshenko Bloc. Yushchenko subsequently
appealed against the bill to the Constitutional Court.
In what seemed to be a political tit for tat, the ruling coalition rejected
Yushchenko's nominees for the posts of foreign minister and head of the Security
Service.
Shaky Legal Ground
Ukrainian political analyst Kostyantyn Bondarenko believes that early
elections could be a way out of the current political standoff in Ukraine.
"There are no legal grounds [for early polls] but there is a problem of
confrontation and a problem of the dead end in which Ukraine has found itself
because of the institutional confrontation between the Cabinet of Ministers and
the Presidential Secretariat," Bondarenko said. "[Such elections] would not be
the worst scenario."
Bondarenko is right in suggesting that Kyselyov's draft bill on holding early
parliamentary and presidential polls makes no legal sense.
Staging early parliamentary elections is the exclusive constitutional
prerogative of the president, who calls for such polls if the Verkhovna Rada
fails to form a majority within 30 days after its first sitting or a new cabinet
within 60 day after the dismissal or resignation of the previous one; or, if it
fails to gather for a sitting within 30 days during an ongoing parliamentary
session.
Thus, in order to produce formal grounds for early parliamentary elections,
the ruling coalition would need to prohibit its lawmakers from convening for a
month rather than pass a bill with no legal force.
On the other hand, the opposition could create prerequisites for early
parliamentary polls by challenging the legality of Yanukovych's cabinet before
the Constitutional Court.
The current Verkhovna Rada convened for its first sitting in late May 2006.
The parliamentary majority supporting Yanukovych's cabinet was formed in early
August 2006, thus apparently overstepping the time frame set by the constitution
by more than a month. Consequently, if the Constitutional Court confirmed that
Yanukovych's cabinet was formed beyond this time frame, Yushchenko could
dissolve the legislature and call for new elections.
The Basic Law
The Ukrainian Constitution stipulates that an early presidential ballot may
be held only after the incumbent president has resigned or died, has been unable
to perform his duties because of his health, or has been impeached by
parliament. Clearly, no such preconditions are present in Ukraine.
Lawmakers from the ruling coalition seem to realize, too, that Kyselyov's
draft bill is more of a propaganda move than a real threat to Yushchenko's
presidency. Lawmaker Volodymyr Zubanov from the Party of Regions suggested that
Yushchenko could resign as Leonid Kravchuk, Ukraine's first president, did in
1994 in order to defuse a political confrontation. "In 1994, when there was a
parliamentary and presidential crisis, Kravchuk agreed to leave his post before
the end of his term and hold an early election," Zubanov said. "I think that
today it would be timely for Yushchenko to step down and hold early
[parliamentary and presidential] elections on September 30."
But Yushchenko has no intention of following in Kravchuk's steps. Last week
Yushchenko said the idea to hold an early presidential election is "provocation,
blackmail, and psychological pressure." According to him, potential early
parliamentary elections would reinstall the same political forces in parliament
that are there now.
This week, Yanukovych also went public and said that the calls for early
parliamentary and presidential elections are "groundless." Yanukovych's
statement may imply a withdrawal of Kyselyov's draft bill from the legislative
agenda.
The Tymoshenko Factor
However, the topic of early parliamentary elections is likely to remain on
the public agenda in Ukraine. This because the Yuliya Tymoshenko Bloc, a major
opposition force in the country, seems to be interested in having such polls.
According to recent sociological surveys, the Yuliya Tymoshenko Bloc could
count on some 28 percent of the vote in parliamentary elections -- that is, 6
percent more than it won in the March 2006 ballot.
Surveys also suggest that the Party of Regions could repeat its election
result from 2006 by winning 32 percent of the vote. The heaviest losers would be
Our Ukraine with only 7 percent of the vote (14 percent in 2006) and the
Socialist Party, which currently scores below the 4 percent voting threshold
required for parliamentary representation.
Yuliya Tymoshenko, who had a series of high-profile meetings and talks in
Washington last week, returned to Kyiv with the news that the West would support
early parliamentary elections in Ukraine if they were "constitutional,
democratic, and legal." She appears determined to pursue the early-election idea
for some more time.
(Tetyana Yarmoshchuk from RFE/RL's Ukrainian Service contributed to this
report.).
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