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Battle over early election decree in Ukraine

13 October 2008, 13:45 | Associated Press
Battle over early election decree in Ukraine
(AP) - Ukraine's feuding leaders intensified their power-struggle Saturday, with Prime Minister Yulia Tymoshenko seeking to undo President Viktor Yushchenko's decision on holding early parliamentary elections.

 Election officials refused to start preparations for the early vote after a court suspended Yushchenko's decree at Tymoshenko's request. But Yushchenko later appealed the suspension, paving the way for a protracted legal struggle.

       The deepening turmoil bodes ill for this ex-Soviet republic, whose economy and banking system are already severely shaken by the global financial crisis.

       Tymoshenko is premier, but Yushchenko has the power to dissolve parliament and call an early election, unless a court overrules his decision.

       Yushchenko earlier this week ordered parliament dissolved and set the vote for Dec. 7, following the collapse of his pro-Western coalition with Tymoshenko, his estranged ally from the 2004 Orange Revolution.

       But Tymoshenko, who is determined to retain her job and avoid the third election in as many years, has vowed the vote will not take place.

       Kyiv's District Administrative Court suspended Yushchenko's decree ordering the vote while it considers an appeal by Tymoshenko's party, Central Election Commission spokeswoman Zoya Sharikova told The Associated Press.

Yushchenko's office appealed that suspension to a higher court, saying the order had no authority since Yushchenko fired the judge before he made the ruling. It was unclear when the appeal will be heard.

       Tymoshenko ally Volodymyr Pilipenko said that firing the judge was "an act of despair" on the part of the president.

       "The court ruling has been handed down and the election process cannot begin," he said.

       Tensions grew later in the day as Tymoshenko and Yushchenko dispatched rival security forces to Kyiv's Appeals court, where the president's appeal was being considered, according to Pilipenko. He said that Tymoshenko's allies planned hold a round-the-clock vigil at the court to prevent any illegal action from taking place.

       Tymoshenko and Yushchenko have turned into bitter rivals ahead of the 2010 presidential vote. Their shaky alliance collapsed last month after Tymoshenko moved to trim presidential powers. Yushchenko also accused Tymoshenko of selling out to the Kremlin and betraying efforts to join NATO by failing to condemn Russia's August war with Ukraine's ally Georgia.

       Speaking on a popular television talk show Friday, Tymoshenko said the country could not afford an election and that parliament would not pass the necessary legislation.

       The deepening political turmoil bodes ill for this ex-Soviet republic, whose economy and banking system are already severely shaken by the global financial crisis.

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Zorro    (Guest) | 15.10.2008, 15:38
II think Ukraine is a nice country. It is really sad the political and economical situation is going trough right now, I came here on May 2008, since that I have notice how the goverment tried to sell the Idea that UAH was appreciated because the economy was doing good, some companies change people work contracts that were nominated in US dollares to Hrynnias and now people are selling their hryvnas and worrying because the Hryna is not as strong as the goverment said. Obiously somebody well informed got reach in the transaction and will save future cost.
Ukrainian patriot    (Guest) | 15.10.2008, 01:50
Clearly the time has come for the people of Ukraine to come out as they did in the Orange Revolution. This time they should come to demand the resignation of Victor Yushchenko. While Mr. Yushchenko fiddles around with his old political tricks the country is running a real risk of an economic collapse. After all putting limits on people withdrawing money is not a good sign. I think that if Mr. Yushchenko doesn\'t resign he should at least agree to both early presidential and parliamentary elections. In addition any new government in Ukraine needs to set up a commission to draft a new constitution to be approved by popular referendum. The present constitutional charter is not working with its strange divisions of power. As far as the economic crisis goes the fact is that Ukraine has been living beyond its means as we can see in the bloated real estate prices in Kyiv and the rampant consumption by the moneyed elite. Also new political actors are needed in the stage.
PACE    (Guest) | 13.10.2008, 14:20
In emphasis the report (item 68) stated

\"This is a worrying tendency of legal nihilism that should not be tolerated. It is as clear as day that in a state governed by the rule of law judicial mistakes should be corrected through appeal procedures and not through threats or disciplinary sanctions ”
PACE    (Guest) | 13.10.2008, 14:20
In April 2007 the Parliamentary Assembly of the Council of Europe (PACE) passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine. (Items 13 and 14) stated:

“The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law.\"

The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that

\"Several local courts have made decisions to suspend the Presidential Decree only to then withdraw them, allegedly under pressure from the presidential secretariat.\" (item 67)
US Info    (Guest) | 13.10.2008, 14:14
US Government says: http://usinfo.state.gov/products/ pubs/whatsdem/whatdm4.htm

RULE OF LAW ...

The rock upon which a democratic government rests is its constitution--the formal statement of its fundamental obligations, limitations, procedures, and institutions. The constitution of the country is the supreme law of the land, and all citizens, prime ministers to peasants alike, are subject to its provisions

*** Judges may be either appointed or elected to office, and hold office for specified terms or for life. However they are chosen, it is vital that they be independent of the nation`s political authority to ensure their impartiality. Judges cannot be removed for trivial or merely political reasons, but only for serious crimes or misdeeds--and then only through a formal procedure, such as impeachment (the bringing of charges) and trial in the legislature. ***
Link to US Info    (Guest) | 13.10.2008, 14:34
Link to US Government Infomation on democracy and Rule of Law
Link to US Info    (Guest) | 13.10.2008, 14:35
http://usinfo.state.gov/produ cts/pubs/whatsdem/whatdm4.htm
Link to US Info    (Guest) | 13.10.2008, 14:37
Copy and past the above link and remove the added space in /products/ (This is a Kyiv Post generated error when pasting web site addresses)
Guest    (Guest) | 13.10.2008, 14:12
Yushchenko is not suited to hold offive and MUST be impeached NOW.
His illegal and unconstitutional interface in Ukraine`s Judiciary is a direct attack on Democracy and rule o0f Law. Yushchenko does not have the authority or right to unilaterally demiss Judges in order to prevent the courts from reviewing his actions and decrees. Any dispute and disciplinary action against Judges MUST be considered by the High Council of Justices according to Ukraine`s Constitution (Articles 122-131). Yushchenko`s interference is grounds for his impeachment.
Guest    (Guest) | 13.10.2008, 19:26
As an outside observer from Canada of Ukrainian descent, it seems easy to decry the obvious. As I have seen here in Canada, being a judge (or president - prime minister for that matter) is no guarantee of ethical fortitude. Now I don\'t know the true political situation occuring that would give rise to the President of the country dismissing a judge but it seems rather obvious that there are forces afoot that would like to take away the people\'s voice, their right to choose, their right to vote. What is there to fear?

Darcy from Canada.
Luba    (Guest) | 13.10.2008, 21:31
Darcy,

What is there to fear? A lack of governmental stability perhaps? The current president, who does not hold a majority (or even plurality) of seats in the Rada appears to me to be playing politics rather than governing, and putting his future, rather than the nation, first.

Does Ukraine really need another divisive election? The percentages, according to polls, will not shift much, and Nasha Ukraina may go out of government altogether.

Yushchenko is, in the end, just another politician, not that much better than those who preceded him. His administration is corrupt, and his actions at this point seem to be guided by the desire to weaken Tymoshenko ahead of the 2010 presidential race. Will he sacrifice his nation\'s stability to try and destroy a political rival? Apparently, the answer is yes.

Luba from Detroit
Guest    (Guest) | 13.10.2008, 23:42
Luba from Detroit,

Why not let the people decide? I really do not have enough information to pick a side. That is not the purpose of my note. We learn as any species on this good earth learns, by trial and error. By engaging our mistakes we become not only better stewards of ourselves but of those around us as well.

As to your comment concerning the polling in Ukraine \"The percentages, according to polls, will not shift much\", I would ask why bother having an election at all ever again? We can just trust the polls. That would save alot of money.

It also seems odd that a President without a plurality in the government would want to call an election. It would appear to be against his own best interests.

And lastly can we finally stop accusing politicians of playing politics. It seems to me that\'s what they do.

I do appreciate your comments.

Darcy from Canada.
Guest    (Guest) | 14.10.2008, 03:40
Why not let the people decide one the fate of Ukraine\'s President. Yushchenko should reign and a seek to renew his mandate. democracy is not determined by the number of elections held it is based on rule of law and stability. Clearly Yushchenko is the main problem his actions are no where near democratic by western standards and his continual interference in Ukraine\'s judicial process in order to prevent the courts from reviewing his unconstitutional and illegal acts must not be allowed to remain unchallenged. Yushchenko has caused more harm then good. he has betrayed those that supported him. Yes Yushchenko is the one that should face the people in early Presidential elections. What is he afraid off by seeking to renew his mandate if he wins he will have just cause to continue to pursue his policy of division, BUT as we all know Yushchenko will not be elected for a second term. His political career has come to an abrupt end. Better that he leaves sooner then later,
Guest    (Guest) | 14.10.2008, 04:00
The main issue here is that Yushchenko has not authority to unilaterally dismiss Judges,he tried that last year and the courts found his actions to be illegal.

There is a proper process in dealing with allegations of misuse and corruption in the Judiciary provided under Ukraine\'s constitutional rules. The High Council of Justice is the appropriate body to consider such matters.

Again I refer the reader to the explanatory report of the Parliamentary Assemble of the Council of Europe where the specificity criticised the Office of Ukraine\'s president for interfering in the operation of an independent judiciary. Also refer to USInfo site information as outlined above. Yushchenko is not above the law, even though he is the only person who has absolute immunity. Fort a head of state to act in such an unconstitutional and illegal manner is a very serious issue, one that is grounds for his impeachment. It would not be tolerated in a western democracy.
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