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Action Ukraine Report
ACTION UKRAINE REPORT - AUR
An International Newsletter, The Latest, Up-To-Date
In-Depth Ukrainian News, Analysis and Commentary

Ukrainian History, Culture, Arts, Business, Religion,
Sports, Government, and Politics, in Ukraine and Around the World
VITAL, THRIVING, POLITICALLY SUCCESSFUL UKRAINE
"There has to be a vital, thriving, politically successful Ukraine for it to
be part of Europe and Europe has to adjust its own vision of the East to
realize that the frontiers of Europe do not end at the Buh River. The fact
is that Europe is a dynamic reality, but simultaneously a part of its own
history and culture, and Ukraine is a part of that history and that culture."
(Hon. Zbigniew Brzezinski, Article One)
ACTION UKRAINE REPORT - AUR - Number 885
Mr. E. Morgan Williams, Publisher and Editor, SigmaBleyzer
WASHINGTON, D.C., MONDAY, OCTOBER 29, 2007
ACTION: Send the AUR to your colleagues, associates, family and
friends around the world. You can be part of the program to inform
the world about Ukraine......its history......its people......its future!
INDEX OF ARTICLES ------
Clicking on the title of any article takes you directly to the article.
Return to Index by clicking on Return to Index at the end of each article
Keynote Presentation: By Hon. Zbigniew Brzezinski
Counselor and Trustee, Center for Strategic and International Studies (CSIS)
Former United States National Security Advisor
Transcription by Matthew Dubas, Correspondent, The Ukrainian
Weekly newspaper, UNA, Parsippany, New Jersey
Ukraine-EU Relations, Roundtable VIII; Ukraine's Quest for Mature
Nation Statehood; Ronald Reagan Building and International Trade Center
Washington, DC, Tuesday-Wednesday, October 16-17, 2007
2. PONDERING THE PLUSES AND MINUSES OF UKRAINE
MEMBERSHIP IN THE EUROPEAN UNION (EU) FOR UKRAINE

Address: By The Honorable Audrius Bruzga
Lithuanian Ambassador to the United States
Ukraine-EU Relations, Roundtable VIII; Ukraine's Quest for Mature
Nation Statehood; Ronald Reagan Building and International Trade Center
Washington, DC, Tuesday-Wednesday, October 16-17, 2007

3. UKRAINE: THE RULE OF LAW AND DEMOCRACY
Presentation: By Bohdan A. Futey, Judge
United States Court of Federal Claims in Washington, DC
Ukraine-EU Relations, Roundtable VIII; Ukraine's Quest for Mature
Nation Statehood; Ronald Reagan Building and International Trade Center
Washington, DC, Tuesday-Wednesday, October 16-17, 2007

4. DATE FOR UKRAINE'S ENTRY TO WORLD TRADE ORGANIZATION
(WTO) FORECAST TO BE MOVED BACK ONE YEAR TO FALL OF 2008
Ukrainian News Agency, Kyiv, Ukraine, Saturday, October 27, 2007

5. KYRGYZSTAN WANTS UKRAINE TO PAY DEBT BEFORE JOINING WTO
UNIAN news agency, Kiev, in Ukrainian 26 Oct 07
BBC Monitoring Service, UK, Friday, October 26, 2007

6. CABINET AGREES TO WTO PROTOCOL WITH KYRGYZSTAN
Ukrainian News Agency, Kyiv, Ukraine, October 27, 2007

7. KYRGYZSTAN ACCUSES UKRAINE OF USING "POLITICAL
PRESSURE" TO JOIN WTO
AKIpress news agency website, Bishkek, in Russian 27 Oct 07
BBC Monitoring Service, UK, Saturday, October 27, 2007

8. UKRAINE SUNFLOWER OIL PRODUCER TO LIST IN WARSAW
By Roman Olearchyk in Kiev and Jan Cienski in Warsaw
Financial Times, UK, Monday, October 29, 2007
9. VIKTOR PYZNZENYK LAYS OUT TYMOSHENKO'S ECONOMIC
AND BUSINESS DEVELOPMENT PLANS FOR UKRAINE
bne (Business New Europe) Berlin, Germany, Thu, Oct 25, 2007

10. DEMOCRACY AND GLOBAL WORLD CHALLENGES
Colin Powell lectures at Kyiv School of Economics
Kyiv School of Economics, Kyiv, Ukraine, Thu, October 24, 2007

11. AES KYIVOBLENERHO REELECTS STEVEN WALSH AS
SUPERVISORY BOARD CHAIRMAN

Ukrainian News Agency, Kyiv, Ukraine, Friday, October 26, 2007

12. UKRAINE: POROSHENKO - POSSIBLE HEAD OF NBU?
Ukrainian News Agency, Kyiv, Ukraine, Friday, October 26, 2007

13. YULIYA TYMOSHENKO BLOC AND OUR UKRAINE-PEOPLE'S
SELF-DEFENCE ANNOUNCE POLICY FOR THE ENERGY SECTOR

Kommersant-Ukraina, Kiev, in Russian 19 Oct 07
BBC Monitoring Service, UK, Friday, October 19, 2007

14. GAS, MILITARY CONSCRIPTION, MORE CONTROL AND
EFFORTS TO FIGHT XENOPHOBIA, HOVERLA VANDALISM
Ukrainian Security Roundup for October 2007
BBC Monitoring Service, UK, Friday, October 26, 2007

15. UKRAINE - INFLATION: NEW PRICES -- OLD SONGS
Commentary & Analysis: By Yuriy Skolotiany
Zerkalo Nedeli, Mirror Weekly # 38 (667)
Kyiv, Ukraine, Saturday, 13 - 19 October 2007

16. UKRAINE'S POST-ELECTION SCENARIOS
bne (Business New Europe), Berlin, German, Monday, Oct 22, 2007

17. UKRAINE - JULIA TYMOSHENKO: THE IRON PRINCESS
By Kataryna Wolczuk and Roman Wolczuk
The Independent, London, UK, Sunday, 28 October 2007
=========================================================
1
. HAS TO BE A VITAL, THRIVING, POLITICALLY SUCCESSFUL
UKRAINE FOR IT TO BE PART OF EUROPE AND EUROPE HAS
TO ADJUST ITS OWN VISION OF THE EAST
KEYNOTE PRESENTATION: By Hon. Zbigniew Brzezinski
Counselor and Trustee, Center for Strategic and International Studies (CSIS)
Former United States National Security Advisor
Transcription by Matthew Dubas, Correspondent, The Ukrainian
Weekly newspaper, UNA, Parsippany, New Jersey
Ukraine-EU Relations, Roundtable VIII; Ukraine's Quest for Mature
Nation Statehood; Ronald Reagan Building and International Trade Center
Washington, DC, Tuesday-Wednesday, October 16-17, 2007
Published by the Action Ukraine Report (AUR) #885, Article 1
Washington, D.C., Monday, October 29, 2007

THEME: Ukraine as a Constituent Part of European Political Culture
SUB THEME: Ukraine's Role as "Elder Brother"

[Thank you very much. Thank you very much, Herman (ed.- Herman
Pircher/President of the American Foreign Policy Council and Chair of the
Session) for reminding me about that speech. I have almost forgotten about
it. Indeed, it did transpire and your rendition of it is very accurate.]

I am grateful to speak before this audience once again and through this
audience also to the people of Ukraine. I want to begin by congratulating
the people of Ukraine on their political maturity. They've shown it once
again. They have shown that they have a political culture of which they have
reason to be proud.

A political culture which is part of the universal political culture of
democracy. That is to say, agreeing to disagree, debating fiercely, dividing
politically, all within a constitutional process that is enduring. That's a
significant accomplishment and I think the Ukrainian people have reason to
be proud of it.

In fact, Ukraine should not hesitate to say to its younger brother, Russia,
that it should learn Ukrainian political culture. I see some people smiling,
'younger brother?' Russia is the younger brother of Ukraine to anyone who
knows history. And politically, Ukraine has shown maturity and ability to
compromise of the kind that Russia has yet to demonstrate.

Look at the several presidential elections. Look at the several
parliamentary elections. There is one very simple test of democratic
electoral processes.

If you can't be sure who is going to win, and if your predictions often turn
out to be wrong, you know it's a democracy. I have no difficulty in
predicting Russian elections whatsoever. We know their outcome. And that
tells you something.

So the younger brother should learn from the older brother and I think we
should also learn because I remember when Ukraine came into being, the dire
predictions, the dire predictions about Ukraine. Ukraine will not endure.

I remember some very competent intelligence analysts telling us that Ukraine
will split into two, that the country is inherently unstable. That maybe,
maybe western Ukraine, Galicia, might end up independent, but the rest,
probably not.

Look at the last elections; there is an increasing cross-cutting pattern of
voting. Tymoshenko made significant successes in the east. Actually
Yanukovych even gained a few votes in the west, and the country is
increasing voting as a unit.

If you want another example, go back to the days - the brief days,
fortunately - of what might be called the mini crisis of Tusla, the little
island in the Sea of Azov, which by some peculiar logic, the Russian
Federation tried to draw into its own terrain by transforming it from an
island to a peninsula attached to the Russian Federation.

Do you remember how the Ukrainians reacted? All of them, all of them,
President Kuchma flew back from Brazil, and stood on the shores of
Tusla proclaiming fiercely, 'this is Ukrainian territory.' And look at the
resolution of the Rada. I believe the vote was close to unanimous, if not
unanimous, including the Communists. Voting fiercely that the territorial
integrity of Ukraine is untouchable.

So we know that Ukraine is a success as a nation state. Ukraine is here to
stay and there is no doubt about that. Ukraine is part of the European
scene, there's no doubt about that. Ukraine is part of the European
political culture.

It has demonstrated that. Ukraine is part of European culture, and anyone
who visits Kyiv, even briefly, sees countless evidences of that. And that is
an enduring reality, to which everyone has to adjust. And in adjusting, one
has to get rid of one's ignorance.

When Ukraine became independent, many people in this country weren't quite
sure what it is and where it is. It was even referred to as 'THE' Ukraine,
rather than as Ukraine. But that is now changing. But it is also important
that in Ukraine there be also change.

And I have something very specific in mind. Namely, a country, a nation is a
reality when it has a profound historical awareness of itself - historical
awareness of itself.

And that is important because a country without a memory is like a human
being without a brain, without a self-awareness. I was struck by that
several years ago when I was in Kyiv and I decided in the course of my visit
just to pay personal homage in the area of Bukivnia, which I'm sure most of
you know about.

When I spoke to a senior Ukrainian close associate of President Kuchma, he
did not know what Bukivnia was, he actually didn't know what it was. And I
suspect that a lot of other Ukrainians in recent past have had no awareness
of Bukivnia and it is important to know these things.

This is why the resolution in the Rada about genocide is historically and
politically important. It's a landmark. It reminds people of things that
have happened it reminds people of the importance of being independent and
in charge of your own country. And that is taking place in Ukraine.

And that is all to the good and is part and parcel of the much more complex
technical and financial issues that you have been discussing about Europe's,
or the European Union's, relationship with Ukraine.

There has to be a vital, thriving, politically successful Ukraine for it to
be part of Europe and Europe has to adjust its own vision of the East to
realize that the frontiers of Europe do not end at the Buh River. The fact
is that Europe is a dynamic reality, but simultaneously a part of its own
history and culture, and Ukraine is a part of that history and that culture.

After the recent elections, Ukraine has a chance again to demonstrate in
practice its political maturity and I think the people have demonstrated it
by their vote, not only by the specific character of the vote, which I
happen to applaud, because I believe the Orange Revolution actually put the
final stamp, the end to the issue of whether Ukraine is going to endure or
not.

That was several years ago, but it is also important to demonstrate
political leadership that it is mature. In response to the politically
mature people, and that means that the people must have a clear notion of
responsibility and accountability for political decisions and political
programs.

The whole notion of democracy is a notion of competition of programs and
a competition of leadership and then accountability and responsibility for
performance of leadership, and the latter cannot be fuzzed, the latter must
not be obscured.

The problem of responsibility and accountability must be sharply defined.
And this is why I think President Yushchenko has a real opportunity to put
in place a seriously working and effectively working system of
responsibility and accountability based essentially on two parties - a
majority formation and a minority formation.

The majority formation may be a two-party coalition, it can even be a
partial grand coalition if some members of the opposition want to be a part
of it, but it should not be a government which obscures accountability and
responsibility by fuzzing the division between the programs and the division
between the elites with alternative programs, because that absence creates
political cynicism and creates the impression of 'we the nation' and 'they
the elite' and reinforces the belief that the elite is corrupt and makes
amongst itself and is never accountable to the people.

The alternatives that are involved in this cycle of leadership and
governorship is an important aspect of democracy and president Yushchenko
now has the opportunity to institutionalize that, either through a two-party
coalition or a two-party plus coalition, maybe even in a very vague sense, a
partial grand coalition, but certainly not a complete grand coalition in
which fuzzes accountability and responsibility.

Prime Minister Tymoshenko has now an opportunity to show that she is a
genuine national leader, and she has gotten a big boost through the
elections in that affirmation. But she also has the opportunity to govern in
a manner that demonstrates that she is not only an electoral populist, but a
responsible national leader, who can formulate policies for the long-run,
without passion but with commitment.

With firmness, but without vengeance, in a manner that gains her support and
enduring respect. She has show enormous political talent and is obviously a
rising star in the Ukrainian political firmament. And now she has an
opportunity to translate these talents into enduring leadership.

Former Prime Minister Yanukovych also has an opportunity to show himself
to be a responsible opposition leader. Not the preferred choice of a major
neighboring country, but a genuine Ukrainian national leader who partakes of
the general thrust of Ukraine into Europe.

And he has said that during his recent service as prime minister, but the
taste in the pudding is in the eating and one has to demonstrate that
commitment, not only verbally when in office, but in practice when the
opposition leader and facilitate those steps as a leader to make Ukraine a
possible participant in the larger European adventure.

So in different way, each of the three political leaders of Ukraine has now
a historical chance, a historical opportunity to prove to everyone that
Ukraine is not only a national success, but that it is a country that is
closing the inevitable gap between itself and what is west of it.

That gap is not the fault of the Ukrainians. It is a consequence of the
absence of freedom, of the absence of independence, of the presence of
communism for so many decades and of subjugation with a large imperial
system for centuries.

If you consider all of these causes for the gap, you have to be impressed
how narrow the gap today is. And how close is the day when Ukraine is
going to be a full-scale participant in the European adventure.

One can talk endlessly about the problems to be resolved, the criteria to be
met, the standards to be satisfied, the shortcomings to be overcome, but the
fact is that the momentum is in that direction. And Europe is also changing
its view of Ukraine.

The ignorance that I sensed in this country about Ukraine 15 years ago was
equally widespread in Europe, maybe not as widespread but close to it.

Today that's dramatically changing and the picture of Ukraine as a normal
European country is gradually becoming the predominant one. And in that
there is not only a hopeful perspective for Ukraine, there is a longer range
and further hopeful perspective.

I am deeply convinced, truly convinced, strategically convinced, that as
Ukraine moves toward Europe, the imperial option for Russia closes forever
and Russia then only has one option - to follow suit in the lead of its
older brother.

And that is a very hopeful and serious prospect, because eventually Russia
has no choice if you look at the vast space of Russia and its demographic
crises, the rising power of its eastern neighbors. If Russia doesn't move
toward Europe, a different promise will be fulfilled.

A promise which was once made allegorically, but which has an ominous
geographical definition to it. 'Europe to the Urals'; remember General De
Gaulle when he talked about Europe to the Urals.

He wasn't suggesting that Russia be partitioned, he actually meant Russia in
Europe. Russia in Europe to Vladivostok may be an attractive option for
Russia, but if they fail to exercise it, they face an ominous uncertainty in
the future.

So Ukraine, in a way, offers not only a lesson, but a hopeful avenue for
Russia, and an avenue that all of us in the West should hope that Russia
will pursue. Because it would be in the interest of the larger West if
Russia, in time, became more closely and more genuinely associated with
the West.

Ukraine poses a truly momentous geopolitical challenge to all of us, but I
think it is a challenge that today, shortly after the Ukrainian elections
and in part particularly because of the outcome of the elections, we can
view with increasing optimism. Thank you.
-------------------------------------------------------------------------------------------
FOOTNOTE: The entire Brzezinski session [keynote and Q & A] is
available in video/audio format on the website of the Center for U.S.-
Ukrainian Relations, Walter A. Zaryckyj, Executive Director, NY,
NY at http://www.usukrainianrelations.org.
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========================================================
2. PONDERING THE PLUSES AND MINUSES OF UKRAINE
MEMBERSHIP IN THE EUROPEAN UNION (EU) FOR UKRAINE

ADDRESS: By The Honorable Audrius Bruzga
Lithuanian Ambassador to the United States
Ukraine-EU Relations, Roundtable VIII; Ukraine's Quest for Mature
Nation Statehood; Ronald Reagan Building and International Trade Center
Washington, DC, Tuesday-Wednesday, October 16-17, 2007
Published by the Action Ukraine Report (AUR) #885, Article 2
Washington, D.C., Monday, October 29, 2007

Mr. Chairman,
To begin with, may I thank the Center for US- Ukrainian Relations for the
kind invitation to address this Forum. You have put together an impressive
programme with dozens of outstanding speakers and offered a variety of
angles to look at Ukraine.

No wonder. Ukraine deserves it. It is a fascinating country going right now
through a difficult transition. It needs encouragement and support. It needs
attention and focus.

My advice to fellow Ukrainians at this stage is this: enjoy this attention
while it lasts. When you become - mind, not if, but when - members of the
European Union, you will become a stable, prosperous and boring country.
No longer in the spotlight.

That I can tell from our own experience: when Lithuania was singing its way
through the revolution in 1990s, we were much talked about. Nowadays, the
best you can do to get into the picture at all is to get into the European
Union Family Photo twice a year.

Anyway, most of what I am going to say is based on my country's fresh
experience as a new member of the EU. In many ways it should be relevant
also for Ukraine.
EU MEMBERSHIP MYTHS
As a kick-off, let me mention a few most widely held preconceptions which
were used by the anti-EU lobby to scare the people off from joining the EU.
All of them proved to be false:

[1] National economy will succumb before the EU competition pressures.
It did not. Actually, it is undergoing a sustainable growth and a steady
rise in exports inside the EU.
[2] People will flee the country in the pursuit of better employment and
living conditions. It did happen to a certain extent, but fears were far
greater.
[3] The reverse process - Europeans coming en masse and buying-out all
of our beautiful land and immovable property - turned out to be absolute
nonsense.
[4] Smaller nations will lose their national identity inside this melting
pot of the European Union - quite the opposite. There is a growing need
now to show and celebrate our cultural diversity. If anything, Europeans are
becoming more like Americans through the advancement of American pop
culture.
[5] National sovereignty will be lost for ever in exchange for the hostile
and clumsy Brussels bureaucracy. Not that anybody noticed a difference.

What is actually happening now is that the people in Lithuania are making
the best of the rewards and benefits which came with the EU membership:
robust economic growth, unrestricted access to the single European market,
enhanced voice in foreign policy matters, political stability and last, but
not least, financial assistance in the form of structural funds and direct
payments to the farmers.

Having said that I think it is appropriate to say, that public expectations
of EU membership rewards in the case of Ukraine, when it comes to this, will
probably look less tangible then they are today. Structural funds will have
dried out, Common agricultural policy will be up for revision, and the new
financial perspective will set forth new priorities, unknown as yet.

In any case, EU membership for Ukraine is far more important than this.
Let me mention at least a few points,why'.
STRATEGIC SHIFT TOWARDS THE WEST. Ukraine for far too long
has been, sitting on the fence', trying to balance between Russia and EU.
Accession to the EU would remove this ambiguity.

The newly acquired sense of purpose and direction will ease and ,grease'
transition to an open society and free market. It will be so much easier to
get over with the post-soviet legacy than it is now.

CONDITIONALITY. The EU uses carrots instead of sticks in achieving its
objectives. Applicant countries have to implement reforms and introduce
them into their national legal systems and do that in a timely and orderly
manner.

Conditionality or benchmarking proved to be a good vehicle to push
applicants up the ladder. There is nothing humiliating in it. This is a good
way to ensure steady progress. We know very well how powerful the forces
of resistance and inertia could be.

I can tell you, that those areas in Lithuanian economy, which were not
regulated by the acquis communitaire, like Health Care and Education where
left un-reformed or poorly reformed and they continue to struggle now,
because the urge to change has lost a momentum.

For Ukraine, as any other aspirant country, guided pre-accession reforms
are needed on their own merits. It is a win-win situation.
ENERGY
EU membership will call for transparency in the energy business. Adjustment
to World energy prices will be the result of it. Negotiated lower energy
prices are only a matter of time and transition.

Higher prices will stimulate more efficient consumption and will speed up
introduction of modern technologies and renewable sources of energy.
Diversification of energy supplies, alternative pipelines will introduce
competition and hopefully they will reduce tensions and anxiety.

One such alternative route, Nabuco gas pipeline has been talked about
extensively. It has also been supported by the European Union. Yet another
one, the Odesa-Brody-Plock-Gdansk pipeline to transport crude oil across
the Ukraine, gained prominence just recently.

The political agreement among the contracting parties, including Azerbaijan,
Georgia, Lithuania, Poland and Ukraine to build one was reached and signed
last week in Vilnius. If completed Ukraine would get one more outlet to
Europe, one more instrument in her tool-box.

My expectations are that by the time Ukraine qualifies for membership,
European Union would have worked out a common and coherent Energy
Policy and sticks to it.

Common policy should be based on the principles, mentioned earlier, i.e.,
transparency, efficiency, diversification but most importantly - solidarity.
Solidarity among EU members is precious. I think it will also be close to
Ukraine once it is in the Club.

THE COMMON FOREIGN AND SECURITY POLICY (CFSP) is one
area where Ukraine can perform especially well and can benefit from it.
Already now Ukraine is active.

In the framework of CFSP she can participate with troops and offer a
significant input to the EU peacekeeping operations, the much needed airlift
and contribute in other ways, thus raising her profile and prestige.

Closer to Ukraine's borders, there is the Transnistria conflict to be
resolved. Not long ago President Yushchenko came with a settlement plan and
later called for the EU Border Assistance Mission (BAM) to be deployed in
the area. I believe Ukraine together with the EU, USA and the parties in
dispute has an excellent chance to offer a timely resolution to the
conflict.

EUROPEAN NEIGHBORHOOD POLICY (ENP). We in Lithuania know
that Ukraine might feel disappointed, perhaps frustrated with the ENP status.
It may not reflect the measure of ambition of our Ukrainian friends, it might,
however, be a valuable instrument in the pursuit of the ultimate EU
membership.

Have faith in this policy. It will inevitably bring you closer to the EU
through the advancement of such important and very practical tools as free
trade or visa facilitation.

The new Enhanced Cooperation agreement between EU and Ukraine once
negotiated and signed, will be yet another significant step, some say, a
leap, towards greater economic integration and compatibility.

You may also look at it, as some sort of pre-accession strategy. We've been
through that, we know it's painful, it takes time, but in the end it
delivers. We Lithuanians will continue to stand by and support in every way
we can.
EU- UKRAINE ACTION PLAN
Lithuania has a standing agreement with Ukraine to cooperate in implementing
EU-Ukraine Action Plan. Common projects on Public Tender, Social Security
and Labor, Customs, Sanitary have been drawn to assist our Ukrainian
colleagues to upgrade their public services. Respective Ministries of
Justice and Agriculture, Tax Inspectorates and Insurance Supervision Boards
are working out similar cooperation patterns.

Ukraine has a lot of homework to do. For its own sake. After it is done
future challenges will not be insurmountable. Thank you.
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========================================================
3. UKRAINE: THE RULE OF LAW AND DEMOCRACY

PRESENTATION: By Bohdan A. Futey, Judge
United States Court of Federal Claims in Washington, DC
Ukraine-EU Relations, Roundtable VIII; Ukraine's Quest for Mature
Nation Statehood; Ronald Reagan Building and International Trade Center
Washington, DC, Tuesday-Wednesday, October 16-17, 2007
Published by the Action Ukraine Report (AUR) #885, Article 3
Washington, D.C., Monday, October 29, 2007

I appreciate the honor to speak at this important conference, especially at
this time in Ukraine's history in its quest to establish democracy and the
Rule of Law.

The title of today's program is "Has Ukraine Met the 'Political Requirements'
for EU Membership?" As a federal judge, I will not comment on the political
requirements; rather, I will address the Rule of Law requirements.

The Rule of Law is the lynchpin to promote democracy throughout the world,
and democracy, in turn, will provide a better and more prosperous economic
life. There are many characteristics of the Rule of Law. Let me just mention
what I consider to be essential in the context of our discussion.
I. THE SUPREMACY OF LAW, which means that all persons
(individuals and government officials) are subject to the law. No person is
above the law, regardless of his or her status.

I want to underscore that corruption remains a problem in Ukraine. In
addition, it at least appears that those in power who hold onto their
influence through corrupt means prefer the status quo. The immunity from
prosecution that members of parliament currently enjoy is an example.

The President has introduced a proposal to eliminate this immunity; this is
an important step in eradicating corruption, and should be positively
considered and adopted.
II. THE IMPORTANCE OF PRESERVATION OF INDIVIDUAL
LIBERTIES:
free speech, peaceful assembly, freedom of press, among
other things. Freedom of press and speech, in particular, were integral to
insuring the transparency of the election process.
In the September 30, 2007 parliamentary election there was open political
debate preceding the election, the political parties were allowed equal access
to the national media, and were afforded the opportunity to inform the
Ukrainian people of their platforms and plans.[1]
III. FREE AND FAIR ELECTIONS
The 2007 election demonstrates the realization of truly democratic elections
in Ukraine: the election was conducted in a free and fair manner, consistent
with Rule of Law standards and European Union requirements.

Representatives of the political parties participated as election
commissioners and were able to monitor the elections themselves. Perhaps
most importantly, the elections were peaceful and free from the election
fraud which tainted elections in 2002 and 2004. [2]

Ukraine's achievements have not gone unnoticed by the international
community. By the account of the international observers: the Organization
for Security and Cooperation in Europe ("OSCE"), the International
Republican Institute ("IRI"), and the National Democratic Institute ("NDI"),
the election was free, transparent and democratic.

The Council of Europe has declared the 2007 election to be "free and fair,"
[3] and the United States Congress has introduced a resolution "
[c]congratulating the Ukrainian people for the holding of free, fair, open
and transparent parliamentary elections on September 30, 2007, in a peaceful
manner consistent with Ukraine's democratic values and national interest, in
keeping with its commitments as a participating State of the Organization
for Security and Cooperation in Europe." [4]

Notwithstanding the free and fair election, improvement is still needed.
For example, the voter lists remain problematic, as do the practices of home
voting and individuals returning from abroad to vote. Moreover, the
democratic election has not, in my opinion, solved the legal chaos and
constitutional crisis in Ukraine.

The small margin of votes between candidates may not guarantee a smooth
political transition, and significant problems in the area of judicial
independence persist.
IV. AN INDEPENDENT JUDICIARY
As there cannot be a market economy without private ownership of property,
there cannot be respect for the Rule of Law unless there is an independent
judiciary. President Yushchenko has recognized this and promoted judicial
reform since he first assumed office in 2005.

In his inaugural address, President Yushchenko explained that while Ukraine
has been independent since 1991, it has only now become free. He
underscored that an independent judiciary is vital to establishing a civil
society based on the Rule of Law.

President Yushchenko emphasized that an independent judiciary was an
integral part of his pledge to protect individual rights and fight
corruption.

On the one year anniversary of his inauguration in 2006, President
Yushchenko reiterated his commitment to an independent judiciary, announcing
to the nation that 2006 would be year of reform and that the judicial system
would be a key element of change.

On March 22, 2006, just days before the parliamentary elections, the
National Committee to Strengthen Democracy and the Rule of Law in Ukraine
adopted a new Concept Paper for the judiciary in Ukraine.

President Yushchenko, however, has been unable to pursue any of his ideas
for reforming the judiciary or implement any of the suggestions contained in
the Concept paper because since the political reform took effect almost two
years ago, he has had to deal with one political or legal crisis after
another.

Following the March 2006 parliamentary elections, it at least appeared
possible that the various factions could work together to pursue certain
goals that were generally in the national interest. This quickly started to
unravel, however, because with every step forward, there seemed to be two
steps back.

From a legal standpoint, this was particularly obvious because immediately
after finally electing its justices and swearing in the President's and
Council of Judges' nominees, Parliament passed a bill prohibiting the
Constitutional Court from deciding on the amendments to the constitution
passed as part of the political reform. President Yushchenko, for one
reason or another, signed the bill into law the same day.

Although the law is currently "preventing" the judges of the Constitutional
Court from considering the political reform, this is not the only barrier to
the Constitutional Court playing its proper role in the current
constitutional crisis.

Instead of deciding on the issues, the judges seem to be avoiding taking
action right now and are waiting for the political situation to clear up
before making any moves.
ACTIONS MARGINALIZE THE ROLE OF JUDICIARY
This is an enormous mistake on their part because it marginalizes the role
of the entire judiciary in Ukraine, where the Rule of Law and democracy are
just barely holding on at this point. Judicial independence is desperately
needed right now, and the judges must start performing their jobs.

Judicial independence does not mean the judges do as they choose, of course,
but do as they must in accordance with the constitution and laws of the
country. This will all depend largely on the conscience and courage of the
judges themselves.

Currently, the public has a low opinion of the Ukrainian courts. What
credibility the courts gained as a result of Yushchenko v. CEC in 2004, has
disappeared and there has been a steady erosion of the judiciary's
authority. At this point, any decision made by the Constitutional Court
will not be respected. Many feel that judges cannot be trusted.

For example, judges accused of improprieties continue to hear cases because
there is no mechanism for them to step down or be suspended from their
duties.

Judges need to be free from suspicions of corruption in order to maintain
public confidence, therefore, a procedure should be put in place for judges
to cease hearing cases if they are under investigation. Additionally,
judges should first resign before running for office on political party
lists.

At the very least, a judge's inclusion on a party list gives the appearance
of impropriety, at the worst, political activism will effect a judge's
impartiality and decision-making ability. All of this is only exacerbated
by the fact that no one in the government is respecting the judiciary.

This, however, is a symptom of the fact that the judiciary is not stepping
forward in this time of crisis. Judges will not be respected until they
respect themselves.
There are two aspects in which judges must be independent.
[1] First, they must be honest-brokers, in that they are independent from
and neutral among the parties that appear before them.

Judges must decide matters before them impartially, on the basis of the
facts and the law, without any restrictions, improper influences,
inducements, or threats, direct or indirect, from any party or institution
for any reason.

A judge's moral commitment to this form of independence eliminates
favoritism and corruption from the nation's judicial system. If judges fail
in this duty the public will lose confidence in the basic equity of its
society, generating cynicism, anger and instability.

[2] Second, the judiciary - and each individual judge - must act as co-equal
with and independent of the other branches of government. Judges are
independent in this sense if they are not beholden to any other branch of
government or political party.

It is vital that courts have jurisdiction and the power to restrain the
legislature or executive by declaring laws and official acts
unconstitutional when they abridge the rights of citizens.

Further, for judicial independence to have practical effect, the court's
interpretation must be accepted and enforced by the legislative and
executive branches of government.
UNCONSTITUTIONAL CONTROL BY RADA
The Verkhovna Rada, however, has, in my view, exerted unconstitutional
control over the Constitutional Court.

It has prevented the Court from operating for ten months by failing to
swear-in judges selected by the President and the Council of Judges, and by
failing to elect its own share of judges to the Constitutional Court. This
oversight authority allowed the Parliament is a clear violation of the
separation of powers.

Ukraine's constitution adopts the principle of separation of powers in
Article 6 and establishes legislative, executive and judicial branches. [5]
In order to avoid subordination of the separate branches, the Ukrainian
constitution provided each branch with a range of checks and balances over
the other branches.

To properly effectuate the principle of separation of powers, however, the
constitution requires that the branches of government not only be separate
but also, in my view, coequal. This proposition presupposes that one branch
of government does not exert undue influence over the other and does not
attempt to "oversee" the actions of the other.

While to some, "oversight" of the judiciary could appear to be a viable
solution to the perceived problem of judicial shortcomings, in practice it
contravenes the Rule of Law and undermines judicial independence.

In addition, the judiciary needs to have its own constituency, primarily the
legal profession and strong bar associations. These will be responsible to
expose unethical practices of the judges, and/or coercive tactics upon
judges and enlist the press on their side.

In the United States, the major defenders or critics of the judiciary are
members of the legal profession themselves (ABA), law school professors,
as well as the media.

It would be refreshing and welcome news if professors of law schools in
Ukraine would start to speak out, as well as the association of lawyers,
jurists, the Ukrainian Bar Association, and hopefully the World Congress of
Ukrainian Jurists.

The ABA-CEELI evaluated the Ukrainian judiciary and issued a report
finding that it did not meet the standards necessary for a democratic nation
following the rule of law.

This report, the Judicial Reform Index for Ukraine, assesses how the
conditions related to judicial reform and judicial independence in Ukraine
correlate with fundamental international standards in this area.

The judiciary is analyzed through a prism of 30 factors covering areas such
as judicial qualification and education, judicial powers, financial
resources, structural safeguards, accountability and transparency, and
efficiency of the judicial system. Unfortunately, the results illustrate
that Ukraine scored positively on only four of these factors.

On the other hand, 15 factors received a negative correlation, including
most factors related to lack of independence in the judicial decision-making
and external interference in other aspects of the work of the judiciary,
dire financial conditions of the courts, and lack of transparency of court
proceedings and documents.

In a Rule of Law Project poll, both Ukraine's judges and journalists concur
with these findings and believe that the judiciary should be reformed. For
example 84% of journalists surveyed and 77% of judges believe that reform
should be a top priority.[6]
WILL DEMOCRACY SURVIVE IN UKRAINE?
he question remains whether democracy will survive in Ukraine. Ideally,
the Constitutional Court would perform its duties faithfully and without
outside influence, solve the constitutional and legal crisis, and the other
branches of the government would respect and adhere to any decisions
of the Constitutional Court.

We are far from an ideal situation, however, and although I have hope that
the Rule of Law will persevere in Ukraine, it at least appears that the
leadership on all sides has attempted to exert political pressure on the
judiciary [7] that may threaten the country's democratic future. [8]
Furthermore, the current political crisis has ruined many of Ukraine's
governmental institutions, including the Constitutional Court.

Unfortunately, I have to concur with the many critics that have stated that
the Constitutional Court has been discredited and that the legal and
constitutional systems are being destroyed. [9]

At this point, I cannot honestly and truthfully say that any decision by the
Constitutional Court pertaining to the current political and legal crisis
will be reasonable and objective. Major changes will need to be made,
therefore, in order for the crisis to be resolved and for democracy to take
hold in Ukraine.
NEED TO CLARIFY AND STRENGTHEN CONSTITUTION
Finally, it is apparent that something needs to be done to clarify and
strengthen the constitution. The primary source of constitutional crisis in
Ukraine is, of course, the political reform. The problems began following
the fraudulent presidential run-off election in 2004, which sparked the
Orange Revolution.

At that time, the Verkhovna Rada passed several amendments to the
Constitution on December 8, 2004 known as the political reform, which became
effective January 1, 2006. Although the political reform resolved the 2004
presidential election crisis, it was hastily adopted and not thoroughly
thought out.

In addition, because the reform was passed as a package, the Rada deputies
were either unable or unwilling to examine the effect individual provisions
would have on the operation of the government.

This was all evidenced by the considerable confusion surrounding the
formation of the majority coalition and new government following the March
2006 parliamentary election. In addition, the President's decree dissolving
Parliament on April 2, 2007 brought Ukraine to an even deeper constitutional
crisis.

The status of the political reform still remains in question. In a decision
handed down by the Constitutional Court on October 5, 2005, just prior to
the expiration of the nine year term for most of the Judges, the majority of
the Court stated that any change in the political system of Ukraine should
be submitted to and approved by a national referendum. [10] No such
referendum was ever put forward.

Many critics of the reform, including myself, [11] believe that the
political reform is a change in the political system because it converts
Ukraine from a Presidential system to a Parliamentary system and is,
therefore, unconstitutional unless submitted to a national referendum,
regardless of any other irregularities.

[1] One option is for the Constitutional Court to consider the political
reform and decide which amendments are constitutional and which need to
be changed, or even strike the entire political reform. As I said earlier,
however, this seems unlikely because the Constitutional Court is unwilling
or unable to proceed because of the political climate.

Moreover, any adoption of a new constitution or constitutional amendments
by national referendum would be unconstitutional under the current
constitution.

[2] Another option would be for the President and Parliament to agree to
eliminate the political reform, return to the original constitution, and
work together to amend the constitution properly. The final option is to
start from scratch and completely re-write the constitution.

The second option is the most desirable because the constitution, as it was
originally adopted, was widely praised for its protections of human rights,
including commendations from the Council of Europe and the Venice
Commission. It seems to me that the fault of the original constitution lay
more with the lack of implementation of its provisions and not with the
concepts expressed in the text itself.

Although the legal situation in Ukraine is chaotic right now, so long as
Ukraine's leaders remain at the negotiating table, the reforms can continue
and democracy can take hold. Ukraine has had success when its leaders
decide to negotiate through a crisis rather than give up or resort to
violence.

For example, in 1995, despite an acrimonious dispute between then-President
Kuchma and the Verkhovna Rada, an agreement delineating the executive and
legislative branches' powers and principles for self-government was reached.
Unlike many other former Soviet countries, a dispute was resolved
diplomatically instead of by violence.

As a result of this compromise, Ukraine was able to adopt a constitution a
year later, taking yet another step toward joining the community of
democratic nations that place the Rule of Law and a free market economic
system among its highest values.

Ukraine was able to resolve a crisis through compromise and agreement in
2004 as well. Following the November 21, 2004 run-off in the presidential
election and the ensuing litigation, with the Orange Revolution gaining
momentum, tensions between the Parliament, the Prime Minister, the outgoing
President, and the opposition were running high. The use of force appeared
almost inevitable.

As was the case so many times before, however, the Ukrainian politicians,
with the help of a number of foreign leaders, sat together at the
negotiating table instead of taking up arms.

The parties agreed to a simultaneous vote in the Verkhovna Rada on a
constitutional amendment that transferred some of the powers of the
President to the parliament and a bill amending the law on presidential
elections. The Verkhovna Rada passed both on December 8, 2004. In
addition, the political leaders agreed to hold early elections in 2007.

The transition from a command system to a system based on the Rule of Law
is not easy, but I am an optimist and believe that Ukraine can move forward
and become a democratic state in accordance with European standards and
requirements.

Let us hope that democracy in Ukraine will not rest on handshakes and
political agreements among politicians, but on building of solid and strong
institutions, a must for a civil society.
-----------------------------------------------------------------------------------------------
NOTE: Bohdan A. Futey is a Judge on the United States Court of Federal
Claims in Washington, DC, appointed by President Ronald Reagan in May
1987. Judge Futey has been active in various Rule of Law and Democratization
Programs in Ukraine since 1991. He served as an advisor to the Working
Group on Ukraine's Constitution, adopted June 28, 1996.
-------------------------------------------------------------------------------------------------
FOOTNOTES:
[1] See Yuras Karmanau, Ukraine's Pro-West Allies in Talks, Boston Globe,
Oct. 4, 2007.
[2] See Orange Revolution Back on Track After Ukraine Election, Eurasia
Daily Monitor, Oct. 5, 2007, Vol. 4, Issue 185.
[3] Karmanau, Ukraine's Pro-West Allies in Talks, Boston Globe, Oct. 4,
2007; Orange Revolution Back on Track After Ukraine Election, Eurasia Daily
Monitor, Oct. 5, 2007, Vol. 4, Issue 185.
[4] H.R. Res. 713, 110th Cong. (2007).
[5] Ukr. Const. chap. I, art. 6 ("State power in Ukraine is exercised on the
principles of its division into legislative, executive and judicial
power.").
[6] See Kyiv International Institute of Sociology, The Baseline Survey of
Ukraine Rule of Law Project, March 2007; USAID Ukraine Rule of Law
Project, 'Judicial Reform and Journalism' Presentation of the Result of the
Sociological Survey of Journalists; March 2007.
[7] Members of the Rada have made threats against judges of Pechersk
Regional Court that they will be dismissed for declaring that the attempt to
bring back the old CEC membership was illegal. In addition, on May 8, 2007,
some Rada deputies introduced a bill attempting to dismiss five judges of
the Constitutional Court.
[8] On April 10, 2007, Justice Petro Stesyuk stated during a press
conference that five members of the Constitutional Court feel that they are
under political pressure to resolve this case without procedural safeguards
and that they "threaten to affect an independent conduct by the Court of its
constitutional duties, democracy in Ukraine and constitutional rights and
freedoms of citizens." Open Letter from Justices Lilak, Kampo, Stetsyuk,
Shyshkin, and Machuzhak to the Ukrainian people, President of Ukraine, Rada
deputies, and Judges of Ukraine, April 10, 2007. On May 10, Chief Judge
Dombrovsky, made another statement condemning the dismissal of the Judges
by Yushchenko and expressing that various persons are trying to influence the
judges. It is, therefore, questionable whether the Constitutional Court
will be able to act at all. The Constitutional Court may also choose not to
decide on this case if it finds that the effectiveness of the decree is a
political question. See Baker v. Carr, 369 U.S. 186 (1962).
[9] See Volodomyr Fecenko, Interview with BBC, May 17, 2007; Havrysh
Considers Court Unconstitutional, Ukrayinska Pravda, May 15, 2007.
Furthermore, Mykola Onishchuk, the head of the Ukrainian Lawyer's Union
stated that the Constitutional Court must be dismissed. See Ukrayinska
Pravda, May 17, 2008.
[10] People's Authority to Amend Constitution, decision by the
Constitutional Court, October 5, 2005.
[11] Bohdan A. Futey, "Crisis in the Constitutional Court of Ukraine: A
Court Without Judges?" August 18, 2005.
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========================================================
4. DATE FOR UKRAINE'S ENTRY TO WORLD TRADE ORG
FORECAST TO BE MOVED BACK ONE YEAR TO FALL OF 2008

Ukrainian News Agency, Kyiv, Ukraine, Saturday, October 27, 2007

KYIV - Ukraine's representative in the headquarters of the World Trade
Organization in Geneva (Switzerland) Volodymyr Baluta forecasts Ukraine
will enter the organization in fall 2008.

This reads the message from the department of communications of the
government and society under Secretariat of the Cabinet of Ministers, posted
in the official web site of the government.

The message reads that Ukraine has achieved approval of the concluding
report by the working group on compliance of the Ukrainian legislation with
the norms and standards of the organization.

The government expects that in late November the official meeting of the
Ukraine-WTO working group will approve the report on Ukraine's entry in the
organization and sent to the secretariat of the WTO.

According to Baluta's outlook, general meeting of the working group on
Ukraine's entry into the WTO is expected in February 2008 and then special
annex to the report will be drafted. The annex will include obligations on
commodity tariffs, details of market access and limit of budget-based
support for rural areas.

If Ukraine agrees with WTO on this annex within March, in two months all
tariff obligations will be verified. Final draft report on Ukraine's entry
into the organization, according to Baluta, will be ready by April.

A month more is needed to examine the concluding report and two weeks to
prepare for the WTO's General council meeting.

"In June 2008, Ukraine will be able to complete all preparations. And if in
early fall the council ratifies the agreement on Ukraine's joining to the
World Trade Organization, Ukraine will become its member in 30 days,"
follows from the message.

As Ukrainian News reported, the Cabinet has agreed WTO protocol with
Kyrgyzstan, which is the last country Ukraine had to agree with.

At the end of a meeting of the working group on admission of Ukraine into
the World Trade Organization in Geneva (Switzerland) on July 23, the working
group recommended that the Cabinet of Ministers conclude its negotiations
with Kyrgyzstan to allow completion of the preparation of the necessary
admission documents. Earlier Ukraine expected to enter WTO by 2008.
------------------------------------------------------------------------------------------------
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========================================================
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========================================================
5. KYRGYZSTAN WANTS UKRAINE TO PAY DEBT BEFORE JOINING WTO

UNIAN news agency, Kiev, in Ukrainian 26 Oct 07
BBC Monitoring Service, UK, Friday, October 26, 2007

Kyrgyzstan's position at the negotiations in Geneva on Ukraine's joining the
WTO remains unchanged, Ambassador Extraordinary and Plenipotentiary of
Kyrgyzstan in Ukraine Erkin Mamkulov said in an exclusive interview with the
Ukrainian news agency UNIAN on 26 October.

Mamkulov viewed as untrue a report saying that the Kyrgyz delegation had
admitted that its claims against Ukraine were groundless. The report was
published in the Ukrainian newspaper Kommersant Ukraina, the agency said.

Kyrgyzstan insists that Ukraine should hold negotiations on joining the WTO
both in Geneva and with Kyrgyzstan, the ambassador said. The amount of the
debt is more than 27m dollars, UNIAN said, quoting Mamkulov.

The ambassador said that Ukraine and Kyrgyzstan should hold talks on a
bilateral basis, UNIAN said. He had in mind a statement by Ukrainian
Economics Minister Anatoliy Kinakh, who said that Ukraine hoped to find a
positive decision with Kyrgyzstan with the help of the WTO, the agency
added.
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========================================================
6. CABINET AGREES TO WTO PROTOCOL WITH KYRGYZSTAN

Ukrainian News Agency, Kyiv, Ukraine, October 27, 2007

KYIV - The Cabinet of Ministers of Ukraine says it has arranged with
Kyrgyzstan the signing of the agreement on mutual access to the market of
goods and services as required for Ukraine's entry into the World Trade
Organization.

This reads the message from the department of communications of the
government and society under Secretariat of the Cabinet of Ministers, posted
in the official web site of the government.

According to the statement, at the unofficial meeting of the working group
on entry into the WTO, held on October 25 in Geneva (Switzerland), Ukrainian
delegation, led by deputy economy minister Valerii Piatnytskyi, managed to
convince Kyrgyzstan that demand to settle soviet debt through allocation of
USD 27 million of technical support is ungrounded.

Kyrgyzstan also demanded that Ukraine did not prolong anti-dumping duty
on electric bulbs which is in effect till January 1, 2008.

"Kyrgyzstan admitted its demands to Ukraine are ungrounded and instead
offered to zero import duty on agricultural products, offered within signing
of the bilateral protocol on access to the market of goods and services,"
the message reads. Ukraine assured it will preserve zero regime of mutual
trade with Kyrgyzstan.

The statement reads that now there are only three of 20 disputed provisions,
which will be discussed within a month. "In late November at the official
meeting of the working group, Ukraine will be able to approve the report and
sent it to the secretariat of the WTO," the statement reads.

At the same time, experts point to political crisis in Kyrgyzstan, which may
delay signing of the agreement. According to Piatnytskyi, if Kyrgyzstan
refuses to sign the agreement, Ukraine might be accepted in the organization
without this protocol.

As Ukrainian News earlier reported, Kyrgyzstan is the last state, with which
Ukraine should sign the protocol needed for entry into the WTO. The
Ukrainian government insists that the debt owed to Kyrgyzstan is a corporate
debt rather than the governmental.

Economics Minister Anatolii Kinakh hoped that negotiations with Kyrgyzstan
would be completed and a protocol on mutual access to markets of goods and
services would be concluded before 2008.

At the end of a meeting of the working group on admission of Ukraine into
the World Trade Organization in Geneva (Switzerland) on July 23, the working
group recommended that the Cabinet of Ministers conclude its negotiations
with Kyrgyzstan to allow completion of the preparation of the necessary
admission documents.
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========================================================
7. KYRGYZSTAN ACCUSES UKRAINE OF USING
"POLITICAL PRESSURE" TO JOIN WTO

AKIpress news agency website, Bishkek, in Russian 27 Oct 07
BBC Monitoring Service, UK, Saturday, October 27, 2007

BISHKEK - Ukraine is exerting political pressure on Kyrgyzstan using media
resources so as to join the World Trade Organization (WTO), the Ministry of
[Industry,] Economic Development and Trade of Kyrgyzstan has said in its
statement.

We recall that bilateral talks between Kyrgyz and Ukrainian delegations were
held in Geneva to consider Ukraine's application to join the WTO. Talks with
Ukraine on its entry [into the WTO] have been conducted since 2002.

"It should be emphasized that Kyrgyzstan is conducting talks with its
Ukrainian partners as correctly as possible, showing patience and in the
spirit of constructiveness and readiness for a mutually acceptable outcome.

"At the same time, it also takes into account the need to defend its legal
national interests," the statement says. It was circulated by the press
service of the Ministry of [Industry,] Economic Development and Trade.

"It is greatly unfortunate that Ukraine has been striving to resolve issues
in solely its own favour throughout the negotiating process and in a
`coercive' way without taking into account Kyrgyzstan's legal trade and
economic interests," the statement says.

[Passage omitted: criticism of a report on the issue in the Ukrainian
newspaper Kommersant Ukraina]
--------------------------------------------------------------------------------------------
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========================================================
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==========================================================
8. UKRAINE SUNFLOWER OIL PRODUCER TO LIST IN WARSAW

By Roman Olearchyk in Kiev and Jan Cienski in Warsaw
Financial Times, UK, Monday, October 29, 2007

KIEV/WARSAW - Kernel Group of the Ukraine, the world's fifth largest
sunflower seed crusher, hopes to raise up to $200m through an initial public
offering on the Warsaw Stock Exchange in early November.

Kernel, controlled by 33-year old Ukrainian lawmaker Andrey Verevskiy, has
in recent years established itself as a competitor for world giants such as
US-based Cargill and Bunge, both of which have large operations in Ukraine,
home to the world's second largest sunflower crops after Russia.

Mr Verevskiy hopes the listing "will showcase vast upside" opportunities in
Ukrainian agriculture and predicts growth rates will increase in coming
years after farm land privatisation is sanctioned by the state.

"Seventy per cent of farmers still have a Soviet-style mentality, don't
understand technology and don't, as a result, have high yields.
UKRAINE COULD DOUBLE ITS GRAIN HARVESTS
With investments, Ukraine could double its grain harvests to 60 million
tonnes in the not too distant future," he added.
ING is advising Kernel Holding SA, a vehicle that owns Mr Verevskiy's
integrated bottled oil and agribusiness assets.

Kernel, considered a mid-sized Ukrainian business with an estimated equity
value of $500m-$580m, will be the second Ukrainian company to list in
Warsaw. Astarta, a Ukrainian sugar producer, raised $32m last year by
floating an 18.8 per cent stake.

"The liquidity for a company of our size is expected to be high in Poland,"
said Mr Verevskiy. "We hope for substantial demand from Polish mutual
and pension funds."

The Warsaw exchange has a special programme to entice Ukrainian companies
to list in Poland; a Ukrainian company gets the benefit of listing on a
European Union market at a much lower cost than doing so in London.

Polish pension funds, which have about 140bn zlotys ($55bn) in assets, can
invest 40 per cent of their holdings in stocks, providing one of the largest
investment pools in the region. The WSE has had 61 IPOs this year, more
than the rest of central Europe's bourses combined.

"We have 20 foreign companies on the exchange and more are coming,"
said Robert Kwiatkowski, responsible for the WSE's Ukrainian programme.
"Warsaw is becoming a regional financial centre."

The funds raised by Kernel will be pumped into new plants for processing
sun seeds, rapeseeds and soybeans, port facilities, and acquisitions abroad.

Kernel controls 35 per cent of Ukraine's bottled sun oil market exporting
the rest to Europe, Asia and other markets. The group also controls the
largest private grain silo network in Ukraine and ranks as one of the
country's leading grain exporters.
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9. VIKTOR PYNZENYK LAYS OUT TYMOSHENKO'S ECONOMIC
AND BUSINESS DEVELOPMENT PLANS FOR UKRAINE

bne (Business New Europe) Berlin, Germany, Thu, Oct 25, 2007

Viktor Pynzenyk, former finance minister and senior member of the Yulia
Tymoshenko bloc (BYuT), was out selling the Yulia Tymoshenko-bloc
message to investors on Thursday, October 25 in a conference call
organised by Concorde Capital. He was making an effort to reassure them
the feisty former Ukrainian prime minister has put her polemical ways behind
her.

It was a slick performance by Pynzenyk, who was on message to sell a
transfer of power that should end in November with Tymoshenko taking
control as Ukraine's new prime minister.

An Orange coalition between BYuT and the president's Our Ukraine-Self
Defence bloc party has not formally been announced, but Pynzenyk says
it is a done deal.

"The coalition is a fact and although it is not complete de jura, it is
already formed and legally it can be announced after the returns of the
election have been formally announced. I can see no reason why this
coalition could collapse," said Pynzenyk.

A backhanded reference to a similar coalition that did collapse in 2006
after the Socialists jumped ship at the last moment, handing power to the
current ruling coalition headed by the Party of Regions under Prime Minister
Viktor Yanukovych.

"All the speculation on the new government will stop when the new government
takes office and Tymoshenko is declared prime minister," said Pynzenyk.

The ruling Party of Regions, led by Yanukovych, won the most votes in the
September 30 polls, but BYuT and Our Ukraine together won 228 seats in the
450-seat Rada, enough to give them a majority and so take up the reigns of
power.

An open question is whether Volodymyr Lytvyn will add the 20 seats that his
Lytvyn bloc won in the elections to an Orange ruling coalition and shore up
its hold over the Rada.

"If Lytvyn is in the coalition, then it is up to him," said Pynzenyk not
giving anything away. "Our leaders have declared a willingness to welcome
him."

While senior Ukrainian politicians on both sides of the house are clearly
wary of a Tymoshenko premiership, there now seems to little they can do
now to prevent it.
PRIVATISATION
However, investors seem a lot more sanguine about the prospect of a strong
leader coming into to take command of the ship.

Their biggest worry is that Tymoshenko will re-launch the re-nationalisation
programme first floated by Yushchenko as part of the promise of the Orange
revolution in 2004.

Tymoshenko's version could turn into a pogrom of her political enemies such
as the Donbass clique that are currently allied with Viktor Yanukovych.

Yushchenko won much support for promising to re-nationalise many companies
that were subject to the most egregious abuses. However, the
re-nationalisation programme was taken up by Tymoshenko after appointed
prime minister and unsettled investors when it turned into a politically
tainted witch hunt.

Investors now worry that the "gas princess" will use her power to take
revenge on her political rivals - fears that Pynzenyk and the whole
Tymoshenko camp are keen to dispel.

Tymoshenko is pitching a new pragmatic stance and has backed off from
her fiery rhetoric of 2006. Pynzenyk says the new government will not
re-nationalise companies, but some of the more blatantly fixed deals will be
questioned in court.

"There are no plans to revise the outcomes of the privatisations. Yulia
Tymoshenko has no plans like these today. What we want to do it take
corrective measures through the courts and challenge certain privatisation
projects," said Pynzenyk.

To maintain her reputation as the lone standard bearer of the Orange
Revolution, Tymoshenko needs to keep Yushchenko's promise, but she also
needs to do it in a way that doesn't scare off the badly needed foreign
investors so turning to the courts is the compromise.

"The goal is to give all the investors who are interested in buying
facilities the chance to do so. We will also review the legislation to
prevent the actions of corporate raiders in the future," said Pynzenyk.

At the same time, he committed the government to carrying on the
privatisation programme. Pynzenyk promised a new Tymoshenko administration
would open up the whole process of privatisation and the sale of licenses to
investors, and fair competition.

It is a promise that will strike a chord with businessmen who worked under
the previous regime. Tymoshenko is promising to sweep away the old system of
crony capitalism with a clean-hand approach of open tenders and competition
for assets put under the gavel by the state. Pynzenyk sited the upcoming
privatisation of power generating companies, or "gencos," as an example.

"The gencos have to be privatised, and not only the gencos, but if we take
too long to privatise the gencos, then someone will come and steal them,"
said Pynzenyk.

"This sector is in need of huge modernisation and this can only be done with
privatisation. I have never seen a government company that was well run."

Pynzenyk said this process will be supported by a general liberalisation of
prices that will have the effect of reducing the amount of energy wastage -
Ukraine is the most inefficient energy user in all of Europe.
TAX AND INVESTMENT
The new regime is selling itself as investment friendly. Pynzenyk promised
that all taxes on investment will be abolished in an attempt to create an
even playing field that will pull in significant foreign investment.

"No one will be eligible for tax benefits," said Pynzenyk, in an indirect
reference to the widespread abuse of "specially economic zones" in the
previous era of former president Leonid Kuchma, which effectively calved
Ukraine up into a string of tax-free fiefdoms for the leading oligarchs of
the old regime. "All investors will enjoy an equal tax status."

Pynzenyk also promised to try and revise the state's whole approach to
collecting taxes with a comprehensive reform of the tax administration
system.

"Currently we have a tax management principle of paramount control," said
Pynzenyk. "We want to change this to a principle of control of tax
deviations.

"This means that the tax service will only question tax payments that it
believes are a deviation from the rules. Those companies that pay their
taxes in good faith will never see the face of a taxman on their doorstep."
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[return to index] [Action Ukraine Report (AUR) Monitoring Service]
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10. DEMOCRACY AND GLOBAL WORLD CHALLENGES
Colin Powell lectures at Kyiv School of Economics

Kyiv School of Economics, Kyiv, Ukraine, Thu, October 24, 2007

KYIV - On 24 October 2007, within the Kyiv School of Economics (KSE)
Public Lectures project, Colin Powell, the 65th US State Secretary held a
press briefing and delivered a lecture "Democracy and Global World
Challenges". Mr. Powell was invited by Victor Pinchuk, Honorary chairman
of KSE.

In his presentation, full of humour and anecdotes from his experience, the
former Secretary of State told about confrontation between USA and USSR
during Cold War, beginning of Perestroika and fall of Iron Curtain. He also
described his standpoint on how to overcome global challenges facing the
world and build democratic and prosperous country.

He also made evaluation of recent changes Ukraine and expressed his hope
that Ukraine would steadily pursue its democratic and economic development.

The former US State Secretary pointed out that there was economic growth
in Ukraine within the last two and a half years. "I think that this growth
will continue and I hope that your current situation will get clear soon and the
political development will catch up with the economic development.

There are people who are interested in Ukraine and in talents of its people
and there are investment opportunities. However, one may want to make use
of these opportunities only if you have transparent legislation, efficient
judicial system and no corruption", - said Colin Powell.

Furthermore, he believes that the government should take into consideration
three major components of successful development: economy, energy, and
environment and to provide for conditions facilitating prosperity growth of
its citizens.

Speaking about Ukraine's development prospects, Colin Powell said: "Do
not expect anything you do not work for". He also stressed that it would be
young people who would ensure liberalization of the country and make
necessary changes.

In particular, as he was talking about Kyiv School of Economics, he pointed
out: "KSE students are one of the forces that will move Ukraine forward in
right direction".

In his address to KSE students Colin Powell emphasized: "Any resources and
human talents that you make use of, belong to the nation. Always give back
to your people and never forget wherefrom you obtained all of this.

In his turn, Victor Pinchuk, honorary president of Kyiv School of Economics
thanked Colin Powell and addressed to the young people present in the hall:
"I am glad that young guys, future leaders have a chance to adopt unique
experience from the very beginning. Wish you could use these lessons for
you personally and for your country".

The lecture by Colin Powell at Kyiv School of Economics gathered more than
350 persons, representing different generations, including KSE students,
businessmen, politicians, and diplomats from Ukraine and foreign countries.

Photo report on Colin Powell's visit to Kyiv on October 24, 2007:
http://pinchukfund.org/ru/media/photo-gallery/2007/513.html

The last time Colin Powell came to Ukraine in 2005 to visit inauguration
ceremony of President of Ukraine Victor Yushchenko.
----------------------------------------------------------------------------------------------
General Colin L. Powell, USA (Ret.) became the 65th Secretary of State on
January 20, 2001. Before becoming Secretary of State, Colin Powell served
as a key aide to the Secretary of Defence and as National Security Advisor to
President Reagan.
Kyiv School of Economics (KSE) was established by the Economic Education
and Research Consortium (EERC- www.eerc.kiev.ua) and by the Victor
Pinchuk Foundation (www.pinchukfund.org). In doing so, it helps to improve
the economic, business, and policymaking environments of Ukraine and
neighbouring countries. E-mail: info@kse.org.ua; Internet: www.kse.org.ua
-----------------------------------------------------------------------------------------------
[return to index] [Action Ukraine Report (AUR) Monitoring Service]
========================================================
11. AES KYIVOBLENERHO REELECTS STEVEN WALSH
AS SUPERVISORY BOARD CHAIRMAN

Ukrainian News Agency, Kyiv, Ukraine, Friday, October 26, 2007

KYIV - The shareholders of the AES Kyivoblenerho, a power-supplying
company based in Kyiv, at the meeting on October 23 reelected Steven
Walsh as supervisory board chairman.

Thus reads the statement of the company, the text of which Ukrainian News
has obtained. Walsh has held the post of the supervisory board chairman from
June 2006. The renewed supervisory board also included again director on law
issues of the AES Kyivoblenerho Yurii Vakhel.

As Ukrainian News earlier reported, on late October AES Kyivoblenerho
dismissed Ihor Serheev as a member of the supervisory board and appointed
Natalia Lysa to the post.

In 2006, AES Kyivoblenerho received a net profit of UAH 78.909 million,
raising its revenues by 23.96%, or UAH 173.755 million, to UAH 898.818
million, as compared to 2005.

In 2001, AES Washington Holdings B.V. (the Netherlands) purchased 75%+1
share in each Kyivoblenerho and Rivneoblenerho. Later, the companies were
renamed as AES Kyivoblenerho and AES Rivneenerho.

AES Corporation runs 113 energy generating facilities and 17 energy
distribution companies in 27 countries.
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FOOTNOTE: AES Corporation is a member of the U.S.-Ukraine
Business Council (USUBC) in Washington, D.C.
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[return to index] [Action Ukraine Report (AUR) Monitoring Service]
========================================================
If you are receiving more than one copy of the AUR please contact us.
========================================================
12. UKRAINE: POROSHENKO - POSSIBLE HEAD OF NBU?

Ukrainian News Agency, Kyiv, Ukraine, Friday, October 26, 2007

KYIV - The Our Ukraine-People▓s Self-Defense bloc is ready to vote
in favor of appointment of Petro Poroshenko as the chairman of the
National Bank of Ukraine.

Oleksandr Tretiakov, a parliamentary candidate for the Our Ukraine-
People▓s Self-Defense bloc, announced this in an interview with
the Focus journal.

Tretiakov noted that candidates for the post of chairman of
the National Bank of Ukraine are submitted to the parliament by
the President of Ukraine.

"If [President Viktor Yuschenko] makes the decision to recommend
Poroshenko, we will not insult the President▓s representation by not
voting for it," he said.

According to him, all recommendations made by Yuschenko (who is the
honorary chairman of the Our Ukraine People▓s Union party, which is
a member-party of the Our Ukraine-People▓s Self-Defense bloc) should
be supported by the bloc▓s parliamentary faction a priori.

"All his representations should be supported by the faction. That is
an axiom," Tretiakov said. He added that Poroshenko▓s age falls within
the age range that the law set for civil servants.

Tretiakov also said that the Our Ukraine-People▓s Self-Defense bloc was
ready to vote for any candidate from the Yulia Tymoshenko Bloc that
the parliamentary coalition▓s council nominates for the post of Prime
Minister, even if that candidate is not the bloc▓s leader Yulia Tymoshenko.

"If the Yulia Tymoshenko Bloc proposes another candidate and the coalition
supports it, then I think that Yulia Volodymyrivna [Tymoshenko] will abide
by the decisions of the entire coalition,"he said.

As Ukrainian News earlier reported, the chairman of the Council of the
National Bank of Ukraine, Petro Poroshenko, recently forecast that
a parliamentary coalition between the Yulia Tymoshenko Bloc and the
Our Ukraine-People▓s Self-Defense bloc would be unstable.

The political council of the Our Ukraine People▓s Union party, which
is a member-party of the Our Ukraine-People▓s Self-Defense bloc, decided
not to include Poroshenko on its list of candidates for election to
the fifth parliament.
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LINK: http://www.ukranews.com/eng/article/75948.html
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========================================================
Send in a letter-to-the-editor today. Let us hear from you.
========================================================
13. YULIYA TYMOSHENKO BLOC AND OUR UKRAINE-PEOPLE'S
SELF-DEFENCE ANNOUNCE POLICY FOR THE ENERGY SECTOR


Kommersant-Ukraina, Kiev, in Russian 19 Oct 07
BBC Monitoring Service, UK, Friday, October 19, 2007

The Yuliya Tymoshenko Bloc and Our Ukraine-People's Self-Defence have
made public their agreement on a new cabinet's policy in the energy sector, a
Ukrainian daily newspaper has reported.

According to the document, a new cabinet would support the IPO bid of the
state oil transport monopoly Ukrtransanfta, try to get long-term contracts
on supplies of Central Asian gas and tighten the state's control over the
extraction of oil and gas in Ukraine.

The following is the text of the report by Oleh Havrysh entitled "An energy
base" published in the Kommersant Ukraina newspaper on 19 October;
subheadings have been inserted editorially:
NEW ENERGY STRATEGY DEFINED
Yesterday [18 October] the Yuliya Tymoshenko Bloc and the Our
Ukraine-People's Self-Defence bloc published an agreement defining a new
government's strategy in the energy sphere.

According to this document, the future cabinet plans to support the IPO bid
of the [state oil transport monopoly] Ukrtransnafta, sign long-term
contracts on the purchase of gas from Central Asia and to tighten state
control over the extraction of oil and gas in Ukraine.

Those playing the market believe that to achieve this the "democratic
coalition" [which the Yuliya Tymoshenko Bloc and Our Ukraine-People's
Self-Defence agreed to form in the new parliament] will need to radically
alter the laws and embark on a new gas war with Russia.

Yesterday the "democratic coalition" published a plan of action of the
future cabinet in the oil-and-gas sphere. A new cabinet plans to carry out
an audit of the oil transportation monopoly Ukrtransnafta to introduce
modern mechanisms for attracting investments, in particular an IPO. The
funds are needed for the wholesale repair and reconstruction of equipment of
trunk oil pipelines.

"The capital stock of the oil pipeline system has depreciated over 40 per
cent. Investments to the sum of 450m-500m dollars are needed to develop the
infrastructure," a member of the committee for the fuel and energy complex
of the Supreme Council [parliament] of the fifth convocation, MP Viktor
Topolov (Our Ukraine) said.

If a coalition cabinet is formed, the YTB and Our Ukraine-People's
Self-Defence plan to sign long-term contracts with Central Asian countries
on supplies of natural gas to Ukraine and also to reach agreements with the
governments of Iran, Turkey, Austria, Romania and Bulgaria on Ukraine's
participation in the construction of the Nabucco gas pipeline which is due
to supply gas from Central Asia to Europe.

"We need to get away from energy dependence on Russia and to re-establish
direct contracts with Turkmenistan. We shall be reminding Russia that we are
the transit country of 80 per cent of all the natural gas to Europe," a
member of the fuel and energy complex committee of the Supreme Council of
the fifth convocation, MP Mykhaylo Volynets, (YTB) said.
PRODUCTION DISTRIBUTION
Furthermore, the democratic coalition plans to define the procedure for the
development of the oil and gas fields explored on state funds, having drawn
up a plan of indemnities to the state. "It is not clear at the moment what
proportion the state should receive in contracts on production sharing,"
Mykhaylo Volynets says.

It will be recalled that in September the cabinet approved a draft agreement
with the Vanco International oil company on the distribution of production
during the development of the Prykerchenskyy oil and gas field. The project
provides for a 50-50 per cent distribution of production between the oil
extractor and the state.

Once the project starts the state will obtain the right to 60 per cent. It
is important to note that Vanco International has proposed that during the
development of the field it should receive 80 per cent of the output, and at
the extraction stage 70 per cent.

In the opinion of the president of Poti Oil Security and Shipping (which
exports 1-1.5m tonnes of oil annually), Alik Vardanyan, in order to attract
450m dollars worth of investments, Ukraine needs to extract only 10 per cent
of the shares of Ukrtransnafta from an IPO.

"A company that runs such a network of oil pipelines is capable of
attracting the interest of the major world players Shell, Chevron/Texaco,
Exxon/Mobil and Transneft. Of course, this will increase the loading of the
oil pipeline system with Caspian oil from their side," he assured.

The press service of the Russian Transneft company said that in the event of
Ukrtransnafta turning to an IPO they plan to look into the possibility of
purchasing its shares.

However, according to the managing partner of the legal firm Astapov
Lawyers, Andrey Astapov, the floating of Ukrtransnafta's shares on the stock
exchange will be impossible without an annulment of the law drawn up by the
YTB "On pipeline transport", which forbids companies using trunk pipelines
to transfer them to a directorate, a concession or to a lease by third
parties.

The general director of the Ukrainian gas trading company Olhaz-Invest,
Yuriy Korovin, believes that attempts to buy Central Asian gas back from
Russia will lead to another gas war.

"Having rid themselves of RosUkrEnergo [a Swiss registered gas-trading
intermediary company], Russia plans to send Turkmen gas to Europe, having
earned considerable sums of money by doing so, and to sell their own gas to
Ukraine at 230-250 dollars per 1,000 cu m. Ukraine sees in this refusal the
opportunity to buy Central Asian gas direct," Mr Korovin explained.

"What is happening will lead to another gas war, and here everything will
depend on the position of the Ukrainian cabinet if it keeps its cool, as it
did under [former Fuel and Energy Minister] Ivan Plachkov and [former
chairman of the state-owned oil and gas company Naftohaz Ukrayiny] Oleksiy
Ivchenko, Ukraine will get its way."
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[return to index] [Action Ukraine Report (AUR) Monitoring Service]
========================================================
14. GAS, MILITARY CONSCRIPTION, MORE CONTROL OVER SECURITY
AGENCIES, RESHUFFLE IN SECURITY AGENCIES, OIL REFINERY ROW,
EFFORTS TO FIGHT XZENOPHOBIA, HOVERLA MOUNT VANDALISM

Ukrainian security roundup for October 2007
BBC Monitoring Service, UK, Friday, October 26, 2007

In October, gas continued to feature prominently on Ukraine's security
agenda. President Viktor Yushchenko pushed for more control over the
interior and defence ministries, and reshuffled the security agencies. Also,
future Orange coalition partners fell out over whether compulsory military
service could be abolished as early as next year.
GAS DELIVERIES FROM RUSSIA
Gazprom's statements that Ukraine owes it 1.3bn dollars for gas caused a
stir in Kiev. A business daily said the debt is owed by a private company
part-owned by Gazprom.

It said Ukrainian Fuel and Energy Minister Yuriy Boyko admitted to the debt,
while First Deputy Prime Minister Mykola Azarov said "We do not owe
anyone a single cent."

The paper said it appears that RosUkrEnergo, in which Gazprom owns 50 per
cent, accumulated 10bn cubic metres of natural gas in Ukrainian storage
facilities for which it has failed to pay Gazprom. (Delo, Kiev, in Russian 4
Oct 07; pp 1, 3)

Commenting on the 9 October gas talks between Russia and Ukraine, Ukrainian
TV said the agreed procedure of settling Ukraine's gas debt was as obscure
as the way in which it was accumulated. The TV said that it remained unclear
why Kiev did nothing about the debt until Moscow threatened to cut off gas
supplies.

The TV also wondered why the debt - according to Russia - nearly doubled
within one week. It quoted President Putin as "correcting" Russian Prime
Minister Viktor Zubkov and saying that Ukraine owed 1.3bn dollars in gas
debt to Russia, not 2bn dollars. (One Plus One TV, Kiev, in Ukrainian 1630
gmt 9 Oct 07)

Ukraine wants to restore direct relations between the state gas company
Naftohaz Ukrayiny and Gazprom in order to make its gas sector more
transparent, a senior presidential official said. First deputy head of the
Presidential Secretariat, Oleksandr Shlapak, told journalists local utility
companies owe Naftohaz 700m dollars in overdue bills. (Delo, Kiev, in
Russian 9 Oct 07; p 3)

Under a coalition accord concluded by the opposition Yuliya Tymoshenko
Bloc and propresidential Our Ukraine-People's Self-Defence bloc, the
alliance will seek to do away with intermediaries supplying gas to Ukraine.

"We shall continue cooperation with Russia, Central Asian countries and
other partners on the basis of long-term, transparent and
mutually-beneficial contracts without shadowy intermediaries," the document
says.

The coalition will seek a higher level of energy security "by reducing
critical dependence on the sole source of energy imports and diversifying
the delivery options". (ITAR-TASS news agency, Moscow, in Russian
1635 gmt 17 Oct 07)

The first deputy leader of the Yuliya Tymoshenko Bloc, Oleksandr Turchynov,
accused the cabinet of incompetence and said Ukraine could be left with no
fuel at the start of the winter. He said that the National Security and
Defence Council should convene to discuss the situation. (Interfax-Ukraine
news agency, Kiev, in Russian 1445 gmt 9 Oct 07)
MILITARY CONSCRIPTION
National Security and Defence Council secretary Ivan Plyushch has criticized
Yuliya Tymoshenko's demands that military conscription be abolished starting
from 2008.

He said it is dangerous for political parties to issue ultimatums concerning
security. "It is up to the appropriate state agencies to approve such
decisions," he said.

"They should be adopted on the basis of consensus, which takes into account
the positions of the president, the ruling coalition and civil society
institutions after they have been discussed by the National Security and
Defence Council."

A coalition agreement between the Yuliya Tymoshenko Bloc and the
pro-presidential Our Ukraine-People's Self-Defence presented on 17 October
includes a commitment to abolish conscription from 1 January 2008, in line
with an election promise by the Tymoshenko bloc (UNIAN news agency, Kiev,
in Ukrainian 0822 gmt 18 Oct 07, Interfax-Ukraine news agency, Kiev, in
Russian 1540 gmt 17 Oct 07)

Defence Minister Anatoliy Hrytsenko said it was unrealistic to abolish
contract service in 2008 and that the Ukrainian army would make a full
switch to contract service in 2010.

"As for the abolition of conscription on 1 January 2008, I would like to
note that you could also sign an agreement on scrapping Newton's three laws
for good measure," he said. (Interfax-Ukraine news agency, Kiev, in Russian
0521 gmt 18 Oct 07)

Propresidential Our Ukraine-People's Self-Defence bloc leader Yuriy Lutsenko
said it was up to the National Security and Defence Council to decide when
to abolish compulsory army service. However, he said, he trusted
Tymoshenko's calculations and economic judgment. (5 Kanal TV, Kiev, in
Ukrainian 0600 gmt 18 Oct 07)

President Viktor Yushchenko on 24 October decreed army conscription in 2008,
contrary to Tymoshenko's demands. The head of the presidential secretariat,
Viktor Baloha, said that next year's conscription does not contradict the
president's initiative to transfer the army to the contractual basis.
(ITAR-TASS news agency, Moscow, in Russian 1556 gmt 24 Oct 07)
MORE CONTROL OVER SECURITY AGENCIES
Viktor Yushchenko demanded direct control of the interior and defence
ministries. On 8 October, he told the leaders of the parties which scored
most votes in the 30 September parliamentary election that "the whole of the
power-wielding bloc should be subordinated to the head of state".

The Ukrainian president is formally the commander-in-chief of the armed
forces, but defence minister formally reports to the prime minister.
(Interfax-Ukraine news agency, Kiev, in Russian 1235 gmt 8 Oct 07)

President Viktor Yushchenko issued a decree giving himself the right to
appoint the heads of regional offices of the Security Service, its
Antiterrorist Centre, the centre for special antiterrorist operations, the
protection of participants in criminal proceedings and law-enforcement
officers. (Interfax-Ukraine news agency, Kiev, in Russian 1139 gmt 9 Oct 07)
RESHUFFLE IN SECURITY AGENCIES
President Viktor Yushchenko dismissed a deputy head of the Security Service
of Ukraine, Oleksandr Skypalskyy. He also cut the number of SBU deputy heads
from eight to seven. (UNIAN news agency, Kiev, in Ukrainian 24 Oct 07)

President Viktor Yushchenko replaced deputy SBU head Valeriy Pidbolyachnyy
with Tiberiy Durdynets, who was chief of the Security Service directorate in
the Transcarpathian Region.

Durdynets was also appointed as head of the SBU's main directorate for
counteracting corruption and organized crime. (UNIAN news agency, Kiev, in
Ukrainian 1353 gmt 19 Oct 07, Interfax-Ukraine news agency, Kiev, in Russian
0916 gmt 19 Oct 07)

President Viktor Yushchenko also dismissed deputy secretary of the National
Security and Defence Council Oleksandr Sadykov. No reason for the dismissal
was given. Sadykov was appointed to the post on 10 July 2007.
(Interfax-Ukraine news agency, Kiev, in Russian 0734 gmt 24 Oct 07)

Viktor Yushchenko appointed Serhiy Chalyy as chief of the centre for special
operations in combating terrorism and for protection of participants in
criminal court proceedings and law enforcers of the Security Service of
Ukraine. Chalyy is a general and commander of the SBU's Alfa special
antiterrorist unit. (Interfax-Ukraine news agency, Kiev, in Russian 3 Oct 07)
OIL REFINERY ROW
The board chairman of Ukraine's biggest oil refinery, Ukrtatnafta's refinery
in Kremenchuk, accused shareholders from Russia's Tatarstan of trying to
seize control of the company.

Pavlo Ovcharenko, who was recently restored to the post by a court, said his
predecessor deliberately ran up debts to Tatar shareholders so that they
would be able to increase their stake.

In a letter to the Ukrainian president and top security officials Ovcharenko
said this posed a threat to national security and accused Deputy Prime
Minister Andriy Klyuyev of involvement.

Ukraine owns a 43-per-cent stake in Ukrtatnafta, Russia's Tatarstan Ministry
of Property and Land Resources 28.77 per cent and Russian oil company
Tatneft 8.61 per cent. (UNIAN news agency, Kiev, in Ukrainian 1422 gmt 22
Oct 07)

The police in Ukraine later said they have prevented Pavlo Ovcharenko from
"seizing control" of Ukrtatnafta. The proUA website on 25 October quoted a
police statement as saying that 22 people have been charged with
administrative offences.

Tatarstan President Mentimer Shaymiyev said he was outraged by events at
Ukrtatnafta. "Ukraine is seizing our property like a bunch of gangsters," he
said. (proUA.com website, Kiev, in Russian 25 Oct 07; Interfax-Ukraine news
agency, Kiev, in Russian 0619 gmt 25 Oct 07)

The Kremenchuk oil refinery is seeking new suppliers of oil, a business
daily reported. This comes after one of the company's shareholders, Russian
Tatneft in Tatarstan, turned off the tap. It did this in protest against a
change of the company's top management.

The reinstated chairman of Ukrtatnafta, Pavlo Ovcharenko, may have
difficulties signing new agreements owing to the company's considerable
debts, the newspaper said. (Delo, Kiev, in Russian 24 Oct 07; p 6)
EFFORTS TO FIGHT XENOPHOBIA
The Security Service of Ukraine is setting up units to fight xenophobia and
ethnic hate, following President Yushchenko's orders, SBU spokeswoman
Maryna Ostapenko told a news conference on 24 October.

She said Ukraine has so far managed to prevent the emergence of stable
extremist groups propagating racism or religious hate. (UNIAN news agency,
Kiev, in Ukrainian 1021 gmt 24 Oct 07)

President Victor Yushchenko on 22 October met members of the Jewish
community and Ukraine's intellectual elite to discuss ways of protecting
Jews in Ukraine, their rights and the fight against xenophobia.

Yushchenko assured them Ukraine could resolve their problems and added
that cooperation and mutual support were important for achieving this.

He also urged the Jewish community not to fall for "provocations" aimed at
making its members an instrument of pressure and speculation. Yushchenko
thinks such actions might be masterminded by "external directors" who plan
to cause instability and chaos in Ukraine. (Ukrainian president's website,
Kiev, in English 22 Oct 07)
HOVERLA MOUNT VANDALISM
A Russia-based youth organization, the Eurasian Youth Union, reported that
its activists have demolished national symbols of Ukraine on the country's
highest peak Hoverla in the Carpathian mountains. The action was meant to
show that the days of independent Ukraine "are numbered".

"The act of vandalism on the Hoverla is a cynical attempt on the Ukrainian
values and a blatant challenge to the authorities and the public," the head
of the Ukrainian presidential secretariat, Viktor Baloha, said.
(Korrespondent.net web site, Kiev, in Russian, 1529 gmt 18 Oct 07, UNIAN
news agency, Kiev, in Ukrainian 1303 gmt 19 Oct 07)

The Security Service of Ukraine (SBU) restored an entry ban on Eurasia Youth
Union leaders, Russian citizens Pavel Zarifullin and Oleksandr Dugin. The
SBU press service said that the two had been banned from visiting Ukraine in
2006, but the ban was lifted following agreements with Moscow.

The SBU also demanded the extradition from Russia of suspected Hoverla
vandals. (UNIAN news agency, Kiev, in Ukrainian 0847 gmt 24 Oct 07, One
Plus One TV, Kiev, in Ukrainian 1630 gmt 24 Oct 07)
OTHER AGENDA ITEMS
Ukrainian President Viktor Yushchenko issued a decree cutting the number of
official posts that can be occupied by members of the military and security
services.

The decree would stop "the practice of sending military servicemen to
civilian agencies and organizations, including the presidential secretariat,
the government secretariat and parliament's apparatus" presidential
chief-of-staff Viktor Baloha said.

However members of the military continue working at Ukraine's missions in
the EU and NATO, at the Enerhoatom nuclear power company, the national space
agency and Chernobyl power station. (ITAR-TASS news agency, Moscow, in
Russian 1706 gmt 25 Oct 07)

President Viktor Yushchenko said he would not allow the interior troops to
be used in politics. "There should be no place for politics or disciplinary
breach in your ranks. I will not allow the interior forces to be used in
political games," he said. (NTN, Kiev, in Ukrainian 1600 gmt 19 Oct 07)

Under a coalition accord concluded by the opposition Yuliya Tymoshenko Bloc
and propresidential Our Ukraine-People's Self-Defence bloc, Yushchenko's
supporters will nominate the defence and interior ministers.
(Korrespondent.net website, Kiev, in Russian 17 Oct 07, 5 Kanal TV, Kiev, in
Ukrainian 1200 gmt 12 Oct 07)

Special Security Service units held anti-terror exercises in mountainous
areas outside Bakhchysaray, Crimea, on 9-13 October. Practical skills were
tested in conditions which fully resembled real combat situations, local TV
said. (Crimea TV, Simferopol, in Russian 1630 gmt 15 Oct 07)

Yuliya Tymoshenko, who is poised to become Ukraine's next prime minister
after the 30 October parliamentary election, said priorities in relations
with the EU should be energy, security and economic cooperation.

Speaking during a summit of the European People's Party in Lisbon on 18
October, Tymoshenko said the Ukrainian gas supply system should be
enhanced by the construction of additional transit gas pipelines involving
EU countries.

Nuclear fuel supplies to Ukrainian power stations should be diversified, and
Ukraine should cooperate with EU to achieve this, she added.

Speaking about Ukraine's possible participation in the system of collective
European security, she said that Ukraine can start talks on participation in
the security system, even though it is not a member of the EU. (UNIAN news
agency, Kiev, in Ukrainian 0747 gmt 19 Oct 07, UNIAN news agency, Kiev,
in Ukrainian 0805 gmt 19 Oct 07)
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[return to index] [Action Ukraine Report (AUR) Monitoring Service]
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15. UKRAINE - INFLATION: NEW PRICES -- OLD SONGS

COMMENTARY AND ANALYSIS: By Yuriy Skolotiany
Zerkalo Nedeli, Mirror Weekly # 38 (667)
Kyiv, Ukraine, Saturday, 13 - 19 October 2007

September's inflation report published by the State Statistics Committee
on Saturday, 6 October, surpassed the most pessimistic expectations.

In the first autumn month, the consumer price index (CPI) grew by 2.2%,
breaking the September record of the last seven years. Inflation rate over
the first nine months of 2007 reached 8.6%, having exceeded the 2007 budget
estimates (7.5%) three months before the end of year.

The mass media have been overwhelmed with negative emotions stirred up
by the news as every Ukrainian got concerned over the sharp decrease in
purchasing power of the national currency.

The National Bank of Ukraine, which had been standing on the sidelines so
far, responded with additional sterilization measures. The Cabinet of
Ministers, as usual, pretended to be buzzing with activity.

Its head, who had argued a month ago that there was no need to readjust the
inflation forecast, was ranting and raving at the Cabinet session last week,
in annoyance over the unruly foodstuff prices.

Mutual accusations and finger-pointing, common for all political forces,
public agencies and officials in situations like this, traditionally
distracts the public attention from the root causes of the galloping
inflation.

The September statistics on inflation rate are four times as high as the
Ministry of Economy's last projection (0.6%). Only a month ago the Ministry
assured the people that "thanks to effective anti-inflation measures, the
government managed to put an end to the unreasonable price rise and slow
down the inflation". Well, we have got used to incorrect inflation forecasts
and the Ministry's untrustworthy statements.

The consumer price rise in September made experts revise their annual
inflation forecasts. Earlier most of them concurred on the indicator of
10-12%, but they now raise it to 12-14%.

Very few incurable optimists still hope that the CPI escalation in 2007 can
be contained within 10%. Thus, for four successive years inflation in
Ukraine will be registered at a two-digit level (12.3% in 2004; 10.3% in
2005; and 11.6% in 2006).

Whereas the exact value of the inflation rate registered by the State
Statistics Committee came as a surprise to many, the news of its
acceleration did not.

Nervous reaction by the media can hardly be put down to Ukraine's
contriving to surpass, within a month, the annual inflation limit for the
Euro zone, which we aspire to join one day. Membership of the European
Currency Union is a remote prospect.

Yet domestic shops and supermarkets are here and now, and every time you
go there, your family budget registers a dramatic reduction on the revenue
side.

Those who seldom go shopping because of their preoccupation with the
national economic performance must have heard about it from their wives,
mothers, housekeepers or nannies.

Alarming TV reports accompanied with gloomy comments by experts,
salespersons and people in the street have turned into the last nail in the
coffin of the outgoing government.

So assiduously was it hammered into Ukrainians' minds, especially by the
media sympathetic to the incumbent Cabinet's opponents, that one starts
wondering if the price rise was, indeed, engineered by some ill-wishes.

What if it really was a skillfully coordinated PR ruse? What if the
expensive foreign political consultants arranged it during the election
campaign to make their employers happy?

The "plot" version could be true or not, but at the last Cabinet session
Prime Minister Yanukovych ordered the controlling and law enforcement
authorities to look into the price situation at the consumer market.

"The elections are over, and if anybody profiteered from playing politics
with the society. I warn you - it is all over," - the Premier roared,
promising to "find the instigators of this situation who create the price
rush in the country".

Whether the Prosecutor General's Office copes with the task depends on
future political developments. Yet if the recent price shoot-up was really
provoked artificially, there is no hope the Antimonopoly Committee will ever
identify the culprits and bring them to justice.

In most cases, the Committee's evident feebleness suits large businesses
associated with authorities that tend to monopolize their respective
sectors. The Antimonopoly Committee imitates hard work, organizing press
conferences and other public events but never intervening to clamp down on
monopolists.

Even if the rise in prices for foodstuffs was orchestrated by somebody, the
Cabinet of Ministers failed to both anticipate and prevent it. The first
signs of inflation speed-up appeared back in May, intensified in the summer
and gained threatening scales last week.

The government tried to respond: it made statements, signed memoranda,
established maximum retail markups, chastised governors and prepared the
State Reserve interventions on the foodstuff market. Why is it only now that
Viktor Yanukovych commissioned the Ministry of Economy to use intervention
levers? Today, experts call their efficiency into question.

Officials from the Ministry of Economy - Deputy Minister Valeriy Muntiyan,
to be precise, - were unusually frank with the Interfax-Ukraine News Agency,
having finally admitted that the consumer prices would rise "more than by
10%".

Mr Muntiyan added, in passing, that "it is not only the government's fault,
the monetary factor is also at play", accounting for about half of the
current inflation drivers.

Ministerial officials' attempts to pass the buck onto the National Bank of
Ukraine are not totally groundless. Until recently NBU, the key monetary
authority in the country, kept issuing Ukrainian hryvnia in exchange for the
foreign currency purchased in the marketplace but used no anti-inflation
mechanisms, other than partial sterilization of hryvnia through the sale of
deposit certificates to commercial banks.

The NBU behaviour under the circumstances is a separate story; it exposes
the lack of monetary competence in the NBU Board members. Of course, most
Board members appointed by Parliament last autumn and by the President two
years ago are consummate professionals in politics and business.

Some of them are (or used to be) bank owners or major shareholders, and have
good knowledge of banking. Yet there are no monetary policy experts among
them.

Did any of the NBU Board members disagree publicly with its management
practices in the summer when the first disturbing symptoms of growing
inflation started to emerge?

Did all of them believe that in the autumn, on the eve of elections, the
government would refrain from increasing social benefits? Didn't they expect
huge flows of shadow money to penetrate the country in the course of the
election campaign?

Most probably they did not pay attention to those symptoms, feeling
comfortable with the analytics produced by the secretariat.

Of course, Mr Stelmakh is an esteemed NBU Governor and a banking authority
but what if he was wrong? There was no one to challenge his position
expertly and soundly, and the NBU Board should now take responsibility for
the price situation in the country: if you pledge, don't hedge.

The chairman of National Bank Volodymyr Stelmakh has hidden up from the
public opinion. If there were no disputes and assumptions about who and when
would take his post then journalists would forget about him entirely.

According to our sources of information, the possibility of discount rate
rise and the exchange rate corridor broadening (in the direction of Hryvna
strengthening) has been only discussed at NBU board. However, the main bank
of the country is not going to use these measures as they are considered to
be very serious signals to financiers.

National Bank is afraid to undertake any decisive steps which would spread
panic and damage the economy. According to NBU board, the discount rate
rise would make the bankers raise their rates, and this would be a threat to
economical growth.

That's why NBU is going to carry out only additional sterilization measures:
raise the rates on certificates of deposit and refinancing rates to bind
part of the market's surplus liquidity.

Aren't they too slow? Many observers can make an objection to this as NBU
discount rate is just a symbolic instrument and its rising, on the contrary,
could be a very weak anti-inflation step to keep the prices from galloping.

Sterilization is a complicated instrument too. Basically, the instruments
from NBU arsenal to bind the surplus liquidity in the inter-bank market are
more or less effective.

Only serious measures in this direction can suppress economical growth. And
partial measures are not able to help in the fight with consumer prices due
to underdevelopment of financial markets in our country.

So, this way the new government will have to deal with inflation problems if
they don't start to tilt at windmills again of course.

Yesterday's opposition is ready to come back to power. BYT's main economical
ideologists - Viktor Pynzenyk and Sergiy Teriohin - have already stated that
the budget project would be "completely rewritten."

Mr. Teriohin said that "it would a budget of eating away" since "in such a
poor country as Ukraine every budget is condemned to be socially oriented".
And according to Pynzenyk, "the new government would refuse some doubtful
investment programs to save funds for social programs".

This means that the above gentlemen are going to continue to experiment with
the Ukrainian economy. And it looks like our poor economy will have to try
"to digest" those large portions of "manna from heaven", with which they
promised to feed all our citizens.

And to cope with inflation potentially coming not only from a serious rise
in producer's prices (19.6% at the end of this year), but from the rise in
price of gas and other energy supplies, utility costs rise and so on.

Our already not very healthy economy might get "indigestion" caused by
these amounts of food. But it seems that there is no point in asking our
politicians to use common sense.

In the fight for the voters support oriented toward the 2009 Presidential
elections, they would probably choose the simplest way to please the most
numerous group of the citizens.

We should remember that four out of five Ukrainians (80%) think that the
state should guarantee jobs and low prices (World Bank/European Bank for
Reconstruction and Development research Life during the Transitional
Period).

We can of course say that the present processes are natural as we are just
passing through the stage of recovery, restoring the capitalization lost in
the mid-90s, and liquidating disproportions that appeared during that time.

But there are doubts about that because the total volume of industrial
production in Ukraine is 10% as high as in 1990. This figure is given in
comparable prices with correction for inflation rate.

Consumption (using the same correction for inflation rate) is higher than in
1990 also, but investments have just reached one third of their 1990 level.

And during the last not full seven years the average wage (with correction
for inflation rate) has risen more than three times, at the same time when
labor productivity has risen only about 1.5 times.

And the speed of our economic growth almost 100% correlates to the
dynamics of prices of metal in the world, i.e. depends on global economic
trends.

Where are the sober-minded men, who should understand that after the housing
crisis in the USA and the world financial fever caused by it, there is a
possibility of recession in the world economy? Setting hopes on the Chinese
and other Asians to certainly save the world economy is at least carefree.

And the statements of many respected Ukrainian bankers, which say that
nothing bad will happen to the Ukrainian economy, are also carefree. They
say that business has almost separated from power and entrepreneurs will
take loans anyway in order to develop their businesses. Will they?
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LINK: http://www.mw.ua/2000/2020/60764/
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[return to index] [Action Ukraine Report (AUR) Monitoring Service]
========================================================
16. UKRAINE'S POST-ELECTION SCENARIOS

bne (Business New Europe), Berlin, German, Monday, Oct 22, 2007

While a degree of uncertainty lingers over the final outcome of
post-election negotiations in Ukraine, the ex-Prime Minister Yulia
Tymoshenko remains the only candidate to replace the current head of
the government.

This has prompted a largely bullish capital market reaction underpinned by
mostly positive expectations for the economy.

The exact composition of the next government is going to remain subject to
speculation until the parliament actually votes on the new government in
early November.

The bets are on the Orange coalition parties dividing up most of ministerial
portfolios amongst themselves with some possible concessions to the Party
of Regions. President Viktor Yuschenko, too, seems to have come to terms
with this post-election outcome, albeit reluctantly.

Despite his earlier calls for broadening the coalition to share power with
the Party of Regions he told the press during his visit to Bratislava last
week that 'the Orange team has won the elections and it has every reason to
form a majority and propose its Prime Minister'.

Four days later - shortly after the Central Electoral Committee (CEC)
officially confirmed a slim victory for the Orange alliance - Yulia
Tymoshenko Bloc (BYut) and Our Ukraine-People's Self-Defense (NU-NS)
initialed a pact to form a parliamentary coalition. The move assured the
public that everything is going according to the Orange plan and that the
coalition remains intact.

Behind the scenes, however, the negotiations are expected to continue right
up to the parliamentary vote required to appoint the new government.
According to election law the new parliament has to resume its work twenty
days after the publication of the election results, i.e. by November 9th.

'A lot of horse-trading is yet to be done' according to Tom Warner,
Kiev-based analyst at Sito Capital. 'But there are only two options: either
we see a relatively quick appointment of Tymoshenko as Prime Minister by
mid-December or negotiations will drag on into the new with Yanukovich
government still in place.'

There is no other candidate, according to Warner, who could replace the
current government, given the outcome. 'Our Ukraine party does not have
any political excuse to abandon Tymoshenko and form a coalition with the
Regions.'

Nonetheless, given to get her 226 votes in the parliament, Tymoshenko must
count on all the Orange deputies to stick to the coalition agreement.

Although Tymoshenko's old Orange foes, such as Petro Poroshenko are now
left on the sidelines, there are around 30 deputies in the Orange alliance
who are considered to be capable of dissent and whose loyalties primarily lie
with the President.

For a quick Orange government appointment to take place Yushchenko has
to lean on his group of deputies to toe the coalition lie even though they
stand little to gain from reneging on their coalition deal apart from
keeping Yanukovich in power and extracting political benefits.

Yushchenko's ambivalent statements after the elections, however, clearly
demonstrate he is reluctant to reappoint Tymoshenko as Prime Minister, even
as he faces an even less palatable prospect of yet another collapse of the
Orange alliance and another major victory for Yanukovych.

Tymoshenko, however, seems to be in a conciliatory and politically pragmatic
mode willing to approve a package of Cabinet laws ceding greater powers to
the President to ensure the fragile Orange majority survives in the
parliaments and results in her taking the governmental control.

Most analysts therefore believe that given the lack of other options
Yushchenko will find a way to protect their alliance, despite pending
negotiations on detailed power arrangements.

Meanwhile, there are different opinions as to how the Regions are going to
react to another power reversal in the making. Yushchenko's call to include
the Regions, some analysts argue, suggests he reached a deal before the
early elections not strip them entirely of their power.

In Yushchenko's own words he wants to heal the national divide and wants
to ensure political stability. The Regions still have a couple of nuclear
options in their arsenal, such as boycotting the parliament or resigning
their seats in order to trigger an early election.

According to Warner, however, they stand little to gain from any of these
moves as their performance is unlikely to improve should another election
be held in the near future.

More likely is that the leading businessmen within the Party of Regions,
notably Ukraine's richest man Rinat Akhmetov is going to try to secure a
peace deal with the new government.

In contrast to 2005, Tymoshenko cuts a more predictable and pragmatic
figure. Although her campaign slogans still carried the same populist
message of seeking retrospective justice through the process of
reprivatization the consensus is that she is unlikely to press to fulfill
her election promise on this particular front.

Most tellingly she softened her stance on the reprivatization of Ukraine's
largest thermoelectric power generator, Dniproenergo, which was recently
sold to Akhmetov's System Capital Management (SCM) holding.

Despite making strong pre-election promises to take control of this
particular asset, Tymoshenko softened her stance considerably after the
elections saying he expects the courts to rule on the matter.

Similarly, other companies that are currently embroiled in legal debates
over ownership and privatization, such as the locomotive manufacturer
Luhanskteplovoz and Nikopol Ferroalloy Plant are unlikely to face full
scale reprivatization, even as they continue to be bogged down in
protracted legal wrangling.

Where Tymoshenko's policies could make a difference, according to analysts,
is in the gas sector which given Gazprom's recent announcement of
outstanding debt claims is inevitably going to face a major shake up.

The Russian-Ukrainian gas trading company, RosUkrEnergo is expected to
come under a major political attack once Tymoshenko returns as Prime
Minister.

If prices of gas eventually rise as they are expected to Tymoshenko's
government is unlikely to offer preferential prices to companies close to
the Party of Regions that rely heavily on Russian gas, such as the chemical
producer Stirol.

Some, however believe that her market instincts demonstrated during the
first tenure are by no means liberal, as she is prone to introducing
administrative price controls whenever sharp increases reach unpopular
levels.

Like last time, the temptation to keep a lid on rising energy prices will
continue to be the source of main political dilemmas pitting her populism
against the need for economic prudence.

Meanwhile, in fiscal policy, Tymoshenko is widely expected to adopt a looser
regime delivering on her election pledge by increasing social spending.
Although the minimum wage and pension hikes are not going to be on the same
scale as in 2005 they would come at a time when inflation is already running
in double digits.

Nonetheless, the domestic capital markets responded positively to
Tymoshenko's expected return as Prime Minister. According to analysts she
has learned a valuable lessons in politics and economics and appears to be a
lot less radical and pragmatic than in her first incarnation.

At the same time Tymoshenko is expected to bring back her original strengths
of Western orientation, promise of greater transparency and level playing
field.

A positive change in business environment, analysts argue could unleash
significant FDI inflows, lead to greater global integration, know-how
transfer, raising Ukraine's productivity and external competitiveness.

This positive outlook however depends on Tymoshenko's genuine departure
from destabilizing policies of reprivatization and arbitrary price-
interventions which had a major negative impact on domestic investment
and GDP growth last time she was in power.

For now the market mood is bullish, based on hopes that Ukraine's most
gifted political campaigner has learnt a valuable lesson.
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[return to index] [Action Ukraine Report (AUR) Monitoring Service]
========================================================
17. UKRAINE - JULIA TYMOSHENKO: THE IRON PRINCESS
She is the Orange revolutionary who seduced a nation and became a global
style icon. Now, despite losing her billion-dollar fortune, Julia Tymoshenko
is set to become Ukraine's next president - if her enemies don't kill her first

By Kataryna Wolczuk and Roman Wolczuk
The Independent, London, UK, Sunday, 28 October 2007

The transformation of Julia Tymoshenko from mere politician to leader of a
revolution took place on a freezing night in November 2004 in Kiev, the
capital of Ukraine. With hundreds of thousands of people on the streets to
protest against the falsification of election results denying victory to the
presidential hopeful Viktor Yushchenko, tensions were running high.

Amid rumours that troops were moving on the city to quell the uprising, and
with her ally Yushchenko ensconced elsewhere, Tymoshenko led a vast
crowd to face down the soldiers guarding the presidential administration.

With this one act, her transformation was complete. In less than a decade,
Tymoshenko had changed her image from reviled oligarch, detested across
the country, to darling of the masses. Her journey has been far from easy.

In a country notorious for its dismissive attitude towards women, Tymoshenko
has seen off presidents and prime ministers, endured imprisonment and a
probable assassination attempt to emerge as the most popular politician in
the country.

If she so chooses, the 47-year-old could well be the next president of
Ukraine. As leader of this geopolitically important country, the effects of
her policies have the potential to reverberate across the continent.

The story of her rise to power gives an insight into the volatile, dangerous
world of Ukrainian politics. The Orange Revolution, with Tymoshenko among
its key figures, spelt the end of the self-serving, undemocratic regime of
Leonid Kuchma, who rigged the elections in an attempt to install his
anointed successor, Viktor Yanukovych.

Once in power, though, the alliance of President Yushchenko and Prime
Minister Tymoshenko collapsed in acrimony, opening the way for Yanukovych
to return as prime minister in September 2006. To pre-empt Yanukovych taking
full control of parliament, Yushchenko dissolved the parliament, on somewhat
spurious grounds, this spring.

While Yanukovych won the biggest share of the ballot in the elections that
followed, Tymoshenko took nearly a third of the vote - and Yushchenko
supporters would unhesitatingly switch to her if she were to launch a
presidential challenge to Yanukovych, putting victory within her reach.

Her inauspicious beginnings gave little hint of what was to come. She was
born in the eastern Ukrainian city of Dnipropetrovsk in 1960; the family was
abandoned by her father when Julia (or Yulia) was three. Little is known
about her past; even her maiden name remains a mystery.

While at university studying economics, she married Oleksandr Tymoshenko
in 1979 and bore their only child, Eugenia, in 1980. (Her daughter,
incidentally, studied at the London School of Economics and, in October
2005, married Sean Carr, a British rock singer and market trader.)

The video-rental shop the Tymoshenkos had opened in 1988 soon became a
lucrative chain, and in 1991, Julia became the director of the Ukrainian Oil
Company (UOC), a small business trading in oil. Sensing the opportunities
that offered themselves following the collapse of the Soviet Union, ' she
reorganised the UOC into an energy-trading company, United Energy Systems,
which emerged as the primary importer of natural gas from Russia to Ukraine
in the post-Soviet bonanza years of the mid-1990s.

Opponents claim that during this period her company imported and sold vast
quantities of stolen gas while evading taxation - something she vehemently
denies.

Whatever the truth, it is alleged she emerged with a personal fortune
(estimates have put it as high as $11bn), the nickname "Gas Princess" and an
incomparable insight into the lucrative, corrupt and highly opaque
gas-trading regime between Ukraine and Russia.

Appointed deputy prime minister for fuel and energy in 1999 in the reformist
government led by Yushchenko, Tymoshenko reformed the sector by closing
lucrative loopholes. But the gas barons, whose shady practices she had
halted, got her sacked by President Kuchma in January 2001.

Her politically motivated arrest the following month, on charges of bribery,
smuggling, forgery and tax evasion, and the month-long imprisonment which
followed, was perhaps the defining moment of her life: whether because of
her taste for power, desire for revenge, or simply moral indignation,
Tymoshenko the crusading politician was born.

Following the creation of Bloc of Julia Tymoshenko (BYuT), she led a
street-level campaign to bring down the regime of Kuchma in 2001 after he
was implicated in the murder of a Ukrainian journalist. Although she failed,
Tymoshenko became a continuous thorn in his side, culminating in her pivotal
role in the Orange Revolution.

More than anything, her inflammatory rhetoric and uncompromising stance
towards Kuchma's chosen successor, Yanukovych, for his role in electoral
fraud, mobilised the masses to demand justice - justice that was served when
Yushchenko was elected president in a repeat round of elections.
Tymoshenko's trophy was the post of prime minister. Now the question is
how much further she can go.

Despite Tymoshenko's frequent successes, her opponents are struggling to get
the measure of her. In a country in which women usually have only support
roles, she plays her own game. Whereas the Soviet-era, male-dominated
political elite issues edicts to underlings from behind closed doors,
Tymoshenko is wooing her Ukrainian audience with high-profile publicity
campaigns.

(A factor which led to her fallout with Yushchenko was his contention that
as prime minister she should spend less time in television studios.) With
one of the slickest image-making machines in Europe, she is well ahead of
her opponents who are only now cottoning on to the value of
self-presentation.

That she is very tough, there is no doubt. Anybody who can challenge
presidents and survive the forces deployed by the state deserves the title
"Iron Lady", which she is particularly proud of. (She welcomes comparisons
withMargaret Thatcher, very much still an icon in Ukraine; when in the UK in
September, Tymoshenko insisted on being photographed with her.)

Her opponents are ground down by her ferocity, tenacity and resilience. In
fact, if there is one thing her main challengers, Yanukovych and Yushchenko,
agree on, it is the need to keep Tymoshenko in check. She is certainly
capable of keeping both of them out of power.

Tymoshenko exploits her looks unashamedly; it is no coincidence that BYuT,
is pronounced "beaut". As prime minister in 2005, she appeared on the front
cover of Ukraine's version of Elle, posing in a designer dress, and when
asked in an earlier interview whether she would prefer to be on the cover of
Time or Playboy, Tymoshenko implied a preference for the latter, though
added that she would plump for the former. The official website of BYuT is
plastered with images of its leader.

Tymoshenko even uses her hairstyle as a political tool. The cut, that of a
Ukrainian peasant, is a bold but risky choice in a country where many people
try to forget about their bumpkin origins.

Yet the strategy has paid off, as the braids' traditional connotations have
boosted her national political credentials. The plait has become her
trademark and she is now instantly recognisable across the globe.

Recently, it was replicated by Kylie Minogue in a calendar, and Sienna
Miller, that doyenne of style, adopted it at this year's Golden Globe
Awards.

When Tymoshenko's detractors tried to undermine her credibility by accusing
her of wearing hair extensions, in perhaps one of the more remarkable press
conferences given by a politician and former minister, she undid her plait
in front of the international press corps to prove that it was her own hair.

Her masterstroke was to counterbalance her peasant style with designer
outfits, always colourful and often daring. Despite claiming that her
familial income was less than $10,000 in 2005 when she was prime minister,
it was estimated that she had worn at least $30,000 worth of designer
outfits.

The fate of her fortune acquired in the 1990s remains covered in a veil of
mystery. Tymoshenko claims it was destroyed by Kuchma during her
opposition to him, bolstering the riches to rags myth. '

Her charisma is legendary. Russian president Vladimir Putin is alleged to
have a soft spot for Tymoshenko, while one EU official offers the following
advice on negotiating with her: "Don't look at her; write copious notes;
afterwards, go home and take a shower; then read your notes."

She can grab, and hold, a crowd as few others can: fiery, caring,
coquettish, it was she who put fire in the bellies of the protestors during
the revolution. Although they supported Yushchenko, she was the one they
believed in. After the two subsequently fell out in 2005, many people felt
betrayed - he was, in their eyes, just the soft-talking figurehead.

A year later, when Yushchenko came on to the stage on the main thoroughfare
in Kiev to celebrate the anniversary of the Orange Revolution, the crowd
chanted "Yu-li-a, Yu-li-a".

In a country regarded as among the more corrupt in the world, Tymoshenko's
anti-corruption message resonates. Thanks to her unrelenting castigation of
the political and economic elite of Ukraine for their abuse of power, voters
have little difficulty in putting her murky past out of their minds when it
comes to elections.

Indeed, with her bile targeting rent-seeking politicians, her popularity has
rocketed: in parliamentary elections in 2002 she had 8 per cent of the vote;
in 2006, 22 per cent; and last month her bloc picked up nearly 31 per cent.

In a presidential election, due in 2009 or 2010, on current ratings she
would suck voters away from the incumbent. As it is, her main challenger,
Yanukovych, would have a real battle on his hands.

Her success in the recent elections is therefore bitter-sweet for Yushchenko
in their tentatively renewed alliance: without Tymoshenko, he loses control
of parliament; with her on-side, power is in her hands. He is outshone,
outwitted and, eventually, may end up out of power because of her.

Most worryingly for Yushchenko and Yanukovych, Tymoshenko's appeal is
national; theirs is not. Yushchenko is supported almost exclusively by
western Ukraine and Yanukovych by eastern and southern; each is detested in
the other's heartlands.

In contrast, Tymoshenko won the majority of Ukraine's electoral districts in
September's parliamentary elections; she now appears to be the only
politician capable of holding together a country fragmented along
linguistic, ethnic and religious lines, as it seeks to find its place in the
world.

Ukraine is perennially torn between the pull of Russia and lure of the West,
and could easily tear apart if the tensions become too great. Tymoshenko
seems for the first time in the history of independent Ukraine to offer a
message that appeals to its diverse parts.

It is her overwhelming appeal that presents Tymoshenko with her greatest
threat: to her own safety. She unnerves the prevailing powers in Ukraine:
she knows the political system inside-out, gets things done, and tends not
to compromise. As prime minister, she threatened to re-nationalise many of
the companies that made a number of Ukrainians billionaires.

In an environment where politicians who don't toe the line have met with
unfortunate road accidents, and where Yushchenko, notoriously, was poisoned
while campaigning for the presidency, she is highly vulnerable. She has
already been involved in a serious car accident, in 2002, not unlike those
which have killed numerous other Ukrainian politicians.

Tymoshenko's unwillingness to pull punches does not leave much room for
reconciliation. Her success is ringing alarm bells in Moscow - and any
clashes between Kiev and Moscow cause consternation in the capitals of the
European Union.

Her pan-Ukrainian appeal threatens to undermine the Kremlin's "divide and
conquer" strategy towards the country, while her anti-corruption crusade
would infringe on vested interests in Russian energy affairs.

It is likely that the threat made earlier this month by the Russian energy
giant Gazprom to reduce gas supplies to Ukraine unless $1.3bn of arrears are
repaid, is related to BYuT's electoral success.

Once back in power, she would undoubtedly impede any moves by Russia
to take control of Ukraine's gas-transit system. As more than 90 per cent of
the EU's gas from Russia comes via Ukraine's pipeline, securing its ownership
is key for Moscow.

The EU's dependence on Ukraine's energy-transportation system makes western
Europe uniquely vulnerable to any moves by Moscow to cut supplies as a means
of getting its way in Ukraine.

Aware of her image as a somewhat volatile and opportunistic politician,
Tymoshenko is working hard to come across as more moderate. During the
recent campaign, she spoke noticeably more slowly and used more controlled
body language.

At the same time, she relaunched herself on the international arena, knowing
that showing off her international respectability would do no harm to her
political ambitions in Ukraine. She met a number of European public figures
and on those occasions avoided making populist, uncompromising
pronouncements.

Yet, despite her remarkable rise and recent efforts to foster a new image,
Tymoshenko has yet to prove that she can take the final step from leader of
a revolution to leader of a country.

With a natural inclination to confront and fight, rather than negotiate and
pacify, and a predisposition to follow her instincts rather than consult and
reflect, Julia Tymoshenko has one more transformation to make if she is to
attain the stature her country will require of her.
-----------------------------------------------------------------------------------------------
NOTE: Kataryna Wolczuk is deputy director of the European Research
Institute at the University of Birmingham
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http://news.independent.co.uk/people/profiles/article3096925.ece
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[return to index] Action Ukraine Report (AUR) Monitoring Service]
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and e-mail contact information to morganw@patriot.net. Information about
your occupation and your interest in Ukraine is also appreciated.
If you do not wish to read the ACTION UKRAINE REPORT please
contact us immediately by e-mail to morganw@patriot.net. If you are
receiving more than one copy please let us know so this can be corrected.
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PUBLISHER AND EDITOR - AUR
Mr. E. Morgan Williams, Director, Government Affairs
Washington Office, SigmaBleyzer, The Bleyzer Foundation
Emerging Markets Private Equity Investment Group;
President, U.S.-Ukraine Business Council, Washington;
1701 K Street, NW, Suite 903, Washington, D.C. 20006
Tel: 202 437 4707
mwilliams@SigmaBleyzer.com; www.SigmaBleyzer.com
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