26.02.2005 | Anatoliy Tkachuk, Kyiv

Political reform is a noose on the neck of «orange revolution»


On 4 December 2004 the event took place in the Ukrainian Parliament, which might exert very negative influence at the development of political situation in Ukraine. Harsh statements of Oleksandr Moroz about the bloc «Our Ukraine» and Yulia Timoshenko allows to understand that the alliance Yushchenko-Moroz fell to pieces or, at least, cracked.

If to base on the commentaries of Martyniuk, Moroz and Litvin, the impression appears that the reason of this conflict is the «inconsequent» position of Yushchenko and «Our Ukraine», since allegedly this very side broke the agreement.

Let us carry out the analysis of situation in Ukraine and try to formulate the top-priority steps that should be taken for liquidation of the current crisis:

1. Serious political crisis is observed in Ukraine, caused by Kuchma-Yanukovich’s regime, which made its best for turning the election of the President into the mockery of the society. Mass falsifications of the election are confirmed now with two documents: Decree of the Supreme Council of Ukraine of 27 November 2004 and Resolution of the Supreme Court of 3 December 2004.

2. The Decree of the Supreme Council of Ukraine of 27 November 2004 expresses distrust to the Central election commission and recommends the President of Ukraine to present, up to 1 December 2004, the propositions on new composition of the CEC.

3. The decree of the Supreme Council of 1 December 2004 expresses distrust to the Cabinet of Ministers of Ukraine, which implies resignation of the cabinet. According to the Constitution, the resolution of the Supreme Council of Ukraine is an act of direct action and does not demand President’s approval.

Basing on these acts, we have the situation, when, de jure, there are no acting government and legitimate CEC in Ukraine (since the organ, which appoints the CEC members expressed distrust to it).

Yet, what happens de-facto? The government continues to function, since the Prime Minister does not acknowledge the decision of the Parliament, and the President pretends that the resolution on distrust does not exist at all, so he does not issue the edict about forming of new government and does not take any steps for presentation of the propositions about new Prime Minister. So, we observe the criminal ignoring by the President of decisions of the Parliament.

Kushnariov made public the idea to debar Yushchenko and Yanukovich from participation in the repeated voting (if this would happen, then on 26 December the ballot papers would contain names of Moroz and Simonenko!!!)

Thus, what top-priority steps should be suggested in such situation?

To acknowledge that the voting of 26 December must be conducted necessarily, and they must be maximally honest.

The election can be honest only if it would be conducted by new composition of the CEC, new territorial and district commissions and in compliance with new legal demands.

So, the necessary changes must be urgently introduced into the law on presidential election.

Yet, even the best law would not work, if the people, which brutally ignored the laws and realized falsifications, would be left on their posts.

Replacement of the heads of regional state administration is impossible without the replacement of government.

Besides, it is necessary to stop the development of the economic crisis, but it is also impossible without the replacement of government.

This seems to be an axiom: at first we must replace the government and then do the rest. However, strange events take place in the Parliament. The so-called «package» is formed, which will allegedly solve all mentioned problems at once: law draft No. 4180 on introduction of changes into the Constitution and the new law on peculiarities of conduction of the repeated voting at the presidential election on 26 December 2004. «Our Ukraine», Yu. Timoshenko’s bloc, some members of the Agrarian party and the Center refused to support this package, which was the reason of the brusque statement of Moroz and created the semblance of inconsequent politics of «Our Ukraine». But it is not true! On the contrary, if «Our Ukraine» conceded this position, it would, in fact, repudiate all small victories, which had been won, such as resignation of the government and juridical removal of V. Yanukovich from Prime Minister’s post.

The TV viewers, who watched the reportage from the Supreme Council of Ukraine, could not understand, why the mentioned Moroz’s «package» would solve the problems of resignation of the present government. On the contrary, according to this draft, the present government has to fulfill its work even after inauguration of new President, and what is more, from the moment of election of new President with the restricted authorities, the authorities of the present government, and especially the Prime Minister, will unbelievably increase.

Here the question appears: who betrayed whom? The agreements between Yushchenko and Moroz were not so categorical. They discussed introduction of this political reform for new Parliament, which would be elected only in 2006.

Now, understanding the interest of Yushchenko and his team in establishment of stricter democratic control over the election procedures, the power decided to press on Yushchenko with Moroz’s political reform. Something like: we will give you the improved law on election, and you will give us the political reform, or, what is simpler, the old order with new government! Such position of the power and its stooges can be understood: they deposited many resources for giving the top post to their candidate. Yet, they failed.

It is obvious that Yushchenko will become the President. So, the only way out is to neutralize him with his own hands. Realizing the essence of the agreements between Yushchenko and Moroz on support of the political reform, the pro-power politics played on Moroz’s «paternal» feeling to the political reform and persuaded him that the reform should be introduced as soon as possible. It seems that Moroz has forgotten about the priorities for the sake of his brainchild: that it is necessary at first to remove the criminal power, which has always ignored the Constitution and Ukrainian Laws, and only then it will be reasonable to create the new rules of play for new power, which would replace the present one. He and his team either do not see, or do not want to see the simple thing: the criminal power will obey no Constitution and no laws. And the neglect by Kuchma and Yanukovich of the Supreme Council resolution on distrust to the government vividly confirms that.

Well, what should be done next?

To go to the election under the condition of the unpunished activities of present regime, with old composition of commissions, with the off-list tickets, with hacked servers and bandits at election stations? If V. Yanukovich would win in this situation, then our «unbiased» Constitutional Court would be able to acknowledge as illegitimate the introduction of changes into the Constitution through the package. Is not it too high price for the political reform, Mr. Moroz?

It is a pity that Oleksandr Moroz does not want to see this simple truth. First, we should be afraid not of «coming» Yushchenko, but of the present regime. Secondly, it is desirable to recollect, at least sometimes, about the millions of our citizens, who are freezing on the squares for two weeks not for the political reform, but for truth and against the present regime.

However, I reckon that the situation is not hopeless all the same. Ukraine has changed after 21 November 2004. I am sure that on 26 December Yushchenko will be elected even without Moroz’s assistance. And where the place of socialists and their leader will be then?

People know a simple formula: appointment of new government – new composition of the CEC – specified law on election – replacement of heads of regional state administrations – honest election campaign – honest election – new President – establishment of order in the state – real political reform of all power system in Kyiv and regions – parliamentary election of 2006. All this should be done for the sake of people, this is a truth, and for the sake of this truth people do not want to leave squares.

History will show who betrayed whom on 4 December in the Supreme Council. The main task today is not to betray people, which have relied on Yushchenko and see in his person the guarantee of forming of honest power. The temporary disagreement with Moroz means nothing in comparison with the loss of people’s belief in victory. This political reform, which is not able to solve the problems of Ukrainian society, is expedited just for causing of dissention and for stultifying of the victory of people over the cynical regime. The immoral and criminal power will use the model of power «from Moroz» in its own interests, but not in interests of the people. The question is not so much in laws as in their observance.

4 December 2004

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