POLITICS
Appearing on television June 24, President Kuchma declared he can no longer manage Ukraine's economy by issuing edicts "on economic issues not regulated by law."
We will not endeavor to analyze Mr. Kuchma's conduct on the air. It could be chalked up to the election campaign's effects and the President's traditional desire to shift the blame onto Parliament where, apart from everything else, all his major adversaries are encamped. There is one thing worth noting, however. In reality, Leonid Kuchma had no serious intentions to have his edict-issuing authority renewed, because this calls for changes in the Constitution and no document to this effect has been submitted to Verkhovna Rada.
Be it as it may, the end of the edict-writing period marks a very significant stage in Ukraine's current history, regardless of the election context. Its significance consists in the fact that from now on the political epicenter is the Cabinet (as it should have been from the outset, considering the existing vehicle of forming the executive branch). Of course, the "dual" top of the executive vertical is still there, yet the chief executive's rule is now considerably reduced, comparable to, say, a very large parliamentary faction. On the whole, this is a big step forward (albeit unintentional) toward openness and responsibility in Ukrainian politics. Indeed, until recently all kinds of pressure groups had a unique opportunity to ignore the political process, reaching their goals by wheeling and dealing in the presidential entourage (as evidenced by the absence of any systematic approach in the President's edicts). From now on they will have to argue their cases with the Cabinet and the latter, unlike the Presidential Administration, depends on Parliament and public policy. In other words, Ukrainian oligarchs will have to take classes in parliamentary eloquence in order to be able to make their cases in public.
Of course, it will be some time before these changes set in. Considering that our independent history has been packed with extraordinary powers (first vested in Premier Kuchma and later in President Kuchma), the situation taking shape after June 28 can be referred to as basically new, although it is likely to be appreciated by the future President, rather than the current one, because he will have to work under these new conditions. As for the present Chief Executive, June 28 is yet another excuse to tell the entourage why he did not "encourage" some groups of backers or another.
Another no less important consequence of the edict-issuing deadline will be perfect clarity in yet another crucial issue: there are no vehicles created in Ukraine to protect against illegal, unauthorized lawmaking. To explain, the Constitution does not forbid the President from issuing edicts after June 28, the difference being that, according to Clause 31, Article 105, these edicts must be issued pursuant to the laws and Constitution of Ukraine. In other words, Mr. Kuchma, if he so desires (and there is little doubt that he will), may continue in the same vein, but only "in pursuance of the laws." Who can say that a certain edict has nothing to do with the laws? It takes a court ruling on each such edict. Or the Constitutional Court coming out with an all-embracing interpretation of the appropriate constitutional provisos. many lances will be broken over this issue. Yet this problem, being of crucial importance in forming a state ruled by law, will be finally in the open.
Another forecast. Very likely the oligarchs will get their bearings by mid-September and, being unsure of their current boss's victory, will take up "real politics." Namely, they will busy themselves influencing the government. Here different scenarios are possible, including Parliament passing a vote of no confidence in the Cabinet. In any case, one can predict more talk about the majority in Parliament and coalition government, with the "inveterate friends," the SDPU(o) and NDP taking the most active part.
By Volodymyr ZOLOTARIOV, The Day
Newspaper output №:
№25, (1999)Section
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