Specially for the Ukrainska Pravda
Ukrainian parliament during its independence – is a platform for oral battles with elements of blocking (21 times), dismissal (2.5 times) and multiple voting with violation of the Procedure.
In contrast to Ukraine, blocking and dismissal are quite effective methods used to overcome the crisis in democratic countries. While the first makes opponents to carry on negotiations, the second form of political compromise, which provides voluntary termination of authority of MPs by mutual consent, is inherent condition of agreement during more serious misunderstandings.
Blocking and dismissal are quite effective methods used to overcome the crisis in democratic countries.
When parliamentary marriage becomes a burden for politicians, they agree to peacefully divorce. Voters have to determine new percentage of political representation in the parliament, which gives a chance to find a way out.
However, if the desire to break up is not mutual, it may result in illegitimate elections, confrontations between branches of government, citizen boycotting and deepening the conflict.
Events which preceded today's crisis are quite demonstrative.
During termination of the Verkhovna Rada of VI convocation, Volodymyr Lytvyn has stated in his valedictory that 5 years of legislative branch can be divided in periods "before" and "after" 2010. Ex-speaker had reported (word by word): "77 percent of draft laws submitted by the President were adopted. More than 60 percent of projects from the Cabinet of Ministers were also supported in the Verkhovna Rada. Draft laws submitted by members of parliament turned out to be outsiders in parliamentary efficiency statistics. Only 22 percent of 4 thousands 71 draft initiatives have passed purgatory of the session hall. It's easy to conclude: such statistics reflects the quality of legislative activities."
However, we have to disagree with Mr. Lytvyn, as long as these data also reflect self-sufficiency of the parliament, and influence of presidential and executive branches.
Degradation of the Verkhovna Rada was followed by deputies running from one party faction in Parliament to another (these deputies in Ukraine are called “tushka” – that means the dead body of a small animal), political corruption, bribery of MPs, narrowing deputies' powers and differentiation of the deputy corps, deputies with unrestricted immunity, button pushers, and MPs which are too busy to be present on sittings.
The executive branch is dominating, and ministers are constantly ignoring the days of government in parliament.
VRU of VII convocation has received an alarm signal when the President have preferred to leave for political journey then to be present when newly-elected Members of Parliament were taking oaths. It's difficult to imagine feelings of the Guarantor if the parliamentary hall was empty during his inauguration.
The Higher Administrative Court of Ukraine has ended discussion of political players by depriving Oleksandr Dombrovskyi and Pavlo Baloha of their mandates. Despite legal implementation of the court decision is impossible, MPs have become victims of political expediency.
Have worked enough
Today, different political forces increasingly often state that the VRU of VII convocation will not work. However, the interest of both pro-power and opposition parties seems to be not quite sincere. As an institution, the parliament should secure the balance of powers. If the Verkhovna Rada is permanently blocked and inactive, it benefits executive and presidential verticals, which working instruments are not limited without multiple initiatives of 442 MPs.
The party in power obviously has more financial and administrative resources, therefore, securing new election campaign is a question of generosity. However, why pay more, if the possibility to get better results in special parliamentary elections is illusory.
Sonorous speeches regarding elections by the majoritarian system seem to be exaggerated, as long as the majority is not interested. 2012 election campaign expenses are to be capitalized by political influence and administrative resource. Newly-elected MPs, especially self-nominated, haven't managed to do this during three months.
Sonorous speeches regarding elections by the majoritarian system seem to be exaggerated, as long as the majority is not interested.
The opposition has certain difficulties with resources. Business organizations in Ukraine traditionally support parties, which are able to protect their capital or guarantee its security. Therefore, opposition parties are not the best choice for investment.
For today, nobody has tried to systematically attract citizens' resources for financing of political institutions. Single instances remain rare.
Besides that, the opposition hasn't become more popular these days. Therefore, the status quo is advantageous for the power, doesn't hinder the majority and puts the opposition in an awkward situation. The latter didn't manage to assert voting results in 5 majoritarian districts, and two winners without mandates are already abroad. Comment is superfluous.
Block do not unblock
Verkhovna Rada of Ukraine of VII convocation didn't manage to open the 2nd session during 17 days. The principal demand of the opposition, which has blocked the parliament for a long term, was implementation of the Constitution and adherence to the principles of personal voting by MPs The opposition has put legal demands with precise political context: delegitimization of laws, adopted with violation of the procedure, and natural decrease of votes given by the pro-power party in the Verkhovna Rada.
However, the compromise which was reached by participants of the conflict, can hardly assist in realization or these demands. It's easy to see – there is no system to punish violators. The second blocking, which is connected to deprivation of MP Serhii Vlasenko, the defender of Yuliia Tymoshenko, of parliamentary mandate by the Higher Administrative Court, has being lasting for almost 2 weeks. Such policy of political pressure should frighten not only MPs in the opposition, but also those in power. Still, the instinct of self-preservation, which should have provoked the internal party opposition in the Party of Regions, didn't bring any results yet.
During the last two periods of blocking in parliament, the majority adhered to the practice of ignoring. Such behavior is exhausting for the opponent, makes him use demands and slogans which have no chances for realization, and forms an image of mild political hysteria.
If the parliament is not working for 30 days, the President has the right (although not obliged) to dissolve the VR[1] and announce the conduction of special parliamentary elections. Ukrainian Constitution provides that if the Parliament fails to perform its activities during 30 calendar days, it can be prematurely dissolved. In accordance to the effective legislation[3], the extraordinary elections shall be conducted during 60 days[2] after the corresponding resolution is published.
The history of horizontal conflicts
During its seven convocations, the Verkhovna Rada of Ukraine has seen two and a half political crises, which ended with dismissal of the parliament in 1994, 2007, and 2008. Similarly to 2013, the confrontation was caused by "horizontal" conflict, which appeared between governmental authorities (1994: between the President Leonid Kravchuk and the Chairman of Government Leonid Kuchma; in 2008 – between the President Viktor Yushchenko and the Yuliia Tymoshenko Bloc (YTB)), or between parliamentary groups (in 2007 – the power vs. the opposition).
During such type of confrontation, the legislative branch cannot perform its functions because the level of political culture is not high enough to compromise, or the opponents are equally influential and are not willing to make concessions. Horizontal conflicts may be resolved in different ways: parliamentary debates, dissolution and special elections, Vote of No Confidence to the government or the President, substitution of parliamentary Heads, appeal to the Constitutional Court, organization of a referendum on disputable issues. Besides that, the crisis may be left behind after a compromise, depletion of resources of one party, coercion. This conflict seems to become a cold political war, directed at depletion.
In 1994, the confrontation between the President Leonid Kravchuk and parliament ended with the mutual decision to prematurely terminate the powers of the Guarantor and the Verkhovna Rada. Parliamentary elections were held in spring of the same year, and only 338 MPs of 450 were chosen. There were two rounds of voting, and only 49 MPs have received mandates in the first one. Only 4 parties have received factions with more than 10 persons. The conflicts were bursting during the whole period of convocation, and have ended only in late 90th.
On August 2, 2007 the early election campaign has started, which was preceded by 3 month of political confrontation, multiple appeals to the Constitutional Court, intrusion of the SBU, dismissal of judges, negotiations between different political forces, public protests, some of which had the features of imitated and paid, some Decrees of the President Viktor Yushchenko on the date of special elections and cancellation of previous decrees.
Besides that, the Verkhovna Rada of Ukraine has taken Resolution on some measures to prevent violations of the constitutional order and to ensure non-interference of NBU in the activities which threaten the constitutional order, and was appealing to the international community regarding the simultaneous conduction of Presidential and Parliamentary elections, as well as a referendum on NATO membership.
Meetings of the Central Election Commission were upset due to hospitalization of its members, and the absence of quorum, and the Constitutional Court of Ukraine became the epicenter of military activities, with internal-security troops involved. As a result of tight struggle, the President Viktor Yushchenko, Prime-Minister Viktor Yanukovych, and VRU Speaker Oleksandr Moroz have agreed upon holding elections.
This crisis has begun with confrontation in Yushchenko's camp, and creation of an unsteady and unnatural cooperation between the Our Ukraine and the Party of Regions, which have formed a government headed by Viktor Yanukovych, with 8 Ministers from Yanukovych's camp. For the first time in Ukraine, the proportional election system with closed lists was used, and 3% threshold was established.
Voting results have showed that 5 political forces have got into the VRU, and the Socialist party of Ukraine has disappeared from the political stage. The elections have solved problems of the Government and secured the post of Prime Minister for Yuliia Tymoshenko. However, the political crisis hasn't come to an end, as long as confrontation between the Prime Minister and the President has worsened during campaign.
On September 4, 2008 the Our Ukraine - People's Self-Defense block leaved the pro-power coalition, and on October 8, the President of Ukraine Viktor Yushchenko announced dissolution of the parliament for the second time and scheduled the elections for December 7. Negotiations between participants of the ex-Orange camp continued for more than a month, but the parties were holding uncompromising stands, and camps leaded by the President and Prime Minister had considerable and equal resources. The YTB has appealed against the Presidential Decree to the Kyiv District Administrative Court, which have suspended its operation and prohibited the CEC to hold meetings regarding the organization of the election process. Sometime later, the Court of Appeal will recognize actions of Kyiv District Administrative Court as illegitimate.
MPs shall work despite the unfavorable weather and political conditions, and establishing the rules of the game is a part of such work
Still, the elections hadn't been held, as long as the Government didn't finance their organization. As a result, Yushchenko has canceled his own Decree in order to stabilize social and political situation in Ukraine, and minimize negative influence of world financial crisis etc.
Short summary
Blocking of the parliament, minor compromises, calls to reelect the parliament and the President – are only symptoms of diseased legislative branch.
The parliament is becoming an inefficient body, which role is artificially diminished.
Verkhovna Rada should come back to the working pace which would secure MPs implementing their duties and protecting parliamentary influence. It's a time to seriously discuss basic principles of Ukrainian parliamentarism,
as long as it has two possible directions now:
– to nowhere;
– to the standards, determined by a number of documents of the OSCE/ODIHR, Council of Europe, and Venice Commission.
MPs shall work despite the unfavorable weather and political conditions, and establishing the rules of the game is a part of such work
Opposition factions should understand that there are no real legal instruments for organization of special elections of the President of Ukraine. And the party in power, which in any case will be in opposition sooner or later, should think whether it would be pleased with the role of dumb performer.
We all know that change of roles is only the question of time.