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Constitutional Court Ruling Approves Controversial Political Reform Bill

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Constitutional Court Ruling Approves Controversial Political Reform Bill INSIDE:• U.N. Commission on the Status of Women and Ukrainian concerns — page 3. • Exclusive interview with N.J. Devils’ stalwart Ken Daneyko — page 11. • The art scene: focus on the landscapes of Andrei Kushnir — page 13. Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXXII HE KRAINIANNo. 12 THE UKRAINIAN WEEKLY SUNDAY, MARCH 21, 2004 EEKLY$1/$2 in Ukraine Lazarenko money-laundering trial opens in U.S. T U PresidentW decrees moratorium by Andrew F. Tully to flee before his case is resolved. RFE/RL Belarus and Ukraine Report Mr. Lazarenko has insisted that he acquired his millions legally – and with on inspections of news media The trial in the United States of former President Kuchma’s knowledge and by Roman Woronowycz The presidential decree bans inspec- Ukrainian Prime Minister Pavlo approval. Any details that may emerge Kyiv Press Bureau tions of print, radio and television media outlets by the State Tax Administration, Lazarenko began on March 15 – five during Mr. Lazarenko’s testimony may KYIV – President Leonid Kuchma years after he was arrested on charges of prove an embarrassment for Mr. Kuchma. the Procurator General’s Office, the issued a decree on March 15 that placed Internal Ministry and the Emergency using American banks to launder at least Mr. Kuchma is not running for re-elec- a moratorium on any sort of government $114 million he is accused of stealing tion in Ukraine’s presidential elections in Situations Ministry until after the inspections of mass media outlets in October 31 vote. from Ukraine. Federal prosecutors in San October. But whoever he supports to run Ukraine. Francisco say Mr. Lazarenko brought in his stead could find the testimony Ivan Chyzh, chairman of the State The same day a delegation from the Committee on Radio and Television millions of U.S. dollars to the United damaging to his chances of victory, Organization for Security and States intending to launder it. according to Anders Aslund. Broadcasting, on March 17 told a special Cooperation in Europe (OSCE) gathering of representatives of the for- Mr. Lazarenko says there is no need for Dr. Aslund was a financial adviser to announced in Kyiv that their visit was the him to launder money that he earned legal- the Ukrainian government from 1994- eign diplomatic corps in Kyiv, invited by beginning of comprehensive monitoring the Ministry of Foreign Affairs to address ly in Ukraine. If that is the case, prosecu- 1997. He now specializes in international of the presidential election campaign sea- tors argue, why did he enter the United economics at the Carnegie Endowment international concerns about a “reduced son in Ukraine. radio and television broadcast space in States in 1999 using a forged passport pur- for International Peace, a private policy The national vote, scheduled for ported to have been issued by Panama? research center in Washington. Ukraine,” that state and government offi- October 31, has already caused an inter- cials were working to make mass media Further, the prosecutors point to Mr. Dr. Aslund said he has little sympathy national stir after several media outlets “clear, open and accessible to all.” Lazarenko’s conviction, in absentia, by a for President Kuchma’s potential embar- were forced to shut down in Kyiv in the “Evidence of the fact that we are mov- Swiss court four years ago on similar rassment. At the time Mr. Kuchma last months, two by order of Ukrainian ing in the right direction is the decree by charges, for which he received an 18- appointed Lazarenko as his prime minis- courts. In addition, a U.S.-sponsored the president of Ukraine, supported today month suspended sentence. ter, Dr. Aslund says, Mr. Lazarenko was radio news agency, Radio Liberty, was by the Verkhovna Rada,” explained Mr. According to some estimates, Mr. widely perceived in Ukraine as the most taken off the air twice in the same time Lazarenko stole perhaps as much as $1 Chyzh. corrupt man in the country. period, directly affected by the changes Mr. Chyzh had called for a govern- billion in Ukraine a decade ago when Dr. Aslund said Mr. Kuchma’s only made in the status of two Kyiv radio sta- industries once owned by the old Soviet ment ban on inspections of the mass excuse for making the appointment tions. Also, Channel 5, a nationwide media by state agencies on March 12, state were being privatized. President would be that he had no choice, given Ukrainian television network, has alleged Leonid Kuchma appointed him prime after the Verkhovna Rada had rejected a Mr. Lazarenko’s great influence at that that tax police have harassed it recently bill on the same matter. After President minister in 1996, but fired him a year time. And yet, Dr. Aslund says, President and that its signal has been tampered later when Mr. Lazarenko decided to Kuchma did have the power to dismiss with. (Continued on page 22) challenge Mr. Kuchma for the presidency. Mr. Lazarenko in 1997. Mr. Lazarenko sought asylum in the “There’s no excuse for Kuchma. Here United States in 1999, saying that he had he appoints the man who’s considered been subject to three assassination attempts the most corrupt man of the land [as] in Europe. But President Kuchma’s govern- prime minister, and [this perception was Constitutional Court ruling approves ment accused Mr. Lazarenko of embez- present] before Mr. Lazarenko became zling money from Ukraine. In the mean- prime minister,” Dr. Aslund said. time, U.S. law enforcement officials said Dr. Aslund said he is less certain about controversialby Roman Woronowycz politicalbe resubmitted reform for a year bill, as well as stip- they had evidence of Mr. Lazarenko’s the outcome of the trial. The judge in the Kyiv Press Bureau ulates that the Verkhovna Rada cannot money-laundering. case has ruled that prosecutors must first amend a provision of the Constitution KYIV – Ukraine’s Constitutional Court Mr. Lazarenko was subsequently arrest- prove that Mr. Lazarenko got his millions more than once during its mandate. ed and jailed in a U.S. federal prison. He ruled on March 18 that a controversial polit- Eighteen justices sit on the judicial illegally in Ukraine. Only then can they ical reform bill recently pushed through was released a year ago after posting $86 try to prove the money-laundering charge. panel of the country’s highest constitu- million in bail. He is now under 24-hour Parliament for preliminary approval by the tional body. The president appoints six surveillance to ensure that he does not try (Continued on page 23) majority coalition did not violate provisions justices, the government six and the within the Constitution of Ukraine. Parliament six. The court approved the wording of the The political reforms foreseen in the bill by a 14-3 vote. If approved in a second draft legislation call for the Verkhovna Rada Two Ukrainian citizens killed, reading by a two-thirds parliamentary vote to have its term extended from four to five during this legislative term, it would put years, to bring it in line with the presidential more power in the hands of the Verkhovna term of office. It authorizes the Parliament three injured in Madrid explosions Rada and reduce the role of the president, to form a majority coalition, which would merely months before presidential elections. then elect a prime minister who would form by Roman Woronowycz tives as prime suspects in the case. The court’s ruling stated that the draft Kyiv Press Bureau Ukraine’s Ministry of Foreign Affairs a government and appoint local and region- legislation did not violate Articles 157 al authorities. It cedes a good portion of confirmed on March 18 that the dead and 158 of Ukraine’s Constitution. It KYIV – Two Ukrainians perished and Ukrainians were a 56-year-old male and presidential authority to the prime minister. three others were injured in the explo- noted that there were certain inconsisten- The bill instructs that the law should a 47-year-old male. Foreign Affairs cies in the draft legislation as a whole sions that shook Madrid’s train stations become effective within four months. Ministry spokesman Markian Lubkivskyi and as it related to elements of the on March 12. Some of the Ukrainian vic- Opposition leaders in the Verkhovna would not identify the dead individuals. Constitution. The court concluded, how- tims were illegal immigrants who had Rada have said that the two parliamen- “We are not naming them at the ever, that it “was not authorized to rule traveled to Spain in search of work. tary floor votes in which a majority requests of the families,” explained Mr. on these matters, inasmuch as they did The victims were among the 201 dead voiced approval for the legislation were Lubkivskyi. not change or limit individual or citizen and nearly 1,500 injured as a result of 10 procedurally illegal. He added that the remains of the dead rights and liberties; were not aimed to separate blasts at three different train sta- The Our Ukraine and Yulia Tymoshenko or injured victims had not been returned liquidate independence or to violate the tions that shook the Spanish capital city. blocs have said that during the first vote, to Ukraine, as yet, and that the family territorial integrity of Ukraine,” as stipu- held December 24, 2003, the hand vote that While police investigators had at first members of only one victim were in lated in Article 157. Article 158 states resulted after they forcibly stopped an elec- suspected Basque separatists from the Madrid to identify the body.
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