Centre for Political and Legal Reforms Statement on “political reform” in Ukraine
On December 8, 2004 the Supreme Rada of Ukraine passed both: Law, which minimizes possible falsifications of public will during revoting of the second round of Presidential election on December 26, and Law of Ukraine “On amending of the Constitution of Ukraine” (draft law №4180).
Greeting this tactic victory of the Ukrainian opposition, which cleaned the way to legitimate victory of Viktor Yushchenko on Presidential election in Ukraine, we have to state, that such victory is of a high price. We as Ukrainian citizens and lawyers are worried of:
the attitude to the Constitution of Ukraine to be the object of political wrangle;
danger for the Ukrainian parliamentary, called by changes of the Constitution, that deals with establishing an imperative mandate of MPs, excluding rules on law regulation of the Supreme Rada activity and increasing authorities term of the Supreme Rada, local and regional radas up to five years;
incompletion and contradiction of legal regulation of the order of the Government building, which is unfamiliar for any State in the World, and of dangers for effective functioning of executive power;
the Prosecutor’s Office has got back the function of general supervision;
the fact, that approving of this law simultaneously means victory of the Ukrainian oligarchy, mainly personified as L. Kuchma, v. Medvechuk, V. Pinchuk and others, who have got a chance to continue influence over Ukrainian power.
But disappointment is followed not only by the fact of amending of the Constitution of Ukraine by many non sustaining provisions, but also that opposition, mainly fraction “Our Ukraine” failed to use many means to avoid such situation – vote for such compromise. Partly, neither society, nor Parliament wasn’t explained clearly in time, that main problems in the system of power in Ukraine are connected not with the Constitution, but with its nonobservance and perversion, first of all, by the President Kuchma. Thus, any reform must begin from observance of effective Constitution and passing the laws on the President of Ukraine, Cabinet of Ministars of Ukraine, others, that have to concretize the constitution, and all its perversion have to stop. No steps were taken in this direction, as no oppositional draft on amending of the Constitution wasn’t submitted, which could legally correctly decide a problem of balancing of state power in Ukraine, make impossible usurpation of authorities and refute accusation of Viktor Yushchenko for will to rule as Kuchma.
We, Centre for Political and Legal Reforms, as one of analytical organizations, which specialized on promotion of development of the Ukrainian Public Law, didn’t stay outside as passive observers. On our own initiative during a long time we tried to inform politics of the fraction “Our Ukraine”. With this aim we prepared and submitted them draft laws “On the President of Ukraine” (for third reading), “On bodies of executive power”, “On amending of the Constitution of Ukraine”, other draft laws and analytical materials. But, like some other analytical centers and scientific establishments, we failed to “break a wall” of indifference and corporative isolation of the bloc “Our Ukraine” administration and election campaign of Viktor Yushchenko.
Neverless, we continue to support consolidation of society with the aim of Viktor Yushenko’s victory and hope for more effective activity of new power and its cooperation with institutions of civil society.
CPLR team Ihor Koliushko, Head of the Centre