Build Ukraine

  table of contents   

PATH TO CONSTITUTIONAL REFORM IN UKRAINE STILL UNCLEAR
  

Inside Ukraine Newsletter, Kyiv, Ukraine, March 24, 2004

KYIV - With Constitutional Court approval accomplished, the Verkhovna Rada has begun the final phase in its adoption of pending constitutional reforms that would drastically change Ukraine's governing structure. However, clashes among top officials, particularly Speaker Volodymyr Lytvyn and Stepan Havrysh, coordinator of the pro-presidential majority, suggest that passage of the proportional election law, an absolute must precursor to approval of the reform amendments, may be delayed or possibly even blocked.

The way to constitutional reform has been clouded since the effort began in mid-2002. The first problems arose when Rada members realized that President Leonid Kuchma's original reform proposals could give him extended control of the country's levers of power, albeit through surrogates in the Rada and the government.

Later versions of the reforms that would have allowed Kuchma to be re-elected indefinitely were abandoned late in 2003 when Kuchma's health problems became more apparent and pressing.

Thus, since last December constitutional reform has become an object of bargaining between competing political groups with Kuchma's interest centered on assuring a departure unencumbered by legal problems for himself, personal safety for his family and guarantees that his financial assets would be unquestioned. Of course, other forces have their desires and demands.

All available evidence suggests that Viktor Medvedchuk, currently head of the Presidential Administration and the real mastermind of almost all latest Kuchma moves, would prefer to prolong his political longevity as either prime minister or head of the parliament.

Viktor Yushchenko, inspired by his high political rating and the support of followers from both Ukraine and overseas, would like not only to be elected president but to see presidential powers unchanged from those currently enjoyed by the incumbent.

Political newcomers from the Donetsk clan, notorious for their accumulation of huge financial resources, are intent on extending their local influence to the whole country. To do this, they need a powerful leader in an official position who will take care of their ever-increasing appetites.

The leftists, Communists and Socialists who have developed party networks in regions, are concentrating their efforts on strengthening the influence of their parliamentary factions on the executive branch and future gains in the Rada elections in 2006.

Numerous deputies that were elected from majority districts which they regard as baronial manors are most concerned about the possibility that strict proportional election procedures would rob them of their Rada membership, the immunity for prosecution bestowed by their deputy privileges and the influence their regional power gives under whoever is president or prime minister.

Naturally, it is extremely difficult to reconcile all of these overlapping and contradictory claims on power, particularly since the power of the president as an arbiter would be greatly diminished under the reform plans. Some fear, probably with very good reasons, that a weakened presidency would turn the parliament into a permanent battle zone, even more fractious than it is today.

These cross currents of the battles for power, somewhat muted and subsurface in the past, have now flared into the open. For example, on Monday, March 22, journalists were privy to a clash between Lytvyn and Havrysh over procedures the parliament will follow in consideration of the proportional election law. Lytvyn proposed to postpone the vote until it is thoroughly examined by deputies, perhaps a week or even longer. Havrysh claimed that everything was already in hand to endorse the election law draft on Thursday, March 25.

On Tuesday, an extraordinary meeting of the Rada conciliatory council lasted for more than two hours and agreed to consider the election bill on Thursday and Friday so that it could be adopted as a whole. For this purpose, in their view, the corresponding Rada plenary meetings could last until midnight. However, even this provision cannot give enough time to consider all 972 amendments introduced to the bill by deputies.

If the election bill is approved, then comes the potentially months long process of adopting the reform amendments to the constitution. Many deputies, particularly those opposed to the reforms, will demand an article-by-article consideration of the amendments. This procedure is designed trigger a domino effect under which a failure to approve any single point could lead to a blockage of the whole bill. With so many varied points at issue affecting so many individual causes and fortunes, the chances for chaos and legislative gridlock become almost palpable.

The coming legislative days will take on much of the drama and importance of that period when the constitution was originally approved.

The big difference is that then there was considerable technical help from interested parties outside Ukraine and a sense of national purpose. With the current constitutional reform efforts, there are merely the political and financial interests fighting with a blood lust to save their political fiefdoms and their financial fortunes. The possibility for bloodletting, both metaphorical and real, is enormous.

 
 

      table of contents