Translated by Eugene Ivantsov
Parliamentary election will not be over after polling stations close in the evening. This election will most likely begin after that. Depending on the election outcome declared by the Central Election Commission (CEC), any political force may start a legal war. Other political parties and blocs will do the same following the tactic “Attack is the best defense.”
Upcoming legal conflicts are manifested by the fact that the Party of Regions appointed a new legal manager of the party. From now on, Serhiy Kivalov will represent the Party of Regions in courts. This man has his own effective methods of resolving legal disputes. Besides, he has well established relations with Viktor Medvedchuk.
Yulia Tymoshenko Bloc in its turn sends a group of lawyers who used to represent Privat Group to Donetsk region.
That is why thrill-seekers may take their seats waiting for the spectacular show titled “early election.”
Ukrayinska Pravda decided to analyze strong and weak sides of the opposing camps.
The Constitutional Court
The Constitutional Court which appeared in the centre of the political intrigues several months ago is now recovering from the moral trauma. Almost half of the court judges have taken sick leave. At the same time, there was one very important court decision which remained unnoticed. The ill-famed Suzanna Stanik won a case against Viktor Yushchenko regarding illegitimacy of her discharge.
However, according to some information, the court referred to the norms of the old Constitution in its decision in favor of Mrs. Stanik.
That is why Mrs. Stanik’s position is rather uncertain. She takes part in the work of the Constitutional Court collegiums having been suspended from the Constitutional Court hearings.
In fact, Mrs. Stanik was the last ‘ball-cartridge’ of the anticrisis coalition in the Constitutional Court.
But Mr. Yanukovych’s team has good relations with the current Chairman of the Constitutional Court Andriy Stryzhak who has his closest ally in the Party of Regions election list.
However, the Constitutional Court Chairman who comes from Zakarpattya region has well-established contacts with Viktor Baloha. That is why it is possible that Mr. Stryzhak will have to choose between the two opposing camps.
Now, the Constitutional Court has to decide three election issues.
The first one is Viktor Yushchenko’s claim to cancel the norm which forbids voting for those Ukrainian citizens that left Ukraine and did not come back three days before the election.
Consideration of this issue is actively proceeding and the verdict is expected to be delivered before September 30.
The Party of Regions accused Mr. Yushchenko of sabotaging the negotiations. This ban included to the Law on Election was a part of agreement partially resolving the political crisis.
According to the Party of Regions, cancellation of such a ban will make it possible to rig the election in Western Ukraine by using Ukrainian passports of those guest workers who left Ukraine fir Europe.
At the same time, the President’s Secretariat believes that this ban limits rights of Ukrainian citizens who are going to come back to Ukraine during these three days.
After failed experiments of the coalition the Constitutional Court is no more controlled by the Party of Regions. That is why it is highly probable that the Court will make a decision in favor of the President’s Secretariat.
The second issue concerns use of absentee ballots at the early election. Whatever decision is made it will come into force only at the next election because absentee ballots have not been yet printed and approved.
The third issue to be considered is permission to include voters to the electoral list on the election day. Theoretically, this problem may be considered before the election.
Still, the Constitutional Court has not completed its main mission in the entire early election story. The Court made no decision regarding legitimacy of Mr. Yushchenko’s decree to dissolve parliament and call an early election. The Constitutional Court will have no time to do it before the election and no opportunity to make any decisions after it.
The Central Election Commission
The Central Election Commission has the following principle: the two sides have to come to agreement otherwise this organization is paralyzed. The opposition controls 7 members and the chairman there, while the coalition has eight members and the secretary whose signature is mandatory on all official documents and protocols.
When the Party of Regions warned of the possible blocking the election it was not a mere joke. There are several ways of doing it:
The first one is boycotting the CEC sitting by the CEC members loyal to the coalition.
The second one is refusal of taking part in the work of the regional and districts election commission by CEC members loyal to the coalition.
In the event the CEC is invalid there will be no one to count votes. There are two very simple ways of pressuring the CEC. It is threatening and bribing. It is well-known which party has the richest man in Ukraine on their election list. That is why it will be very difficult to have the coalition CEC members change their political preferences. One can force the CEC members to fulfill their duties by initiation of criminal cases against them. But such variant is very dubious.
The Prosecutor General’s Office
Calling the CEC members to account is the competence of the Prosecutor General’s Office where the Party of Regions has strong positions.
Even taking into account that Oleksandr Medvedko has a neutral position, his key deputies are loyal to Mr. Yanukovych’s team.
First Deputy Prosecutor General Serhiy Vinokurov is rather close to the Communist Party.
Viktor Pshonka is another Deputy Prosecutor General. His son is included on the Party of Regions list. There is also Renat Kuzmin who is known as an ardent opponent of the Orange.
The Prosecutor General’s Office affects the early election through initiation of criminal cases regarding election fraud. However, it does not scare the opposition.
Pechersk District Court in Kyiv
All resolutions and initiations of criminal cases by the Prosecutor General’s Office are to be appealed in the Pechersk Kyiv Court.
After short fights with the Party of Regions, this court is now loyal to the orange. The court is headed by Inna Otrosh who is close to the BYuT. Besides, this court is a part of judicial branch headed by Vasyl Onopenko.
The Supreme Council of Justice/Judicial Council
Mr. Onopenko has established control over all courts in Ukraine. Disputes regarding the right to appoint judges for administrative positions ended in victory of the Supreme Court Chairman.
As known, in summer the Constitutional Court voted to deprive President Yushchenko of the right to appoint heads of courts.
The decision was half-legitimate because Suzanna Stanik who also took part in voting had then an uncertain status. But the verdict was executed both by the Supreme Council of Justice, where the coalition has majority, and the Juridical Council headed by pro-orange Mr. Onopenko.
First, the Verkhovna Rada abrogated authority to appoint judges to the Supreme Council of Justice where Viktor Medvedchuk had been just re-employed. The Supreme Council of Justice initiated several investigations regarding courts that used to make decisions favorable for the President’s Secretariat. At the same time, the council remained blind to the same legal chaos of the coalition.
However, Mr. Onopenko seized the initiative. First, Mr. Medvedchuk was suspended, and then the Supreme Council of Justice controlled by Mr. Onopenko appropriated the right to appoint judges for administrative positions.
Finally, Mr. Onopenko refused to attend sessions of the Supreme Council of Justice because it did not comply with the decision to discharge half of the Supreme Council of Justice staff loyal to the coalition.
Now, the Supreme Council of Justice is idle. Thus, judges adopting decisions regarding the early election may not fear this controlling body.
Moreover, recently the Donetsk District Administrative Court has made a very unusual decision. Yulia Tymoshenko won the case against her initiated by the Party of Regions.
Election outcome at the polling stations can be disputed only by administrative courts. The system of administrative courts was formed during Mr. Yushchenko’s times, which means a good feedback with the President’s Secretariat.
Appointment of the BYuT member Petro Kovzel to Kyiv Administrative Court is another example of collaboration between the President’s Secretariat and the Supreme Court board.
Mr. Kovzel is Yulia Tymoshenko’s neighbor. Besides, he is Vasyl Onopenko’s friend.
The Supreme Administrative Court
This is the only court that can place in doubt the election outcome countrywide.
As known, Viktor Yushchenko hinted a week ago that he had influence on the Supreme Administrative Court. The president issued a decree to guard the court by the State Guard Department chaired by Viktor Baloha’s closest ally Valeriy Heletey.
Besides, Vasyl Onopenko initiated inspection of the Supreme Administrative Court. The results of this inspection were not good for the court judges which made them loyal to the president.
Of course, no mechanism is perfect. But taking into account recent preparations for the post election legal war, Yushchenko-Tymoshenko’s team looks stronger than Yanukovych and Co. in this context.