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Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty
Henry M. Robert

Contesting a Score of 76 to 16?

15 June, 1999 - 00:00

By Iryna HAVRYLOVA, The Day

One of the mayoral candidates, People's Deputy Hryhory Surkis, is contesting
the vote count in court. This was expected, despite Oleksandr Omelchenko's
landslide by half a million votes. The Surkis team seems to have got the
message just as Mr. Kuchma, while acknowledging the "good man's" administrative
talent, pointed out that "of all the branches of government only the judiciary
can influence the election campaign." Apparently, the judiciary can likewise
influence a score of 76:16 if they try hard enough.

Serhiy Odarych, a professional lawyer, considers that "everything depends
on the Presidential Administration's stand, since the judiciary has never
become independent of the executive." Mr. Odarych is convinced that, once
"Leonid Kuchma's entourage bets on Surkis the court will undoubtedly rule
in his favor. In such case the 221st electoral district scenario will be
played out on a citywide scale."

There has been adequate indirect evidence to expect precisely this finale
to the mayoral saga. For example, Mr. Surkis's election manager Leonid
Kravchuk was surprised and put it aptly, saying that Oleksandr Omelchenko
"who swore his love for the President and declared that it would be immoral
to think of electing anyone except Leonid Kuchma suddenly chose as his
agents persons with anti-presidential [sic - Ed.] ideas."

Incidentally, the Green were the first to intimate that Mr. Omelchenko
is no longer in good odor with the President two months ago, and that could
be a change in the "mayor at law" vector in the executive direction. It
was at that period that the current mayor spoke especially warmly of the
Speaker, saying he had the right idea about the law on the capital city.
After the mayoral election results became officially known Oleksandr Tkachenko
reciprocated, greeting Oleksandr Omelchenko in a manner making one wonder
about their alliance growing stronger.

Mr. Surkis has also turned to the Supreme Court, a change of venue from
Starokyivsky (Old Kyiv) District to Vyshhorod Town Court, charging the
district court with bias.

The capital's popular political parties, rallying round Mr. Omelchenko,
came out in support of the result's legitimacy. Their joint statement "In
Defense of the Kyivans' Choice" was signed by the leaders of Reforms and
Order, both Rukh factions, Open Politics, and the Peasant Party. "We are
worried by the attempt to revise the results of the elections in Kyiv and
ignore the residents' choice. The fact of transferring the case to Vyshhorod
reminds one of a well-rehearsed scenario worked out by clans and oligarchs,"
reads the statement. The authors have their own democratic methods to counterpoise
to such oligarchic techniques. Messrs. Sobolev and Udovenko are convinced
that their bloc will be able to appeal from the Supreme Court's ruling
to the Constitutional Court and apply parliamentary vehicles. Serhiy Sobolev
formulated the main intrigue: Oleksandr Omelchenko will find himself "hanging
in air" as protracted hearings drag on, thus ruling out his taking an independent
stand in the presidential campaign.

Most leaders signing the above statement, one should note, oppose Mr.
Omelchenko's more or less consistent pro-presidential stand. However, the
Left and Right equally need a "guarantor of democratic elections in Kyiv
this October" and have one by one come to bet on the current mayor.

Although the United Social Democrats are obviously vying for city campaign
control levers, this does not mean that they will play in to Leonid Kuchma's
hand. According to Anatoly Matviyenko, "come September, SDPU(o)'s and Leonid
Kuchma's interests will diverge and the party will bank on the leader in
the race."

 

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