"THE ACTION UKRAINE REPORT"
An International Newsletter
In-Depth Ukrainian News, Analysis, and Commentary
"The Art of Ukrainian History, Culture, Arts, Business, Religion,
Sports, Government, and Politics, in Ukraine and Around the World"
UKRAINE'S SUPREME COURT UPHOLDS VIKTOR
YUSHCHENKO'S PRESIDENTIAL ELECTION VICTORY
NEW PRESIDENT TO BE SWORN IN SUNDAY, JANUARY 23
"THE ACTION UKRAINE REPORT" - Number 414
morganw@patriot.net, ArtUkraine.com@starpower.net
FROM: KYIV, UKRAINE, THURSDAY, JANUARY 20, 2005
-----INDEX OF ARTICLES-----
"Major International News Headlines and Articles"
1.UKRAINE SUPREME COURT UPHOLDS YUSHCHENKO POLL WIN
Reuters, Kiev, Ukraine, Wed, Jan 19, 2005
2. UKRAINIAN ELECTION RESULTS OFFICIALLY PUBLISHED
Interfax-Ukraine news agency, Kiev, in Russian 2357 gmt 19 Jan 05
BBC Monitoring Service, UK, in English, Thursday, Jan 20, 2005
3. TEXT OF UKRAINIAN SUPREME COURT'S ELECTION RULING
One Plus One TV, Kiev, Ukraine, in Ukrainian, 20 Jan 05
BBC Monitoring Service, UK, in English, Thursday, Jan 20, 2005
4. UKRAINE SET FOR SUNDAY SWEARING IN"
Associated Press, Kyiv, Ukraine, Thursday, January 20, 2005
5. VERKHOVNA RADA RESOLUTIONS ON INAUGURATION
Verkhovna Rada, Kyiv, Ukraine, Thursday, January 20, 2005
6. UKRAINE'S YUSHCHENKO LOOKS WEST ON FIRST TRIP
By Pavel Polityuk, Reuters, Kiev, Ukraine, Wed, Jan 19, 2005
7. JUGGLING EGOS AT ULTIMATE A-LIST PARTY
Viktor Yushchenko wanted his own slot to address the conference
By Mark Landler of The New York Times
International Herald Tribune, Europe, Thu, Jan 20, 2005
8. UKRAINE'S OLD GUARD 'STEALING' STATE ASSETS
By Stefan Wagstyl and Tom Warner in Kiev
Financial Times, London, UK, Wed, January 19 2005
9. DEFEATED UKRAINIAN CANDIDATE'S SUPPORTERS
PLAN TO FORM OPPOSITION BLOC
BBC Monitoring Service, UK, in English, Thursday, Jan 20, 2005
10. RUSSIA LOOKS FORWARD TO VISIT FROM YUSHCHENKO
ITAR-TASS news agency, Moscow, in Russian 0934 gmt 19 Jan 05
BBC Monitoring Service,UK, in English, Wed, Jan 19, 2005
11.UKRAINE'S EXEMPTION FROM JACKSON-VANIK PROVISIONS
TO BE BACKED BY BUSH ADMINISTRATION
ITAR-TASS, Moscow, Russia, Wed, January 19, 2005
12. CURRENCY INFLOW IN UKRAINE ALMOST DOUBLES SINCE
START OF 2005 ACCORDING TO NATIONAL BANK
Interfax, Kyiv, Ukraine, Wednesday, January 19, 2005
13. UKRAINE PARLIAMENT REALIGNS AHEAD OF NEW
PRESIDENT'S ARRIVAL
UNIAN news agency, Kiev, in Ukrainian 20 Jan 05
BBC Monitoring Service,UK, in English, Thu, Jan 20, 2005
==========================================================
1. UKRAINE SUPREME COURT UPHOLDS YUSHCHENKO POLL WIN
Reuters, Kiev, Ukraine, Wed, Jan 19, 2005
KIEV - Ukraine's Supreme Court on Thursday upheld Western-leaning
Viktor Yushchenko's victory in last month's presidential election re-run,
clearing the way for his inauguration. Court Chairman Anatoly Yarema,
issuing the ruling well after midnight following days of deliberation, said
the judges had rejected an appeal filed by Viktor Yanukovich, Yushchenko's
rival in the Dec. 26 poll.
"The judicial chamber has decided to ... reject the appeal by Viktor
Fedorovich Yanukovich," Yarema said. "This decision is final and not
subject to appeal."
Yushchenko, who says he wants to move Ukraine closer to Europe while
maintaining traditional links with Russia, defeated Yanukovich in the ballot
by a margin of eight percentage points. The re-run was called by the Supreme
Court after it ruled the original poll in November, in which former Prime
Minister Yanukovich was declared the winner, was subject to mass fraud.
Yushchenko had called vast crowds clad in his orange campaign colors onto
Kiev's streets to denounce cheating in the earlier ballot. He is now
expected to be inaugurated in the next few days, with parliament required by
law to name the date.
The court had signaled earlier it was moving toward such a ruling by lifting
a ban on publication of the election results -- the first step toward
inauguration. The results appeared in Thursday's editions of two official
dailies. "By rejecting Yanukovich's appeal, the Supreme Court has provided
the legal basis for the Central Election Commission's decision and confirms
that Yushchenko won the presidential election," said Oleksiy Reznikov, one
of Yushchenko's representatives in court. -30-
==========================================================
2. UKRAINIAN ELECTION RESULTS OFFICIALLY PUBLISHED
Interfax-Ukraine news agency, Kiev, in Russian 2357 gmt 19 Jan 05
BBC Monitoring Service, UK, in English, Thursday, Jan 20, 2005
KIEV - The Holos Ukrayiny and Uryadovyy Kuryer newspapers on Thursday
[20 January] published a report on the official election results, according
to which Viktor Yushchenko was elected president of Ukraine. A
representative of the Yushchenko team, Petro Poroshenko, demonstrated
copies of the newspapers carrying the report, in the Supreme Court in the
early hours of Thursday.
Holos Ukrayiny and Uryadovyy Kuryer are the official newspapers of the
Ukrainian parliament and the Ukrainian government. After an official report
on election results is published in these papers, it becomes possible to
inaugurate the new president.
As already reported, on 11 January the Supreme Court satisfied a motion from
presidential candidate Viktor Yanukovych to prohibit the Central Electoral
Commission and the editorial boards of Holos Ukrayiny and Uryadovyy
Kuryer from publishing the official results of the 26 December presidential
election in the newspapers until a verdict is delivered on Yanukovych's
complaint [about election results].
On 18 January, the Supreme Court partially granted a motion by presidential
candidate Viktor Yushchenko to lift the ban on the publication of the
results. The Supreme Court's decision states that, according to the law on
presidential elections, a complaint about the Central Electoral Commission's
resolution [announcing election results] must be considered within five days
of its receipt. Owing to this, the Supreme Court ruled that the suspension
of the publication ban should expire after 19 January. [Passage omitted:
more background] -30- [The Action Ukraine Report Monitoring Service]
==========================================================
3. TEXT OF UKRAINIAN SUPREME COURT'S ELECTION RULING
One Plus One TV, Kiev, Ukraine, in Ukrainian, 20 Jan 05
BBC Monitoring Service, UK, in English, Thursday, Jan 20, 2005
The Supreme Court of Ukraine has rejected the final complaint from defeated
presidential candidate Viktor Yanukovych against opposition leader Viktor
Yushchenko's victory in the 26 December rerun of the presidential election.
The following is the text of the court's ruling read out by Supreme Court
Deputy Chairman Anatoliy Yarema and aired live by Ukrainian One Plus
One TV on 20 January:
[Supreme Court Deputy Chairman Anatoliy Yarema] A ruling is to be delivered.
In the name of Ukraine. On 20 January 2005, the Chamber for Civil Cases of
the Supreme Court of Ukraine, consisting of chairman Yarema, judges
[Valentyna] Barsukova, [Liliya] Hryhoryeva, [Ivan] Dombrovskyy, [Viktor]
Marynchenko, [Oleksandr] Potylchak, [Ihor] Samsin, [Yuriy] Titov, [Vasyl]
Humenyuk, [Viktor] Kryvenko, [Petro] Pantaliyenko, [Yuriy] Prokopchuk,
[Yuriy] Senin, [Andriy] Hnatenko, [Anatoliy] Didkivskyy, (?Lyashchenko),
[Mykola] Patryuk, [Mykola] Pshonka and [Oleksandr] Terletskyy, press
secretaries Prokopenko and Skachko; with the participation of
representatives of Ukrainian presidential candidate [Viktor] Yanukovych,
[Nestor] Shufrych, [Taras] Chornovil, [Serhiy] Larin, [Rayisa] Bohatyryova,
[Valeriy] Konovalyuk, [Vitaliy] Khomutynnyk, [name indistinct], [Volodymyr]
Zayets, [Ivan] Vernydubov, [Mykhaylo] Dobkin, Nikazakov, Myroshnychenko,
Okhrymenko, Shapiro, Peter Charles Schifferli, (?Veronique Rosset), Reza
Vafadar; representatives of the Central Electoral Commission, [Maryna]
Stavniychuk, [Serhiy] Dubovyk, [Andriy] Mahera, [Ruslan] Knyazevych and
[Mykola] Melnyk; representatives of the person concerned, Ukrainian
presidential candidate [Viktor] Yushchenko, Vlasenko, Yelnyk, [Mykola]
Katerynchuk, [Yuriy] Klyuchkovskyy, Kustova, Reznikov, Poludyonnyy,
having considered in an open court hearing the case opened following a
complaint from Ukrainian presidential candidate Yanukovych about inaction
by the Central Electoral Commission, its actions to establish the results of
the repeat vote in the Ukrainian presidential election on 26 December 2004,
and about the Central Electoral Commission's resolutions on the results of
the repeat vote on 26 December 2004 and the results of the Ukrainian
presidential election, No 14 dated 10 January 2005, and about the
publication of the results of the repeat vote on 26 December 2004 in the
Ukrainian presidential election, No 15 dated 10 January 2005, has
established [the following:]
On 14 January 2005, Ukrainian presidential candidate Yanukovych filed the
aforementioned complaint with the Supreme Court of Ukraine. In it, taking
account of the specified demands adopted by the court during consideration
of the case, he requested that the actions and inaction by the Central
Electoral Commission in establishing the results of the repeat vote in the
Ukrainian presidential election on 26 December 2004 be found unlawful, that
the resolution by the Central Electoral Commission on the results of the
repeat vote on 26 December 2004 and the results of the Ukrainian
presidential election No 14 dated 10 January 2005 be declared null and
void, and that the resolution by the Central Electoral Commission on the
publication of the results of the repeat vote on 26 December 2004 in the
Ukrainian presidential election, No 15 dated 10 January 2005, be declared
null and void.
On the basis of Part 1 Article 98 of the law of Ukraine "On Ukrainian
presidential elections", [Yanukovych demanded] that the violated election
rights of Ukrainian citizens and the legitimate interests of participants in
the election process be restored by means of calling a repeat Ukrainian
presidential election.
In accordance with Article 16 of the law of Ukraine "On Ukrainian
presidential elections", [Yanukovych demanded] that the Central Electoral
Commission be obliged to request the Supreme Council [parliament] of
Ukraine to call a repeat Ukrainian presidential election.
The aforementioned demands from Ukrainian presidential candidate
Yanukovych, which were supported by his representatives during the
court hearings, are explained by allegations of violations by the Central
Electoral Commission during the election process and while establishing
the results of the Ukrainian presidential election, [violations] of
Ukrainian laws on the Central Electoral Commission, the law on Ukrainian
presidential elections and the law of Ukraine "On the specifics of applying
the law on Ukrainian presidential elections in the repeat vote on 26
December 2004", which led to violations of principles of the election
process, the election rights of citizens and legitimate interests of other
participants in the election process.
The representatives of the person concerned, Ukrainian presidential
candidate Yushchenko, contesting the demands, cited the observance by the
Central Electoral Commission of the requirements of legislation currently in
force, and the absence of violations of electoral legislation which could
have affected the outcome of the election.
Having heard the explanations from the persons involved in the case and
having studied other evidence, the court has reached the conclusion that the
complaint should not be satisfied for the following reasons:
A ruling by the Supreme Court of Ukraine dated 3 December 2004 invalidated
the Central Electoral Commission's resolutions on the results of the
Ukrainian presidential election on 21 November 2004 and obliged the Central
Electoral Commission to call a repeat vote in the Ukrainian presidential
election within the term stipulated in Part 1 Article 85 of the law of
Ukraine "On Ukrainian presidential elections", counting it from 5 December
2004.
The repeat vote in the Ukrainian presidential election was held on 26
December 2004, in accordance with a resolution by the Central Electoral
Commission No 1273 dated 4 December 2004 in compliance with the law
of Ukraine "On Ukrainian presidential elections", the law of Ukraine "On the
specifics of applying the law on Ukrainian presidential elections in the
repeat vote on 26 December 2004".
On 10 January 2005, the Central Electoral Commission adopted resolution No
14 on the results of the repeat vote on 26 December 2004 and the results of
the Ukrainian presidential election, and resolution No 15 on the publication
of the results of the repeat vote on 26 December 2004 in the Ukrainian
presidential elections, stating that Viktor Andriyovych Yushchenko was
elected president of Ukraine, for whom 15,115,712 voters cast their ballots
out of 29,689,971 voters, or 51.99 per cent, while 12, 848,528 voted for
Viktor Fedorovych Yanukovych, or 44.20 per cent.
In adopting the aforementioned resolutions, the Central Electoral Commission
abided by the requirements of the law of Ukraine on the Central Electoral
Commission, with the law of Ukraine "On Ukrainian presidential elections",
the law of Ukraine "On the specifics of applying the law on Ukrainian
presidential elections in the repeat vote on 26 December 2004".
In particular, according to Part 3 Article 14 of the law of Ukraine "On the
specifics of applying the law on Ukrainian presidential elections in the
repeat vote on 26 December 2004", vote-count reports by constituency
electoral commissions were received, considered and announced in a
meeting of the Central Electoral Commission.
The receipt of reports from heads and members of constituency electoral
commissions, representatives of the other presidential candidate,
preliminary consideration and announcement of the vote-count reports by
constituency electoral commissions took place during meetings of the Central
Electoral Commission on 27-30 December 2004.
The final consideration of the vote-count reports was carried out during a
meeting of the Central Electoral Commission on 10 January 2005, which
resulted in the vote-count report of the Central Electoral Commission being
compiled on the results of the repeat vote on 26 December 2004 in the
Ukrainian presidential election.
It should be noted that the final consideration of vote-count reports by
constituency electoral commissions on the results of the repeat vote on 26
December 2004 in the Ukrainian presidential election within their
corresponding constituencies included announcing data from the vote-count
report from each constituency electoral commission, the quantity and essence
of complaints submitted to the Central Electoral Commission, along with the
relevant vote-count report from the constituency electoral commission, the
results of consideration by the electoral commission while establishing the
vote results within the constituency.
In addition, the contents of all separate opinions expressed by members of
constituency electoral commissions were also made public. This way of
receiving and publicizing the vote-count reports of constituency commissions
on the results of the repeat vote on 26 December 2004 in the Ukrainian
presidential election within their corresponding constituencies, and the
compiling of the vote-count report of the Central Electoral Commission on
the results of the repeat vote on 26 December 2004 in the Ukrainian
presidential election are in line with the requirements of Part 3 Article 14
of the law of Ukraine "On the specifics of applying the law on Ukrainian
presidential elections in the repeat vote on 26 December 2004" and Articles
84, 85 of the law of Ukraine "On Ukrainian presidential elections".
At the time when the aforementioned resolutions were being adopted, the
Central Electoral Commission had accurate information about the absence
in courts and electoral commissions of any incomplete consideration of
complaints submitted within the deadlines stipulated by the law.
The court rejects the complainant's arguments as to illegal actions and
inaction by the Central Electoral Commission, and references to violations
of electoral legislation, the rights and interests of participants in the
election process during the preparation, organization and holding of the
Ukrainian presidential election on 31 October 2004 and the runoff election
on 21 November 2004 because they have already been considered by
the Supreme Court of Ukraine.
The complainant's claims of violations of principles of the election
process, constitutional rights of Ukrainian citizens after 5 December 2004
during the preparation, organization and holding of the repeat vote in the
Ukrainian presidential election on 26 December 2004, which, in his view,
made it impossible to establish the results of the true expression of will
by voters, are groundless because inaction and action by the Central
Electoral Commission on issues of preparing, organizing and holding the
election on 26 December 2004, and the adoption of resolutions on the
consideration of complaints and statements by participants in the election
process as to violations of the election law have already been appealed
against in the Supreme Court of Ukraine, which in the period of 21-26
January 2004 adopted rulings to reject the complaints.
In a complaint to the Central Electoral Commission, the complainant
requested that actions to establish the results of the repeat vote on 26
December 2004 by the electoral commissions in all the constituencies and
their inaction in dealing with violations of Ukrainian election legislation
and the constitutional election rights of Ukrainian citizens be found
illegal.
From 6 to 10 January 2005, the Supreme Court of Ukraine delivered rulings to
reject the complainant's appeals against inaction by the Central Electoral
Commission and for the cancellation of resolution No 1387 dated 30 December
2004 on a complaint from Ukrainian presidential candidate Yanukovych, and
resolution No 11 dated 5 January 2005 on an appeal by Ukrainian presidential
candidate Yanukovych.
Thus, the complainant's demands as to the unlawfulness of actions and
decisions by the Central Electoral Commission in establishing the results of
the repeat vote in the Ukrainian presidential election on 26 December 2004
and violations of his rights have not been proved.
On the basis of Articles 8, 71, 103, 124 of the Constitution of Ukraine,
Article 13 of the Convention on Human Rights and Fundamental Freedoms,
Articles 93, 98 of the law of Ukraine "On Ukrainian presidential elections",
Article 15 of the law of Ukraine "On the specifics of applying the law on
Ukrainian presidential elections in the repeat vote on 26 December 2004",
Articles 11, 243/10, 243/20 of the Civil Procedural Code of Ukraine,
the Chamber for Civil Cases of the Supreme Court of Ukraine has ruled that
the complaint from Ukrainian presidential candidate Viktor Fedorovych
Yanukovych about inaction by the Central Electoral Commission, its actions
to establish the results of the repeat vote in the Ukrainian presidential
election on 26 December 2004, about the Central Electoral Commission's
resolutions on the results of the repeat vote on 26 December 2004 and the
results of the Ukrainian presidential election No 14 dated 10 January 2005,
and about the publication of the results of the repeat vote on 26 December
2004 in the Ukrainian presidential election, No 15 dated 10 January 2005,
be rejected.
The ruling is final and is not subject to appeal.
Chairman, judges - all signed.
I declare the court hearing closed. -30-
==========================================================
4. "UKRAINE SET FOR SUNDAY SWEARING IN"
Associated Press, Kyiv, Ukraine, Thursday, January 20, 2005
KIEV - The Ukrainian parliament has voted to hold President-elect Viktor
Yushchenko's inauguration this Sunday, capping an election marked by
fraud allegations, street protests and multiple Supreme Court appeals.
Earlier Thursday, the Supreme Court had rejected an appeal of last month's
revote election by former Prime Minister Viktor Yanukovych, Yushchenko's
rival for office, saying there was insufficient evidence of fraud.
Shortly before that decision was announced, government newspapers printed
the results of December's revote, held after a November vote in which
Yanukovych originally emerged as the victor but which was annulled by the
Supreme Court amid allegations of massive fraud.
The printing of the results opened the way for parliament to set an
inauguration date, and 309 of the chamber's 450 deputies voted to hold the
ceremony on Sunday.
Yanukovych representative Nestor Shufrich said the loser's camp would take
its case to the European Court of Human Rights. That likely would be an
attempt to undermine Yushchenko's standing among the Western European
countries he aims to court for integration into the European Union.
But Yushchenko's camp dismissed such threats. Ukraine, under Yushchenko,
"will show what real democracy means," aide Petro Poroshenko declared.
Under Ukrainian law, once the results were published, the high court could
not have rescinded them. The court a day earlier had ruled that the results
could be published on Thursday. Poroshenko brought test copies of the
gazettes' Thursday editions to the Supreme Court, where supporters
cheered and autographed the papers.
"This means the presidential campaign, which should have been over last
year, is finally over," Poroshenko said. At the tent village on Kiev's main
street, where a core of several hundred Yushchenko supporters have remained
camped since late November, the publication of the election results brought
delight. "Now nobody can steal victory from us," said Bohdan Yakubchyk, 25.
"I'm proud for our country, which will become a part of Europe," said
30-year-old Pavlo Levchuk.
Yanukovych's appeal was based on contentions that massive numbers of
Ukrainians were denied the right to vote in the Dec. 26 election because of
election-law reforms canceling the use of absentee ballots. That change was
overturned by the Constitutional Court one day before the vote, leaving many
elderly and disabled Ukrainians no time to make voting arrangements.
Abuse of absentee ballots was cited by international observers as a key
problem with the Nov. 21 presidential elections in which Yanukovych emerged
victorious, only to see those results scrapped by the Supreme Court.
Yushchenko was declared the winner of the December vote by a margin of
about 8 percentage points.
The Yanukovych appeal consisted of more than 600 volumes of documents,
including statements about procedural violations in the December election
and other complaints. But Svetlana Kustova told the court the veracity of
many of the documents was in doubt, saying that many of the complaints were
written in suspiciously similar format. Shufrich said Yushchenko would be
"an illegitimate president. Yushchenko's staff is interested only in
crowning him and inaugurating him." "The only remedy after such an
inauguration would be an impeachment process," said another Yanukovych
representative, Taras Chornovyl. -30-
==========================================================
5. VERKHOVNA RADA RESOLUTIONS ON INAUGURATION
Verkhovna Rada, Kyiv, Ukraine, Thursday, January 20, 2005
Submitted by the Chairman of the Verkhovna Rada of Ukraine
RESOLUTION #6527: Of the Verkhovna Rada of Ukraine
On Amending the Calendar Plan for the Sixth Session of the Verkhovna Rada of
Ukraine of the Fourth Convocation and on the Date of the Ceremonial Session
Dedicated to Taking the Oath by the Newly Elected President of Ukraine
Herewith, the Verkhovna Rada of Ukraine resolves:
1. to amend the calendar plan for the sixth session of the Verkhovna
Rada of Ukraine of the fourth convocation as approved by the Resolution of
the Verkhovna Rada of Ukraine dd. June 17, 2004 and as amended pursuant to
the Resolutions of the Verkhovna Rada of Ukraine dd. December 3 and 4, 2004
and January 13, 2005 concerning the parliament's work in January 2005, by
announcing the closing date of the sixth session of the Verkhovna Rada of
Ukraine on January 23, 2005 envisaging on January 21 a morning plenary
meeting, January 22 - work in committees, factions and groups, January 23 -
a morning plenary meeting commencing at 12 followed by closing of the
session.
2. pursuant to Article 104 of the Constitution of Ukraine and the
Resolution of the Verkhovna Rada of Ukraine "On Procedure for Holding
Ceremonial Session of the Verkhovna Rada of Ukraine Dedicated to Taking the
Oath by Newly Elected President of Ukraine" dd. December 14, 2004, to hold
a ceremonial session of the Verkhovna Rada of Ukraine in the session hall of
the parliament on January 23, 2005 dedicated to taking the oath by the
newly elected President of Ukraine.
3. This Resolution shall come into force on the day it is passed.
V. LYTVYN
Chairman of the Verkhovna Rada of Ukraine
----------------------------------------------------------------------------
RESOLUTION OF THE VERKHOVNA RADA OF UKRAINE
December 14, 2004
#6373 Submitted by national deputies of Ukraine
A.Matvienko, Yu.Kluchkovskyi, I.Ivancho, V.Asadchev
On the procedure of holding the solemn meeting of the Verkhovna Rada of
Ukraine devoted to taking the oath by the newly elected President of Ukraine
In accordance with Article 104 of the Constitution of Ukraine, the Verkhovna
Rada of Ukraine herewith resolves that:
1. Solemn meeting of the Verkhovna Rada of Ukraine at which the newly
elected President of Ukraine takes the oath, should be conducted in the
session hall of the parliament based on results of election of the President
of Ukraine, to be promulgated by the Central Election Commission, on the
day, scheduled by the Verkhovna Rada of Ukraine upon submission of the
Chairman of the Verkhovna Rada of Ukraine.
2. The Chairman of the Verkhovna Rada of Ukraine should coordinate time,
the list of persons invited and other organizational issues with the newly
elected President of Ukraine and the head of the Constitutional Court of
Ukraine.
3. The National TV Company of Ukraine and the National Radio Company
of Ukraine should organize live broadcast of the solemn meeting of the
Verkhovna Rada of Ukraine by all national channels.
4. The Chairman of the Verkhovna Rada of Ukraine should open the solemn
meeting devoted to assuming the office by the newly elected President of
Ukraine. At that, the national anthem should be performed.
5. The Chairman of the Verkhovna Rada of Ukraine should inform on persons
being present at the solemn meeting, and give the Head of the Central
Election Commission the floor for declaration of results of election of the
President of Ukraine.
6. The Head of the Constitutional Court of Ukraine should inform on
fulfillment of all constitutional requirements to non-compatibility of
offices with the office of the President of Ukraine by the newly elected
President of Ukraine and on absence of any other conditions preventing him
from taking the oath, invite the newly elected President of Ukraine to the
rostrum and give him the text of the oath before the people of Ukraine,
content of which is determined by the Constitution of Ukraine.
7. The newly elected President of Ukraine should take the oath before the
people of Ukraine, with his right hand on the Constitution of Ukraine and,
at his wish, on the Peresopnytske Gospel, sign the oath and give the signed
text to the Head of the Constitutional Court of Ukraine.
8. The Head of the Constitutional Court of Ukraine should declare that the
newly elected President of Ukraine has taken the oath before the Ukrainian
people in accordance with Article 104 of the Constitution of Ukraine and has
assumed the office of the President of Ukraine. The Head of the
Constitutional Court of Ukraine should give the text of the oath before the
Ukrainian people, signed by the President of Ukraine, to the Chairman of the
Verkhovna Rada.
9. The Head of the Constitutional Court of Ukraine should hand over a
certificate of the President of Ukraine to the newly elected President of
Ukraine.
10. The Head of the Constitutional Court of Ukraine should hand over
official attributed of power to the President of Ukraine.
11. The President of Ukraine should announce an address to the Ukrainian
people (swearing-in speech) from the rostrum of the Verkhovna Rada of
Ukraine.
12. After announcement of the address to the People of Ukraine, the
President of Ukraine should take his seat in the session hall of the
Verkhovna Rada of Ukraine near the Flag of the President of Ukraine (the
President's colour). -30-
----------------------------------------------------------------------------
NOTE: Attached for your information is IUPDP translation of Resolution
#6527 passed by the VR today, setting January 23, 2005 as the date of the
Inauguration of the President of Ukraine and IUPDP translation of previous
VR resolution 6373 setting out the Inauguration Procedures which was
passed on December 14, 2005.
Fred Bradley, Field Director
Indiana University Parliamentary Development Project for Ukraine
Phone: 380-44-254-36-91, fred@iupdp.kiev.ua
==========================================================
6. UKRAINE'S YUSHCHENKO LOOKS WEST ON FIRST TRIP
By Pavel Polityuk, Reuters, Kiev, Ukraine, Wed, Jan 19, 2005
KIEV - Ukrainian president-elect Viktor Yushchenko, his inauguration stalled
by legal challenges, is to make his first foreign visit to a major European
institution, officials said Wednesday, in an apparent snub to Moscow. The
Council of Europe, a continent-wide rights body based in the French city of
Strasbourg, said Yushchenko was expected to address its parliamentary
assembly Tuesday in what would be his first official trip outside Ukraine.
He had pledged to make his first trip abroad to Moscow.
The liberal Yushchenko said he was hoping to take the oath of office
Saturday, nearly a month after he won a re-run of a rigged election which
pitched the ex-Soviet state into weeks of mass protests and uncertainty.
Ukraine's Supreme Court plowed on with testimony in an appeal against the
result by election loser Viktor Yanukovich, who was initially backed by
Russia.
Judges sitting late into the evening edged closer to throwing out the case.
They rejected a request by Yanukovich's lawyers to extend a ban on
publishing the poll results, due to expire Wednesday night. That meant
official newspapers could print from Thursday the outcome showing
Yushchenko the winner of the Dec. 26 poll by 8 percentage points.
This would clear the way for the inauguration Yushchenko wants to
turn into a national celebration.
Yushchenko campaigned on a platform of moving closer to the West while
upholding "strategic" ties with Russia, which ran Ukraine's affairs for 300
years before independence.
A CLEAR UKRAINIAN POSITION
Oleh Rybachuk, a policy adviser, said on Yushchenko's Web site that the
president-elect would "clearly convey Ukraine's position on European
integration" during his Strasbourg visit. Yushchenko is also to attend
ceremonies in Poland next week on the 60th anniversary of the Soviet Army's
liberation of the Auschwitz death camp, alongside Russian President Vladimir
Putin.
In Moscow, Russian Foreign Minister Sergei Lavrov repeated the Kremlin's
pledge to respect the Ukrainian people's choice. "This refers directly to
Viktor Yushchenko, who won the latest presidential election," Lavrov told a
news conference.
On the third day of Supreme Court testimony, Yanukovich's team portrayed
the Dec. 26 election re-run as heavily influenced by the mass protests
against the ballot a month earlier. But judges appeared irritated at their
presentation, which relied heavily on emotion rather than legal arguments.
Yushchenko told reporters Saturday was a fitting day for the inauguration,
anniversary of a 1919 proclamation of Ukrainian unity prior to the advent of
Soviet rule.
"But there is so little time after the court ruling for all procedures,
including issuing invitations to foreign guests," he said at Orthodox
epiphany festivities, where his lieutenants took a traditional dip in the
freezing Dnieper river.
"This ought to be memorable for our country, our neighbors and partners. It
was a huge victory for the Ukrainian people." The president-elect wants to
invite leaders of the G8 group of industrialized countries, which includes
Russia. -03- [The Action Ukraine Report Monitoring Service]
==========================================================
7. JUGGLING EGOS AT ULTIMATE A-LIST PARTY
Viktor Yushchenko wanted his own slot to address the conference
By Mark Landler of The New York Times
International Herald Tribune, Europe, Thu, Jan 20, 2005
COLOGNY, Switzerland - Klaus Schwab's office here has a dramatic view
of Lake Geneva and the snow-dusted peaks beyond. It's a fitting backdrop,
because for Schwab, the ups and downs of his work these days are more
vertiginous than a mountain range.
On a recent morning, he had barely taken off his coat when the phone rang.
It was the Indonesian ambassador to Switzerland, and he had bad news.
Indonesia's president would not attend this year's World Economic Forum
conference in Davos because he did not want to leave while his country was
dealing with the devastation of the tsunami. "C'est dommage," Schwab
rumbled. After conveying his best wishes for the relief effort, he hung up
and returned wordlessly to his appointment calendar.
If Schwab was chagrined at losing a newsworthy guest for his conference,
which begins next Wednesday, he was not about to show it. But an hour later,
his mood brightened palpably when he got back on the phone to negotiate a
slot for Benjamin Netanyahu, Israel's finance minister and former prime
minister.
"Things look more disorganized than they are," Schwab said a bit sheepishly
to a reporter who spent a few days shadowing him. "What we are working on
are maybe 10 sessions that aren't pinned down yet. Of course, these are the
10 most important and sensitive sessions."
Each year in late January, Schwab, a German-born former business school
teacher, throws the ultimate A-list party - gathering chief executives,
political leaders, activists, even rock stars for a blend of high-flown talk
and down-and-dirty networking in an Alpine ski resort.
The mix of business and politics is rare, and over 34 years, it has turned
Davos into a heady cocktail for those who can afford it - or wangle a free
invitation. Schwab, 65, has built a thriving business around the conference,
housed in a sleek, glass-and-stone building outside Geneva.
For all its ancillary activities, however, the World Economic Forum still
lives or dies on the buzz generated by Davos. Two weeks before opening
day, the planning here had reached a fever pitch.
The conference schedule, nearly a year in the making, is being rearranged up
to the last minute, as the organizers try to nail down confirmations from
presidents, prime ministers and other notables. Gerhard Schröder is coming
and Tony Blair is likely, but Jacques Chirac is probably not. Bill Gates is
a definite, as is Bono of U2, but Bill Clinton had not sent his R.S.V.P.
"Clinton's people aren't enthusiastic about his being scheduled on Sunday,"
said Stephanie Janet, a keeper of the schedule, as she delivered a daily
status report.
Aides to Gates, the Microsoft chairman who is co-chairman of the conference,
called to request that he appear with the former president. "I've already
scheduled two major sessions for Bill Gates, and told them, 'that's it,"'
said the program director, Ged Davis, rubbing his eyes wearily. "He seems
to want more and more."
Bruising the egos of some of the world's most coddled people comes with the
job for Davis. Don't even ask him about the contretemps between Prime
Minister Blair and Gordon Brown, the chancellor of the Exchequer. The forum
has been dragged into a spat between the two men since Blair laid claim to a
slot previously intended for Brown.
While the chancellor's loyalists groused in the British press, Davis
scrambled to come up with an alternative respectable enough to keep Brown
from canceling. How about a panel on third-world debt relief with Gates and
the Brazilian president, Luiz Inácio Lula da Silva? "A lot of this is about
putting people together in unique situations," said Davis, a soft-spoken,
unflappable man who used to do planning at the Royal Dutch/Shell Group.
It is also about getting the right names at the right time. Two days before
his setback with the Indonesians, Schwab had dinner in Geneva with the
president-elect of Ukraine, Viktor Yushchenko. Yushchenko wanted his
own slot to address the conference, a privilege Schwab hands out extremely
sparingly. But given his riveting story - winning election after a popular
uprising forced an earlier rigged vote to be nullified - Schwab was happy to
oblige.
Davos's bread-and-butter remains the 1,000 or so corporate executives who
pay $12,000, plus an annual membership fee of $25,600, for the privilege of
hobnobbing with the likes of Yushchenko and Angelina Jolie, the actress, who
is coming to talk about development issues.
The agenda is replete with nuts-and-bolts business sessions, with titles
like "Super Brands to the Rescue" and "Spotting the Next Bubble Before it
Bursts." But it is the nonbusiness attendees, particularly the celebrities
and newsmakers, who give Davos its extra dash of glamour. "It's a matter of
survival," said the forum's chief economist, Augusto Lopez-Claros. "If it
was a series of middling leaders from African countries, the CEO's would
reconsider their involvement."
For all its claims about setting the global agenda, the World Economic Forum
is a hostage to events. Few big-name American officials are coming this year
because of the Cabinet shuffle. Condoleezza Rice, who Schwab hoped would
lay out the White House's second-term agenda, sent her regrets as she
prepared for her new post.
The elections in Iraq, which fall just after Davos, ruled out visits by
prominent Iraqis. On the plus side, Mahmoud Abbas, the new Palestinian
leader, is hoping to come, provided events at home allow it, as are Shimon
Peres and other members of the new Israeli government.
Schwab professes not be worried, noting that the turnout of European leaders
is the best in years. Corporate titans have not lost their appetite either,
judging by the roster of familiar names, including Gates, George Soros,
Michael Dell, and Carly Fiorina of Hewlett-Packard. "When you are
successful, you have lots of failures," he said during a break from his
round of phone calls.
Last year was a tough one for Schwab on several fronts. He was diagnosed
with prostate cancer, which was treated successfully in the United States.
And he lost his two lieutenants, when the World Economic Forum's co-chief
executives resigned within months of each other.
The first to go was Philippe Bourguignon, a Frenchman who left the forum
for the top job at Eurotunnel, which operates the tunnel under the English
channel. (He was later rejected in a shareholder revolt.)
The second, more embarrassing, exit was that of José María Figueres, a
former president of Costa Rica. Figueres resigned under pressure last fall
after he admitted receiving $900,000 for consulting services to a French
telecommunications firm, which he did not disclose to the forum. "It was
very painful for me personally," said Schwab, who had hoped that Figueres
would inherit his mantle.
"When you approach 65, you start to think about the future," he said over
lunch. "You begin to look for potential successors. The forum has been very
much built around one person, which can be a problem." For the moment at
least, Schwab has no succession plan. To watch him sprint up and down the
stairs of his headquarters - dropping into meetings, button-holing
colleagues about even the most trivial details - is to understand how
thoroughly Davos remains his show.
Schwab stopped by one group to ask about a panel, later scrapped, which
would have paired the Turkish prime minister, Recep Tayyip Erdogan, with the
German conservative leader, Angela Merkel. Germany's conservatives are
deeply divided about Turkey's entry into the European Union, and Schwab
sensed an opportunity for a lively debate.
Moments later, he huddled with Davis to go over the details of a panel with
Israeli and Palestinian government officials. The Israelis had expressed
qualms about the moderator of the session, and to defuse the situation,
Schwab offered to handle the chore himself.
That solved, they discussed putting together a last-minute panel on American
foreign policy. Several senators, including John Kerry, Bill Frist, the
majority leader, and John McCain of Arizona, will be on hand. Schwab ticked
off their merits with the savvy of a Capital Hill lobbyist.
Back in his office, Schwab took stock of the preparations. He had high hopes
for the Israel-Palestine panel, which he said could revive a Davos dialogue
on the Middle East that was interrupted in 2001 when Yasser Arafat delivered
a scathing denunciation of the Israelis, while sitting on a stage with
Shimon Peres. "I came prepared for a wedding, not a divorce," Peres
responded, in a line that has become part of Davos lore.
It is these unscripted moments that give Davos its juice. As Schwab reached
for the phone, he was already thinking about how to stir things up. Maybe
Netanyahu could share the stage with Mahmoud Abbas (that idea later fades,
along with Netanyahu's attendance). "I'll send him an invitation," he told
the Israeli ambassador. "But please understand, I cannot promise to meet
every demand." -30- (www.iht.com)
==========================================================
8. UKRAINE'S OLD GUARD 'STEALING' STATE ASSETS
By Stefan Wagstyl and Tom Warner in Kiev
Financial Times, London, UK, Wed, January 19 2005
A senior ally of Viktor Yushchenko, the Ukrainian president-elect, has
accused the outgoing administration of President Leonid Kuchma of using
delays in the transfer of power to make unbudgeted spending commitments
and to "steal" state assets.
Petro Poroshenko, the chairman of the parliamentary budget committee and
a contender for the prime minister's office in a Yushchenko administration,
told the Financial Times that officials were illegally privatising state
assets and distributing property on long term leases. "These are simply
criminal actions," he said. "This is simply an extension of the corruption
that has gone on for a very long time."
Mr Poroshenko said the authorities were also promising spending increases
for example, on military pensions without proper planning, which could put
the new Yushchenko administration in a difficult financial situation. "I
think that the government finances will be in a worse position than they
were in December," he said.
Mr Yushchenko claimed the Ukrainian presidency after winning the rerun of
the disputed presidential election on December 26. However his opponent,
Viktor Yanukovich, the former prime minister, has challenged his victory in
the Supreme Court in a move which has held up the transfer of power and left
the government in the hands of an interim administration headed by Mr
Kuchma, who previously backed Mr Yanukovich as his successor.
Mr Yushchenko is expected to be inaugurated on Saturday after the Supreme
Court ruled this week that it would permit the election result to be
published in government newspapers on Thursday. Mr Poroshenko expressed
particular concern about the recent privatisation of Siverskodonetsk Azot, a
fertiliser plant. In his view, the joint venture rules were abused because a
60 per cent stake went to a private investor, but no money came to the
government. ]
Meanwhile, publicly owned buildings in central Kiev had been leased to
business figures close to the government on favourable terms, he claimed. Mr
Poroshenko's comments follow similar criticisms made by others in the
Yushchenko camp, including the president-elect. Mr Poroshenko insisted, as
Mr Yushchenko has done, that the new government did not plan any sweeping
review of privatisation rules, but the courts would deal with specific
cases.
Yushchenko supporters are worried they might inherit a shortfall in the
public finances. The government insists it ended 2004 with a budget surplus
but one of its international economic advisers estimates there was a deficit
of 4.5 per cent of gross domestic product (GDP). Mr Yushchenko's allies are
concerned that they might inherit other spending commitments not covered by
the data which could undermine budget plans for 2005.
Ukrainian GDP rose 12 per cent last year, one of the highest rates in the
world. Economists forecast GDP growth will slow this year to 5-9 per cent.
While this is still very strong by global standards, the decline will add to
pressure to contain government spending increases to prevent a surge in
borrowing and/or inflation, which rose rapidly in the final months of 2004
and reached 12.4 per cent at year-end.
Arseny Yatsenyuk, the deputy governor of the central bank, on Wednesday
denied in an interview with the FT that the economy was over-heating. GDP
growth of 8-9 per cent was "achievable", but the economy would require
careful monitoring and handling given the high rates of growth in GDP,
prices and the money supply. -30- [Action Ukraine Monitoring Service]
==========================================================
9. DEFEATED UKRAINIAN CANDIDATE'S SUPPORTERS
PLAN TO FORM OPPOSITION BLOC
UNIAN news agency, Kiev, in Ukrainian 0204 gmt 20 Jan 05
BBC Monitoring Service, UK, in English, Thursday, Jan 20, 2005
KIEV - MP Nestor Shufrych, Viktor Yanukovych's representative at the
Supreme Court, has said that the USDPU [United Social Democratic Party]
and the Party of Regions [headed by Yanukovych] will form a powerful
opposition to President Viktor Yushchenko jointly with the Communist Party
of Ukraine. Shufrych said this right after the Supreme Court rejected
Yanukovych's appeal.
"When Yushchenko's inauguration becomes a reality, then we can talk about
opposition," Shufrych said. "One third will be the Communists, they will
decide for themselves, as well as the USDPU and the Party of Regions," he
added.
Shufrych said that the parties plan to coordinate further actions at their
meetings. An emergency meeting of the USDPU will be held soon, he said.
Shufrych thinks that Yanukovych should not settle for a seat in parliament
of this convocation. It is better to form a bloc in order to win the
parliamentary election in 2006. Shufrych said that Yanukovych has a good
chance to head one of the main opposition blocs after the election.
Shufrych did not rule out mass protests after the Supreme Court's ruling. He
said that the ruling "felt like farce". "What we saw was the hearing of `the
Supreme Court versus Yanukovych', and the Supreme Court won," Shufrych
said.
As reported earlier, the Supreme Court has rejected Yanukovych's appeal
against the election result. Shufrych said that Yanukovych's team plans to
appeal to the European Court for Human Rights. [Passage omitted: Small-scale
rallies in support of Yanukovych held in several eastern and southern
regions.] -30- [The Action Ukraine Report Monitoring Service]
==========================================================
10. RUSSIA LOOKS FORWARD TO VISIT FROM YUSHCHENKO
ITAR-TASS news agency, Moscow, in Russian 0934 gmt 19 Jan 05
BBC Monitoring Service,UK, in English, Wed, Jan 19, 2005
MOSCOW - Moscow welcomes the intention of Viktor Yushchenko to
pay his first visit as Ukrainian president to Russia, Russian Foreign
Minister Sergey Lavrov said today at a news conference in Moscow.
"Yushchenko has said on more than one occasion that he wants to visit Russia
first," Lavrov noted. "The Russian president will only be glad about this".
According to the minister, "relations between our countries are immeasurably
deeper than the situation that arose during the elections".
Russia and Ukraine "will continue to increase cooperation". "President Putin
has more than once stressed that the Russian Federation will respect the
choice of the Ukrainian people," Lavrov emphasized. "This applies in full
measure to Viktor Yushchenko".
Lavrov noted that "relations between Russia and Ukraine are determined
by people's lives". "We have no option but to increase collaboration," the
minister said. "It is hardly likely that any politician (in Ukraine) will
form relations with Russia other than in a neighbourly and friendly
fashion," he added. -30- [The Action Ukraine Report Monitoring Service]
==========================================================
11.UKRAINE'S EXEMPTION FROM JACKSON-VANIK PROVISIONS
TO BE BACKED BY BUSH ADMINISTRATION
ITAR-TASS, Moscow, Russia, Wed, January 19, 2005
WASHINGTON - The U.S. Administration will back the bill on Ukraine's
exemption from the provisions of the discriminatory Jackson-Vanik amendment.
Presidential National Security Adviser Condoleezza Rice, whom Bush had
nominated to the post of U.S. Secretary of State, declared this here during
the Tuesday Senate hearings. She said this would be done at some suitable
time.
The U.S. Congress approved the Jackson-Vanik amendment in 1974. It bans
America's normal commercial relations with countries, where freedom of
emigration is restricted.
Head of the Senate Committee on Foreign Relations Richard Lugar, who
chaired the hearings, had earlier tabled a similar motion to repeal this
discriminatory amendment in respect to Russia. However, no such bill was
approved so far.
Several lawmakers move to leave the amendment in force as an instrument to
pressure Russia in the event of some future disputes, including commercial.
As to Ukraine, calls to exempt it from the Jackson-Vanik provisions became
increasingly persistent after the presidential elections in that country.
This campaign is explained by the desire of Congress members to back Viktor
Yushchenko's government.
Rice also stated during the hearings that the United States was satisfied
with the developments in Ukraine, where the second round of the presidential
elections was recently re-voted. She said the U.S. Administration was
enthused by the refusal of the Ukrainian people to recognise the results of
the dishonest elections and by their urge for democracy. -30-
==========================================================
12. CURRENCY INFLOW IN UKRAINE ALMOST DOUBLES SINCE
START OF 2005 ACCORDING TO NATIONAL BANK
Interfax, Kyiv, Ukraine, Wednesday, January 19, 2005
KYIV - Since the beginning of 2005 the flow of currency into Ukraine has
almost doubled compared to the same time last year, according to Valeriy
Lytvytsky, adviser to the National Bank of Ukraine (NBU)'s governor.
Last year's currency inflow was $195 million, while the NBU has already
bought $499 million on interbank currency exchange, he told Interfax-Ukraine
on Tuesday. According to Lytvytsky, the currency inflow is the result of the
large positive balance of the current account, and of sales of currency late
last year.
NBU governor adviser also noted that the exchange rate dynamics in 2005
would depend on the budget balance and the state of the current account of
the balance of payments and the dynamics of economic growth. Lytvytsky did
not want to forecast the currency exchange rate, but noted that to resist
inflation it is appropriate to strengthen the hryvnia exchange rate when
there is significant oversupply of currency. -30-
==========================================================
13. UKRAINE PARLIAMENT REALIGNS AHEAD OF NEW
PRESIDENT'S ARRIVAL
UNIAN news agency, Kiev, in Ukrainian 20 Jan 05
BBC Monitoring Service,UK, in English, Thu, Jan 20, 2005
KIEV - The mass exodus of MPs from the old pro-government bloc continues
in Ukraine's parliament ahead of president-elect Viktor Yushchenko's
inauguration ceremony on 23 January. A new faction called Democratic Ukraine
has been set up in parliament, UNIAN news agency reported at 0820 gmt 20
Jan 05. The faction is led by Ihor Sharov, who headed the big pro-government
faction Working Ukraine before it disintegrated shortly after opposition
leader Yushchenko's election victory. Democratic Ukraine has 14 members, the
minimum required for a parliamentary faction.
Meanwhile, another two members, Stanislav Strebko and Yaroslav Sukhyy, have
left the united faction of Working Ukraine and another pro-government party,
the People's Democratic Party (PDP), bringing its numbers down to just 15,
UNIAN reported at 0824 gmt. Working Ukraine and PDP were forced to merge
last month to save themselves from dissolution after both factions shrunk to
below 14 members.
Another MP, Yuliya Chebotareva, has quit the Union faction, UNIAN said at
0830 gmt. Parliament has also voted to strip Yushchenko of his parliamentary
seat in connection with his now officially confirmed election as president,
the agency reported.
The past several weeks have seen a mass exodus of MPs from the factions that
formed the core of the old pro-government bloc, including Working Ukraine,
Regions of Ukraine, United Social Democratic Party (USDPU) and a host of
smaller groupings. Most of the defectors have either joined the faction of
the pro-Yushchenko People's Agrarian Party, led by speaker Volodymyr Lytvyn,
or remain unaffiliated.
Yushchenko, who is due to be sworn in on 23 January, is now widely thought
to control a comfortable majority of at least 250 MPs in the 450-seat
chamber. The factions that are expected to form the core of the
parliamentary opposition - defeated candidate Viktor Yanukovych's Regions
of Ukraine, the USDPU and the Communist Party - have 144 members.
The current make-up of parliament is now as follows:
Viktor Yushchenko's Our Ukraine faction - 100 members;
Communist Party - 59; Regions of Ukraine faction - 56;
People's Agrarian Party - 32;
United Social Democratic Party of Ukraine (USDPU) - 29;
United Ukraine - 21; Socialist Party - 20;
Yuliya Tymoshenko Bloc - 19; Union - 16;
Working Ukraine-People's Democratic Party - 15;
Centre - 14; Democratic Initiatives - 14;
Democratic Ukraine - 14; Unaffiliated - 40
==========================================================
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