Wednesday, April 22, 2009

The President of Ukraine Viktor Yushchenko: “I'm ready to hold early presidential election”.

A couple of quotations from today’s press-conference of the President of Ukraine Viktor Yushchenko:
"The ruling coalition in Parliament is de facto absent".
"The majority voting system will never be presented again in Ukraine".
"The parliamentary coalition should prove it has 226 MPs, and re-introduce a candidature of PM".
"I'm ready to hold early presidential election, if the parliament agrees to hold early parliamentary election on a base of a new electoral law, and to abolish unlimited parliamentary immunities"
"Decision of the Constitutional Court shall be the base for future actions (concerning early parliamentary election. – T.V.)"

Meanwhile, the International Monetary Fund (IMF) made public its World Economic Outlook today. The Fund revised its forecast of GDP of Ukraine to a drop of 8 percent this year, from the earlier figure of 3 percent. It also predicted the economy of Ukraine would grow 1.0 percent in 2010.
The World Bank also revised its 2009 forecast this month, and said that the Ukrainian GDP will drop to 9 percent from a previous prediction of minus 4 percent.
Ukrainian government still thinks that GDP-2009 will grow on 0.4 percent. In 2008, the economy grew 2.1 percent.

Wednesday, April 1, 2009

The April Fool’s Day. Ukrainian Parliament scheduled presidential election to be held three months earlier than it was expected – on 25 October 2009.

The Parliament of Ukraine has decided today to schedule the next presidential election on 25 October 2009. Just to remind, previously most of MPs and experts suggested the election of President has to be held in January 2010 – 4 years after the Inauguration day. The decision of Verkhovna Rada was a kind of an answer to the Presidential address to Parliament (yesterday).

Actually the real background of today’s vote of Ukrainian Parliament is hiding not exactly in the speech of the President of Ukraine Viktor Yushchenko, and even not in his unexpected idea to change a Constitution by himself, or to introduce a two-chamber Parliament with a rather weak Lower House.

There is a rumor that the Presidential Secretariat has already drafted a Decree to dismiss the current Parliament and to call for a snap parliamentary election in a nearest future. To stay ahead, all the parliamentary factions united in common decision: to cut the presidential term of Mr. Yushchenko for 3 months. The second, but not less significant goal of the MPs was to secure their immunities: the Constitution says the Parliament shall not be dismissed during 6 months before presidential election.

401 of MPs voted in favor of “25 October”, 7 – the Presidential part of Our Ukraine – People’s Self-Defence faction (United Center party) – voted against. Vyacheslav Kyrylenko, member of OU-PSD, addressed his colleagues during the parliamentary debates: “What are we afraid of? Early parliamentary election? Dear Mr. Speaker, do you have information on the respective Decree of the President? Please, make this information public!”

What's next? Viktor Yushchenko is going to challenge the decision of Parliament in the Constitutional Court of Ukraine. “This decision is not legal, this decision does not correspond to the Constitution”, he said today. “All of them are going to lose before the October… The election will be held in due time, provided by the Constitution of Ukraine”.

The version of the Constitution of Ukraine acting in 2004 (when Mr. Yushchenko was elected) says the presidential election should be held every four years. A current edition of the Constitution provides that the President shall be in power during four years after he assumed the office.

Tuesday, March 31, 2009

“After this speech, I’ll pass to Speaker Lytvyn my project of a new Constitution ”. Viktor Yushchenko addressed the Parliament of Ukraine.

The President of Ukraine Viktor Yushchenko has addressed the Parliament today with his annual speech. Mr. Yushchenko failed to appear in Verkhovna Rada with his speech last year - the parliamentary tribune was blocked - but this time he has fully made up for lost opportunity.

The ordinary presidential speech with the expected call for all the political leaders to stop fighting and unite all the forces for saving Ukrainian economy in crisis times was finished with a surprise. President informed that he's going to introduce to Parliament of Ukraine a new project of the Constitution of Ukraine - right now.

Viktor Yushchenko proposes a dramatic change of the very system of powers in Ukraine. First of all, he wants Ukraine to have the two-chamber Parliament, and to reduce a number of MPs.

According to President, the Lower Chamber of the Parliament of Ukraine shall be elected by proportional voting system (like today) with open political party lists. The Lower Chamber will form the Government and control its work. "The inability to form the Government will lead to the dismissal of the Lower Chamber, but not all the Parliament. In this case the work of the Parliament will not stop," Viktor Yushchenko noticed.

The Upper Chamber should be elected among the representatives of regions of the country - using the majority voting system. It will work in lose connection with the President of Ukraine, in particular, dealing with the security issues. Every district of Ukraine will have 3 Senators elected.

"The political turbulence will be left in the Lower Chamber of Parliament", Viktor Yushchenko thinks. "President, together with the Upper Chamber, will secure stability of the state".

The President of Ukraine called for an urgent examination of his project of the Constitution of Ukraine in Parliament.

Thursday, March 19, 2009

Open Lists. Ukraine has learned how to hold free and fair elections, but it’s not enough to be called a true democracy.

In this post I would like to turn back to the question of the reform of electoral law in Ukraine. There are a lot of talks about how to change the way Ukrainians are electing the Parliament (I’ll stay away from the analysis of re-distribution of powers) or local Councils, but the very idea of reform is completely distorted. Instead of having a serious talk about the very details of a new electoral system that will fit to Ukrainian realities in a best way, most politicians are trying to switch the public attention to active, but non-effective discussions around one point – a need to move from the closed-party-lists to open-party-lists scheme, in frames of the current proportional voting system. I think it’s not enough at all.

Since the Orange revolution of 2004, all the elections in Ukraine were recognized as free and fair. But as a result of these free and fair elections, we, Ukrainians are receiving – again and again – the Parliament full of come-and-go people. The majority of Members of Parliament of Ukraine doesn’t make any serious decisions, but only thoughtlessly presses the “yes” or “no” buttons, in accordance with order of faction leaders. It has to be changed.

According to the current electoral law, Ukraine elects its Parliament on a base of proportional representation system with closed party lists. The system stipulates that Ukrainian citizens vote not for individuals, but for parties, which are receiving seats in Parliament proportionally to the amount of votes they had won. Every party draws up a list of its candidates for the seats in Parliament, but it must make public only the names of five first persons from the list. A couple of hundreds of other candidates may be hidden until the end of the vote – it’s a provision of the closed-party-lists type of proportional voting system.

As a result, according to the closed-party lists scheme, Ukrainians are voting not for all members of Parliament, but are only choosing between “groups of five”. Even if a party makes public the entire list, the electoral campaign has been centred on a little group of party leaders. And after the elections Ukrainian voters may realise that the party they voted for has in its list, for example, a personal massager of the party chief, or the secretary of a party sponsor. A very big problem of the current electoral system is also the fact that the Members of Parliament has almost no officially established connection with the regions of a country. People simply don’t feel they have a real representative in Parliament: there is no one to be called “my MP”.

It is naive to think that the problem will be cured, if all the party lists were open in its literal meaning – becoming public before the elections. Ukrainian parties are mostly based not on the ideology, but on their leaders who are associated with all the party. And the majority of Ukrainians will keep voting for the personalities they like, not taking care about any lists. (And even if an old woman from the village has an opportunity to read all the lists of all the parties, she will surely not be able to analyse them properly, and to estimate how much people from the list she may see in Parliament after the elections. To make the outcome of the parliamentary election more democratic, there is a need to change the voting system as a whole.

As to my point of view, the best thing for Ukraine is to come back to the majoritarian (plurality) system of vote: the person, not a party should win support of voters, and should represent Ukrainian people in Parliament. Ukraine still doesn’t have a developed party system. Imagine, only about 3% of the citizens of Ukraine are members of any party. That means that 97% of Ukrainians doesn’t feel close to any political party at all. Proportional system was established, among other issues, in order to build up the party system in Ukraine. This idea failed: new-formed Ukrainian democratic political parties in reality are something between the oligarchic lobby groups and fan clubs of charismatic leaders.

In frames of the current proportional, party-based system of vote, the easiest way for Ukraine would be to switch to one of the models of open party lists, when a voter receives a right not only to vote for a party, but also to express his or her preference for a particular candidate(s) in frames of the party list. That means that voter indicates not only a name of the party he or she favours, but also names the favourite candidates from this party, or even indicates the order of preference. Such a model is widely used in the countries of Western and Central Europe. I would propose also to move forward from a single constituency scheme Ukraine currently has. In this case the parties will have to draw up several regional lists of candidates, giving a chance for regional leaders to be elected, and also establishing a stronger link between regions and Parliament.

There are other things which I think have to be done to make the parliamentary election in Ukraine closer to the best democratic standards:
1. To adopt an Electoral Code, a single document, which would incorporate all the rules (including technical) concerning holding parliamentary, presidential and local elections.
2. To form the Registry of voters (at long last) to avoid fraud.
3. To change the provisions of electoral law, re-establishing the so-called “absence certificates” for people who are not at home at a day of election (for ex., they are in the other region of Ukraine or abroad) to have a possibility to realize their Constitutional right to vote.

Sunday, March 15, 2009

Open Vote. Ukrainian authorities want to change the electoral law: to use it at the early parliamentary poll, combined with the presidential election.

Viktor Baloha, a Head of the Secretariat of the President of Ukraine, informed on Wednesday, 11 March that the Secretariat’s legal services are drafting proposals to change the electoral legislation in country. The objects of change are parliamentary and local elections. In particular, the Secretariat is going to propose to switch to the open party lists (in frames of proportional system). The relevant projects of law will be tabled in Parliament soon.

“Due to a current election system, we have the Parliament, which is considered by the majority of experts as the most unprofessional. Yesterday massage therapists, office-girls, guards, and drivers of party bonzes are working now as People’s Deputies (Members of Parliament. – T.V.). I am sure that they are exactly not the people Ukrainian voters wanted to delegate to power. Ukrainians want to know, whom they are electing”, Mr. Baloha emphasized.

One day before – on 11 March 2009 – the President of Ukraine Viktor Yushchenko released the Member of Parliament of Ukraine Sergiy Holovaty (the oppositional Party of Regions) from his duty as a Member of the European Commission for Democracy through Law (Venice Commission), the advisory body of the Council of Europe. Starting from this week, Maryna Stavniychuck, the Deputy Head of the Presidential Secretariat, is representing Ukraine at the sittings in the Scuola Grande di San Giovanni Evangelista in Venice.

The dismissal of Sergiy Holovaty, a lawyer, who is very respected in Europe, and in the Council of Europe in particular, was not a coincidence: the Venice Commission has examined two documents concerning elections in Ukraine on 14 March. Unfortunately, I still have no information about the decision of the experts of the Venice Commission on a Draft law of Ukraine amending the Constitution of Ukraine, initiated by Members of Parliament of Ukraine Viktor Yanukovych (Head of the Party of Regions) and Oleksandr Lavrynovych (Vice-Speaker of Parliament, member of the Party of Regions), and a Draft law amending the Law on Election of People’s Deputies of Ukraine, initiated by Oleksandr Lavrynovych and Andriy Portnov (Block of Yulia Tymoshenko). I know only that the Venice Commission is not over-enthusiastic about the ideas to cut off dramatically the presidential powers in Ukraine. Anyway it is clear that the current President wanted to have a bit of influence on this decision.

The amendments to the electoral law may be used earlier than expected. The Speaker of the Parliament of Ukraine Volodymyr Lytvyn mentioned on 12 March that after the presentation of a mew electoral system, the call for the simultaneous presidential, parliamentary and local elections is quite possible. A Member of Parliament from Our Ukraine – People’s Self-Defence block Vladyslav Kaskiv also thinks that the early parliamentary election may be held as “the most easy way out”. Viktor Yanukovych also said he’s in favour of the simultaneous parliamentary/presidential poll in his televised interview.

Another news of the expiring week is that the leader of the Communist Party Petro Symonenko said he has already prepared the motion for the impeachment of the President of Ukraine. “Serving President has not ever infracted the Constitution and laws of Ukraine”, answered the Head of the Presidential Secretariat in the newspaper interview. “It is easy to explain the words of a member of democratic coalition Petro Symonenko. He is so inspired by Tymoshenko’s instructions that voters may not understand, whether he is a member of her party or the Head of the Communists”. According to Mr. Baloha, the presidential election will be held on 17 January, 2010. The Head of the Secretariat did not inform journalists, whether President is going to take part in the election.

Meanwhile, we had a very interesting public event here in Kyiv on Friday: around 350 people gathered near the building of Parliament, demanding to introduce the direct presidential rule in the country. “Crisis is a right time for the presidential rule”, their slogans said.