In the wake of the Orange Revolution of 2004, far-reaching changes were made, including a major reduction of presidential power. A power vacuum emerged where once there had been a balance.
What we are seeing, in other words, is an experiment in pseudo-democracy and a rapid deterioration in respect for the law and the constitution.
Then, in 2006, a new proportional electoral system was introduced to replace the old mixed electoral system, in which 50% of members of parliament were directly elected, the others via their party list. The result is that 70% now come from Kiev; few ever visit their nominal constituencies. Even the parties in power have failed to develop a local infrastructure. In effect, the electorate has been disenfranchised and moneyed groups manage politics.
The most recent change to the constitution came in March, when the Constitutional Court capitulated to political pressure, allowing a governing coalition to include unaligned members of parliament. The constitution had previously only allowed factions to form coalitions. Ukraine’s parliament has always been a somewhat unruly place, with numerous parties and factions; this ruling has further weakened discipline and accountability and has encouraged the practice of buying votes.
Further changes to the text are in the offing, as the presidential team is seeking to return – and strengthen – presidential powers removed after the Orange Revolution. If this happens, the presidency will be stronger and political parties weaker than they were in 2004.
A constitutional right – freedom of assembly – has been restricted, and the media is speaking less freely, as media owners have been invited to meet the head of security services (the SBU) and ‘advised’ to follow the approved line.
In addition, breaches of constitutional and parliamentary procedures have become commonplace in recent months (evident, for example, in the approval of the budget, the sale of strategic industrial assets, and in the selective privatization process). A constitutional right – freedom of assembly – has been restricted, and the media is speaking less freely, as media owners have been invited to meet the head of security services (the SBU) and ‘advised’ to follow the approved line.
What we are seeing, in other words, is an experiment in pseudo-democracy and a rapid deterioration in respect for the law and the constitution.
To halt and reverse this trend would require the Constitutional Court to clarify, for example, the limits of MPs’ immunity: extreme and deliberate abuse of immunity is now routine. The process would also be helped by constitutional changes to reflect Ukraine’s European aspirations – the Council of Europe’s Venice Commission has made recommendations that have so far been ignored.
But the starting-point should be to respect the constitution as it was worded before this period of turmoil. That would involve a return to the healthier, pre-2006 electoral system. It would also require heeding constitutional provisions that have always been disregarded.
For example, the constitution states explicitly that “the location of foreign military bases shall
not be permitted on the territory of Ukraine”, yet there is still a Russian base in Sevastopol. The first president of an independent, post-Soviet Ukraine agreed to allow the base to stay until 2017 as, he says, a transitional arrangement. Viktor Yanukovych, the current president, though, has now allowed Russia to keep the base until 2042. This is an issue that the Constitutional Court needs to rule on.
Political anarchy is an invitation to corruption. This is a disaster for Ukraine and should seriously worry the EU.
Bringing about such changes is primarily a challenge for Ukrainians. But we need the backing of the EU. The EU has turned a blind eye to the recent changes. We have political leaders who are exceeding their authority, and deputies who are living above the law – and the Constitutional Court is not acting as a counterweight.
Political anarchy is an invitation to corruption. This is a disaster for Ukraine and should seriously worry the EU.
Viktor Tkachuk is the head of the People First Foundation, a politically independent foundation. He is a former deputy secretary of Ukraine’s National Security and Defence Council and was a senior adviser to three presidents.
