The Ukrainian Weekly 2004, No.50
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www.ukrweekly.com Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXXII HE No.KRAINIAN 50 THE UKRAINIAN WEEKLY SUNDAY, DECEMBER 12, 2004 EEKLY$1/$2 in Ukraine UkraineT headedU for rerun of presidentialW run-off Supreme Court Rada approves overrules CEC package of laws by Stephen Bandera by Stephen Bandera Special to the Ukrainian Weekly Special to The Ukrainian Weekly KYIV – The Supreme Court of KYIV – Tensions were lifted in Ukraine on December 3 overturned the Ukraine’s political crisis on December 8 Central Election Commission’s decision after the Verkhovna Rada overwhelming- to designate Viktor Yanukovych the win- ly approved a new law on presidential ner of the presidential election in elections and changes to the country’s Ukraine. Constitution. The court ordered a repeat of a run-off Supporters of presidential candidate vote election between Prime Minister Victor Yushchenko voted together with Yanukovych and opposition leader Mr. the pro-President Kuchma parliamentary Yushchenko to be held on December 26. caucuses, the Communists and the The decision came after five days of Socialists to provide 402 votes for three proceedings initiated by the bills in a single package. Yushchenko’s campaign team on Outgoing president Leonid Kuchma November 29. was present in Parliament to immediately The proceedings were broadcast live sign the laws. on television and watched closely by Opposition MPs demanded that Mr. Yushchenko supporters who were in their Kuchma be present, because they sus- 12th day of protesting what they consid- pected he might opt to not sign the new ered to be a fraudulent victory for Mr. law on presidential elections. This was Yanukovych. The Supreme Court essen- the first time in over two years that tially agreed with their claim. President Kuchma appeared in the The 21-judge panel emerged after Verkhovna Rada. seven hours of deliberation and presiding The constitutional reforms required Justice Anatolii Yarema read the decision 300 votes, or two-thirds of the country’s that satisfied four of the five points in the 450-member Parliament, to be passed. complaint filed by Mr. Yushchenko’s Mr. Yushchenko’s close ally, Yulia legal team. Tymoshenko, and her bloc, did not sup- The court denied the Yushchenko port changing the Constitution of team’s appeal to name their candidate the Ukraine. The changes have been winner of the presidential elections. described as transforming the form of The highest court of the land did con- Ukraine’s government from a “presiden- clude that electoral fraud was systemic in tial-parliamentary” republic to a “parlia- nature – not isolated to a few incidents as mentary-presidential” one. suggested by the Yanukovych team. Parliament will approve candidates for Mr. Yushchenko’s representatives prime minister, minister of defense and challenged the results of the election in foreign affairs minister nominated by the eight of the country’s 27 regions. president, and will approve other mem- The results in Donetsk, Luhansk, bers of the Cabinet nominated by the Zaporizhia, Kharkiv, Dnipropetrovsk and prime minister. Under current legislation, Mykolaiv oblasts, the Autonomous Parliament approves the prime minister Republic of Crimea and Sevastopol were only, and the president appoints and fires placed under question. According to the members of the Cabinet of Ministers. CEC results, Mr. Yanukovych defeated The amendments also extend the term of office for national deputies from four Mr. Yushchenko in these eight regions. AP/Efrem Lukatsky to five years, following the March 2006 (Continued on page 15) Supporters of Viktor Yushchenko gathered outside the Parliament building. parliamentary elections. The Constitutional changes will go into effect either September 1, 2005, or January 1, 2006, with the timing depend- U.S. secretary of state defends democracy in Ukraine ent upon when Parliament will approve a by Yaro Bihun events there for the past few weeks. statement earlier in the day that the law that will reform the country’s system of local self-governance. Special to The Ukrainian Weekly It came during a news conference on United States was playing “sphere of On December 8 that bill received pre- December 7 in Sofia, Bulgaria, where he interest politics” in that region in the WASHINGTON – With Russian leaders liminary approval in the Verkhovna Rada was attending a ministerial meeting of name of democracy, Secretary Powell repeatedly criticizing the United States and and was sent to the Constitutional Court the Organization for Security and said, “The people of Ukraine are playing Europe for “interfering” in the electoral for its consideration. Parliament will Cooperation in Europe (OSCE). democracy in the name of freedom.” process in Ukraine in order to expand their have to vote on the bill at least one more That same day in Washington, the U.S. “What I have been seeing on my televi- sphere of influence deeper into former time before it becomes law. Congress was looking into developments sion screen for the last several weeks are Soviet territory, U.S. Secretary of State When enacted, that law will give in Ukraine and how it could help at a people going out into the streets in Kiev elected local governmental bodies a Colin Powell was called on to remind them hearing of the House International and other cities in the Ukraine saying, ‘We greater say in whom the Cabinet of about the true meaning of the “Orange Relations Committee. Asked to comment Revolution” that has been driving political on Russian President Vladimir Putin’s (Continued on page 29) (Continued on page 14) 2 THE UKRAINIAN WEEKLY SUNDAY, DECEMBER 12, 2004 No. 50 ANALYSIS Pro-Kuchma camp in Rada ELECTION WATCH PM takes leave in order to campaign Ukrainians who will vote in the country’s December 26 presidential run-off elec- continues to disintegrate KYIV – Prime Minister Viktor tion plan to support democratic opposi- Yanukovych told Ukrainian journalists tion leader Viktor Yushchenko, while 40 by Taras Kuzio mentary faction. on December 6 that he is taking leave to percent plan to vote for incumbent Prime Eurasia Daily Monitor Labor Ukraine, controlled by the campaign for a rerun of the November 21 Minister Viktor Yanukovych, a December 8 Dnipropetrovsk oligarchic clan, suffered presidential run-off which is to be held Razumkov Center for Economic and the greatest disintegration from Mr. on December 26, the Ukrainska Pravda Political Studies opinion poll shows. The In the aftermath of the scandalous sec- Tyhypko’s resignations. Ten deputies quit website (http://www2.pravda.com.ua) Razumkov Center surveyed 2,013 ond round of the Ukrainian presidential the faction, reducing it to only 16 reported. “The only thing I ask the presi- respondents throughout Ukraine during election on November 21, the pro- deputies. The defectors include the head dent, the Verkhovna Rada and people’s the period November 25-29. In the repeat Kuchma parliamentary majority, estab- of the Labor Ukraine faction, Ihor deputies, is to allow the current govern- run-off mandated by the Supreme Court lished originally to back up Prime Sharov, as well as Defense Minister ment to work until the end of the elec- last Friday, 4 percent of those planning to Minister Viktor Yanukovych’s “coalition Oleksander Kuzmuk. This latter defec- tion,” Mr. Yanukovych said. Under vote will cast their ballot against both government,” is continuing to unravel. tion shows the degree to which the mili- Ukraine’s Labor Code, the dismissal of a candidates. The poll’s margin of error The disintegration is part and parcel of tary has deserted President Kuchma. Two state employee is prohibited when she or was 2 to 3 percent. During the past three the gradual defection of state institutions former defense ministers (Yevhen he is on sick leave or vacation. (RFE/RL weeks, the gap between Yushchenko and from President Leonid Kuchma to either Marchuk and Valerii Radetski) have also Newsline) Yanukovych supporters has widened by 8 a neutral position or challenger Viktor defected to the Yushchenko camp. percent. A Razumkov opinion poll con- Yushchenko’s camp. Kuchma approves PM’s leave The defections from Labor Ukraine ducted two weeks before the November The pro-presidential majority has been were caused by the party’s loss of author- 21 run-off (November 3-7) showed the in crisis since September, when the KYIV – President Leonid Kuchma on ity ahead of the March 2006 parliamen- gap between Messrs. Yushchenko and Agrarian Party faction, led by Verkhovna December 7 signed a decree allowing tary elections. As head of the Yanukovych at 8 percent. Then 54 per- Rada Chairman Volodymyr Lytvyn, Prime Minister Viktor Yanukovych to go Yanukovych camp, Mr. Tyhypko and cent planned to vote for Mr. Yushchenko, announced that it was “suspending” its on leave to campaign for the rerun presi- Labor Ukraine were viewed by the public while 46 percent supported Mr. membership. This step effectively elimi- dential election on December 26, as linked to election fraud in the presi- Yanukovych. The current poll gives nated the pro-presidential camp’s claim Ukrainian media reported. This effective- dential run-off, which was severely Yushchenko a 16 percent lead over Mr. to be a “majority,” as it brought their ly defies the Verkhovna Rada’s vote of denounced by Parliament in a resolution Yanukovych. (Our Ukraine Update) number to below 225 deputies. New no confidence in Mr. Yanukovych’s on November 27 and in a Supreme Court Cabinet on December 1. President defections have reduced the pro-Kuchma ruling six days later. Putin cautions West on “meddling” camp by another one-third. Kuchma also appointed First Vice Prime Most of the deputies who have quit Minister Mykola Azarov as acting head On the eve of Round 1, opposition ally Labor Ukraine remain unaffiliated.